The court ruled that a clause prohibiting withdrawals on the condition that the balance is less than 100 yuan is invalid.

News from this site on January 4, according to a report from the Workers' Daily today, a certain platform is a content creation platform operated by a company in Tianjin. The platform calculates the final revenue based on the display volume of advertisements in articles and provides authors with profit sharing. In February 2018, Lin opened a self-media account on a certain platform and generated revenue of 281.9 yuan through operation. As of June 2019, Lin had withdrawn a total of 216.89 yuan. However, when Lin withdrew cash again, the website prompted "If the balance is greater than or equal to 100 yuan, you can apply for cash withdrawal", "Earnings payment period: before 10 o'clock on the 11th of each month", "Cash withdrawal application period: 10 o'clock to 15 on the 11th of each month" 24 o'clock every day" and other regulations.

The above regulations have prevented the withdrawal of the 65.01 yuan balance in Lin’s account. After trial, the court held that the clause involved in the case, "Only those with a balance of 100 yuan or more can apply for cash withdrawal" was a clause that was pre-written by a platform and publicly announced and applied repeatedly to many platform users. Users could not conduct different negotiations and it was a standard clause. .

"The above-mentioned withdrawal terms set by the platform involve using its dominant position as an Internet platform to abuse the principle of freedom of contract and unreasonably expand its own rights, causing some companies, including Lin, to have less influence and unstable income growth. Users cannot withdraw their own property within a foreseeable and relatively fixed period, which violates the principle of fairness." Finally,

the court determined that this clause was invalid.

Duan Liqiong, president of the Third Comprehensive Trial Division of the Guangzhou Internet Court, said that for the purpose of reducing network transaction costs and improving operational efficiency, Internet platforms usually By drafting format clauses in advance to establish platform management models and rules,

platform users are unable to conduct differentiated negotiations on the content of the agreement, and the freedom of contract and autonomy of will under the traditional individual negotiation paradigm face challenges.

Note on this site:

"Worker Daily" is a comprehensive newspaper sponsored by All-China Federation of Trade Unions. First published in Beijing on July 15, 1949, it is a national comprehensive central-level newspaper focusing on economic propaganda.

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