Alibaba Entrepreneurs Fund

DISCLAIMERS

www.ent-fund.org (the “Site”) is a website of The Alibaba Entrepreneurs Fund, an initiative of Alibaba Group, comprised of The Hong Kong Entrepreneurs Fund Limited and The Taiwan Entrepreneurs Fund Limited established under the laws of the Cayman Islands (together, “Alibaba Entrepreneurs Fund”, the “Fund,” “we,” “us,” etc.), to support the career development and entrepreneurial aspirations of young people through the Alibaba ecosystem. These Disclaimers are an agreement between the Foundation and you and govern your use of the services offered by our Site (“Services”) and all information on or submitted through it. Our Privacy Policy is part of these Disclaimers and is incorporated herein.

Your use of our Site or your provision to us of any content or personal information constitutes your agreement to these Disclaimers as amended from time to time. Do not use the Site or provide content or personal information to us if you do not agree to the Disclaimers or if your jurisdiction will not honor them.

Some users of this Site are employees or agents of business entities, so references to “you” in these cases means both: (1) any entity or individual that is your employer or for whom you act as agent, and (2) the “user” individually unless otherwise stated on the Site or in these Disclaimers.

If you are a person considered as a “minor” by your jurisdiction, you represent and warrant that you have obtained all necessary consent from your guardian, legal representative, or any other third parties, if required by your jurisdiction, to use this Site and to understand and fulfill your obligations under our Disclaimers and Privacy Policy, and in these cases “you” means both: (1) your guardian, legal representative, or any other third parties, and (2) the “user” individually unless otherwise stated on the Site or in these Disclaimers.

1. Your Obligations

(1) Your Personal Information

When you provide information about yourself in applying for a program offered by us, you agree to provide accurate, current, and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or the Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, the Foundation may suspend or terminate your application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law without being liable to you.

(2) User Generated Content

Sometimes you may wish to provide User Generated Content (“Content”) in using some features of our Site, such as by uploading a proposal or a resume, or by submitting comments or feedback online or via emails. When you provide such Content, you represent and warrant that the Content is: (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to the Foundation for download, distribution, and use under these Disclaimers without violation of laws or incurring any liabilities to any parties.

You agree to grant the Foundation, its affiliates, and any third parties sub-licensees and successors and assigns, a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, irrevocable license to (a) use, copy, distribute, modify and create derivative works from the Content; (b) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (c) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties to allow the Foundation or other licensed persons to fulfill our mission, operations, or any other functions directly related to our mission and operations.

In addition to the rights above, you acknowledge and agree that we may keep your Content indefinitely and disclose it for any purpose pursuant to our Privacy Policy.

You agree not to upload, post, or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to be: (a) defamatory, obscene, invasive to another person’s privacy or confidential information; (b) infringing upon any third party’s intellectual property rights, including but not limited to, any patent, trademark, trade secret, copyright, or right of publicity; (c) containing any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or (d) in violation of any applicable license, law, or contractual or fiduciary duty of any party.

2. Limitations of Our Liabilities

(1) The Site and all its content, functionality, assistance and services are provided “as is” without any warranties from either us or any third parties, either express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose.

(2) To the extent permitted by law, neither the Foundation nor any of the third parties will be liable under any circumstances for any indirect, special, consequential exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data. To the extent permissible by law, in no event will Foundation’s liability arising out of the use of the Site or our Services exceed USD100.

(3) The Site is provided as is and when available, and we may change any or all of its content, functionality and Services in our discretion at any time without notifying you. We may also do this for particular activities even if you have started to participate. For example, we can change a job or grant description at any time even if you have already applied, and not all jobs or grants may be posted at all or on the Site. Also, we reserve the right to correct, change, withdraw or do anything else with a job or grant description without being liable for any consequences even if you have already taken action based on it.

(4) You acknowledge and understand that your submission of an application to any of our programs does not guarantee acceptance. You also acknowledge and understand that we will not pay you or anyone else a commission or any other forms of compensation if we have not entered into a written contract with you first even if we accept your application, hire your candidate, or make the grant to your client. We may also use, delete or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else absent a valid written contract with you.

(5) Our Site may contain links to web sites of third parties or contents provided by third parties such as our sponsors. While their information, products and services may be helpful to you, these third parties are independent entities and we do not control or endorse them. We do not guarantee the quality, reliability, or suitability of any third party services provided, made available or linked through our Services and we will bear no responsibility for such third party services and contents. You agree that any visits to linked sites or third party contents are solely at your own risk. There may be, from time to time, third party contents and services on our Services that are subject to further terms, including terms from the relevant third party that originally produced such contents and services. In such cases, you agree to comply with any such further terms and conditions.

3. Intellectual Property

(1) You understand and agree that all intellectual property rights in or to our Services and Site belong to us and our licensors at all times.

(2) Except as expressly provided in these Disclaimers, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features associated with Alibaba Entrepreneurs Fund without our prior written consent.

4. Indemnification

You agree to indemnify, defend and hold harmless the Foundation and third parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them (including but not limited to litigation costs and attorneys’ fees) in connection with any claim, damage or loss related to your personal information and Content arising out of your use of the Site and any services provided by us or third parties, or your breach of these Disclaimers. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent.

5. Termination

(1) You understand and agree that we have the right, at any time, to suspend or terminate some or all of our Services without the need to notify you in advance. These Disclaimers will apply to your use of our Services until access to the relevant services is terminated by either you or us.

(2) We may suspend or terminate your access to any or all of our Services: (a) if we reasonably believe that you have breached these Disclaimers; (b) if we reasonably believe that you have failed to fulfill your duties and obligations you owe to any of our affiliates or third parties; (c) if your use of our Services creates risk for us or for other users of our Services, gives rise to a threat of potential third party claims against us which will be potentially damaging to our reputation; or (d) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.

(3) Following termination of these Disclaimers, we will only retain and use your Content in accordance with these Disclaimers. And we do not guarantee that we will be able to return any of your Content back to you and we may permanently delete your Content at any time without notice to you. Please ensure that you regularly back up your Content.

6. Updates

You understand and agree that from time to time we may update these Disclaimers and the Privacy Policy by posting on our Site. Amended versions of these Disclaimers will take effect on the date specified for the amended version. You should regularly check our Site for updates and your continued use of our Site and Services constitutes your acceptance of the updated Disclaimers and Privacy Policy.

7. Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with these Disclaimers, including the Privacy Policy will be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Any dispute, controversy or claim arising out of or in connection with these Disclaimers, including any question regarding its existence, validity or termination, shall be first settled through friendly consultations between the parties. In the event that no settlement is reached within thirty (30) days from the date of notification by either party to the other that it intends to submit a dispute, controversy or claim to arbitration, then such dispute, controversy or claim shall be settled by arbitration in Hong Kong International Arbitration Centre (“HKIAC”) in Hong Kong under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The arbitral award shall be final and binding upon the parties.

8. Notice

(1) Any notification or notice given by us concerning these Disclaimers in connection with your use of our Services may be via emails, web postings, or others. Such notification or notice will take effect and is deemed to be delivered to you on the date it is sent or released.

(2) You agree that you will give us notice related to our Services and/or these Disclaimers via enquiry-hk@ent-fund.org or any other methods recognized by us.

9. Miscellaneous

(1) To the extent permitted by applicable law, the Fund and you hereby waive any provision of law that would render any clause of these Disclaimers invalid or otherwise unenforceable in any respect. In the event that a provision of these Disclaimers is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Disclaimers will continue in full force and effect.

(2) No waiver of a breach of these Disclaimers will constitute a waiver of any prior or subsequent breach of these Disclaimers.

(3) We reserve the right to assign or transfer part or all of our interests, rights, and obligations under these Disclaimers to one or more affiliate companies of ours. We will notify you should such transfer or assignment occurs.

(4) In the event of any discrepancy between the English version and the Chinese version of these Disclaimers, the English version shall prevail.