Paragraph 11.4 is replaced by the following exclusions. With the exception of consumer guarantees, Alibaba Cloud excludes: (a) any duration, condition or guarantee that may be included elsewhere in this agreement; (b) any liability for losses or damages caused by alibaba Cloud`s negligence or negligence of Alibaba Cloud; and (c) any liability for the consequential damages. For the purposes of this endorsement: „Australian Consumer Law“: Calendar 2 of the Competition and Consumer Act 2010 (Cth) and all equivalent state or territorial laws. „claim“ refers to any claim, liability, cost, cost, loss or damage you have incurred in connection with this Agreement (including, but not limited to, the negligence or negligence of Alibaba Cloud). „Consumer guarantee“ refers to a right or guarantee that you may have under the Australian Consumer Law or other rights relating to the provision of goods or services (such as Z.B. Terms implied in a contract) that cannot be legally excluded. Clauses 11.5 are replaced by general liability restrictions. You and Alibaba Cloud agree that Alibaba`s liability for claims, with the exception of a claim under a consumer guarantee, is limited to the highest value: (a) the amount of fees you paid for services in the calendar year prior to the application of the claim to Alibaba Cloud or its related companies; b) $100; or (c) the amount provided under the terms of the corresponding service level agreements relating to your use of certain services. All claims against Alibaba Cloud regarding any of the issues mentioned in this clause 11.5 must be filed within one (1) year from the date of the claim. 2.2 Certain products, services, promotions, campaigns, service level agreements, warranties and/or other offers may only apply to customers located on specific sites (including descriptions of The Regional Sites of the Alibaba Cloud Platform) (the „regional offers“). These regional offers may be offered or made available by companies other than Alibaba Cloud. These regional offerings and associated terms may not apply to you and/or Alibaba`s largest cloud platform.
Unless otherwise stated, these regional offers are not offered or provided by Alibaba Cloud and Alibaba Cloud is not responsible for regional offer issues. Similarly, Alibaba Cloud Services products, services, promotions, campaigns, service level agreements, warranties and/or any other form of offer from Alibaba Cloud Services („Alibaba Cloud Offers“) may not apply to customers eligible for regional offers and regional offers are not responsible for such offers unless otherwise stated. You are responsible for carefully checking the terms and conditions of each regional offer and each Alibaba Cloud offer before agreeing to participate, purchase or use any of the regional offers or Alibaba Cloud, as the terms of each offer may be different. You agree that you are bound by our decision to know whether a product, service, promotion, campaign, service level contract, warranty and/or other forms of offer constitute a regional offer and/or an Alibaba cloud offer and the corresponding terms. If you do not agree to the applicable terms and conditions, you will stop participating, using or buying the corresponding offers. This membership agreement to the Alibaba Cloud International website, including its country addendum and the Marketplace supplement (published from time to time on the Alibaba Cloud platform) (together, The „Agreement“) defines the terms of access and use of your member account („account“) with Alibaba Cloud`s international website, currently at the URL: www.alibabacloud.com (and Alibaba Cloud International Marketplace Platform, currently in www.alibabacloud.com/marketplace (the Alibaba Cloud Platform) and your use of Alibaba Cloud services (as defined below).