1.1 Welcome to the lazada.com.my website and/or the Lazada mobile app (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Lazada Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.lazada.com.my/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by Lazada Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Lazada Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and Ecart Services Malaysia Sdn. Bhd. (Company No.: 983365-K), a company incorporated in Malaysia and having its registered address at Unit No. 17-2, Level 17, Wisma UOA II, No. 21, Jalan Pinang, 50450 Kuala Lumpur (“Lazada”, “we”, “us” or “our”).

1.3 Lazada reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Lazada Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Lazada shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.6 Third Party Vendors: You acknowledge that parties other than Lazada (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Lazada or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilise paid services offered by Lazada to occupy certain product listings slots within your search results on the Platform. Such Product listing may be accompanied by a "megaphone" logo.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Lazada of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, Lazada does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 Lazada and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other Lazada Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other Lazada Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, Lazada reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Lazada Terms and Conditions. Upon any termination of these Terms of Use and/or other Lazada Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Lazada shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Lazada, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who purchases Goods on the Platform;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

“DCR” means DCR Marketing Sdn. Bhd. (Company No.: 718792-P), a company incorporated in Malaysia and having its registered address at C-3-33A & C-3-33, 3rd Floor, Blok Camilia, 10 Boulevard, Lebuhraya SPRINT, PJU6A, 47400 Petaling Jaya, Selangor Darul Ehsan, Malaysia;

"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Lazada” means Ecart Services Malaysia Sdn. Bhd. (Company No.: 983365-K), a company incorporated in Malaysia and having its registered address at Unit No. 17-2, Level 17, Wisma UOA II, No. 21, Jalan Pinang, 50450 Kuala Lumpur;

“Lazada Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the lazada.com.my website and/or the Lazada mobile app;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. Lazada may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by Lazada at the Platform;

“Third Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes Lazada; and

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “Lazada” in these Conditions refer to both Lazada’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Lazada or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Lazada and Lazada has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Lazada. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, Lazada is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Lazada nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Lazada in its website shall be subject to correction without any liability on the part of Lazada.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Lazada shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Lazada shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Lazada issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Lazada shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Lazada shall furthermore be entitled to require the Buyer to furnish Lazada with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Lazada and on terms that the Buyer shall indemnify Lazada in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Lazada as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Lazada in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Lazada shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Lazada, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that Lazada is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Lazada on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. Lazada accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards

Lazada accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Lazada account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Lazada, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.4 Instalment Payments via Credit Card

i. Only Buyers making payment for Goods by means of a credit card issued by Maybank or any other instalment payment partner banks which we may inform from time to time shall be entitled to participate in the six (6) months and twelve (12) months instalment payment plan, as provided below (“Entitled Buyer(s)”).

ii. Entitled Buyers making minimum purchases of RM500 shall be entitled to apply to make payment for the Goods by means of the six (6) months Easy Pay Instalment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 shall be entitled to apply to make payment for the Goods by means of the twelve (12) months Easy Pay Instalment Scheme, subject to a maximum purchase value of RM50,000.

iii. For purposes of this sub-Clause, the instalment payment plan set out in sub-Clauses 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Instalments”.

iv. When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Instalments, the transaction shall be handled by DCR. Each Entitled Buyer would receive a call from DCR for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Instalments upon verification and approval by DCR.

v. While an approval for a Credit Card Instalments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, DCR also shall retain absolute discretion in granting its approval to any credit card transaction.

vi. When entering into a credit card transaction for the purchase of Goods via Credit Card Instalments, DCR’s name shall be shown as the selling merchant in the Entitled Buyer’s credit card statement.

vii. When an Entitled Buyer makes an application to Lazada for the payment of Goods via Credit Card Instalments and upon approval of the application by DCR, as provided above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the instalment payable monthly, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the instalment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made monthly.

viii. Each Credit Card Instalments may be charged a processing fee prescribed by the relevant instalment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.

ix. If the Entitled Buyer decides to cancel his/her orders twenty-four (24) hours after the relevant order has been confirmed and prior to shipment, Lazada shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant instalment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.

x. In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.

xi. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Instalments, Lazada’s 14-days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Instalments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Instalments.

5.2.5 Cash on Delivery

Cash on Delivery (pay cash upon delivery) is available within the region of Klang Valley, Penang and Johor Bahru with a fee as may be prescribed by Lazada for each order. Lazada reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

5.3 Buyer may not claim against Seller or any of its agents (which may include Lazada), for any failure, disruption or error in connection with the Buyer’s chosen payment method. Lazada reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All refunds shall be made via the Lazada virtual payment account ("Lazada Payment Account"). Lazada offers no guarantee of any nature for the timeliness of the refunds reaching the Lazada Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Lazada. All refunds are conditional upon Lazada’s acceptance of a valid return of the Goods. Lazada reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to Lazada using the payment methods made available on the Platform only. Lazada shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Lazada has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Lazada shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Lazada, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Lazada fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Lazada of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Lazada's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Lazada shall be entitled at any time to demand the Buyer to deliver up the Goods to Lazada and in the event of non-compliance Lazada reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Lazada, Lazada may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

6. Delivery of Goods

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Lazada has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Lazada shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Lazada, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Lazada fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Lazada of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Lazada's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Lazada shall be entitled at any time to demand the Buyer to deliver up the Goods to Lazada and in the event of non-compliance Lazada reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Lazada, Lazada may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. Return, Refund and Replacement of Goods

7.1 All Goods sold on the Platform is covered under the Lazada 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with Lazada or Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.

7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Lazada or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Lazada or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Lazada or Seller within 48 hours of receiving the delivery to expedite the claim process.

7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

7.2.1 the Goods delivered to Buyer is defective and/or damaged on delivery;

7.2.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);

7.2.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

7.2.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;

7.2.5 Buyer has a change of mind with regard to the Goods; and

7.2.6 such other circumstances which may be prescribed by Lazada on the Platform.

7.4 Notwithstanding Clause 7.3 above, milk formula products are returnable except for "change of mind" request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.

7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Lazada on the Platform. Please see Help Center for further details.

7.7 Questions and complaints with regards to returns

7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Lazada using the “Contact Us” page on the Platform, as applicable.

7.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, Lazada reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk and property of the Goods

8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Lazada has tendered delivery of the Goods.

8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Lazada has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Lazada's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.5 The Buyer agrees with Lazada that the Buyer shall immediately notify Lazada of any matter from time to time affecting Lazada’s title to the Goods and the Buyer shall provide Lazada with any information relating to the Goods as Lazada may require from time to time.

8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Lazada shall be entitled at any time to demand the Buyer to deliver up the Goods to Lazada and in the event of non-compliance Lazada reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Lazada but if the Buyer does so all moneys owing by the Buyer to Lazada shall (without prejudice to any other right or remedy of Lazada) forthwith become due and payable.

8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.9 The Buyer shall indemnify Lazada against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Lazada's rights under this condition.

9 Termination

9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to Lazada through our Contact Us page at https://www.lazada.com.my/contact/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or Lazada acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, Lazada warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Lazada further gives to the Buyer such implied warranties as cannot be excluded by law.

10.3 Lazada’s above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Lazada.

10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

10.3.3 Lazada binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Lazada's opinion in that behalf. Lazada is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. Lazada does not give any warranty as to the quality state condition or fitness of the Goods.

10.3.4 Lazada shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Lazada, addition and insertion of parts, in particular of spare parts which do not come from Lazada.

10.3.5 Lazada shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Lazada's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Lazada's approval.

10.3.6 Lazada is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Lazada’s prior written approval and the Buyer shall indemnify Lazada against each loss liability and cost arising out of such claims.

10.3.7 Lazada shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.3.8 Lazada shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Lazada or Seller in exchange for a replacement or a refund in accordance with Lazada’s Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Lazada and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Lazada’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Lazada or Seller has accepted such request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Lazada may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When Lazada or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Lazada or Seller.

11 Liability

11.1 In no event shall Lazada be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Lazada had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Lazada’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .

11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against Lazada later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.7 Neither Lazada nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Lazada's or Seller’s reasonable control.

12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Lazada, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.10 No waiver by Lazada of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Lazada’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.13 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

12.14 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Lazada. Any such actions brought against Lazada for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.15 Notwithstanding Clause 12.8 above, Lazada shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.16 Lazada may, through the Platform or by such other method of notification as Lazada may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Lazada specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.18 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.19 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.20 Lazada reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Lazada deems appropriate.

Note: From 1 February 2020, BPoints can no longer be earner from Lazada

B Infinite reward programme and the B Points Terms and Conditions till 31 January 2020

The below Terms and conditions refers to the B Infinite reward Programme and the B Points awarded on Eligible Transactions on Lazada’s mobile app platform to customers entering his/her B Infinite membership number after making a purchase.

Eligible Transactions are where the correct B Infinite Member’s number is input and follows the following Terms and conditions:

1. From 1 December 2016, BPoints will not be awarded for purchases made with any vouchers including but not limited to bank promotions “vouchers” (with exceptions to store credit vouchers) unless specified in the voucher terms and conditions. The entire purchase where any voucher is used will not be considered for the awarding of BPoints.

2. The points will be credited to the Member’s BI (B Infinite) member account within forty-five (45) day from the last day of the Transaction month of the date of when successful order was carried out, subject to Lazada receiving all necessary information as deemed necessary.

3. BPoints will not be awarded for transactions as described below:

a. Purchases made via Lazada website.

b. Purchases made with bank discount promotion and/ or promotion vouchers, other than store credit vouchers unless stated otherwise.

c. Purchase of Digital goods on Lazada as well as of Lazada gift cards.

d. Shipping fees or Tax

4. For every RM 25.00 purchase on Lazada; One (1) BPoint is awarded

5. The table below represents the maximum amount of BPoints that will be awarded for all Eligible Transactions (as a whole) that occur during the stated calender month, on a First Come First Served basis. Any transactions which occur after the maximum amount of BPoints has already been awarded as detailed in the table below shall not be eligible for any BPoints award.

After March 31, 2020, the New Schedule will be updated at https://www.lazada.com.my/helpcenter/What-is-B-Infinite-and-how-do-I-use-it-on-Lazada.html?hybrid=1 

6. Lazada reserves the right to change these terms and conditions of B Infinite reward Programme at any time and without further notice.

1. General

1.1 These Lazada Gift Card Terms and Conditions (the “Gift Cards Terms”) apply to Lazada branded digital gift cards (the “Gift Card(s)”).

1.2 By purchasing or using Gift Cards, you ("you" or the "Customer") agree to be bound by these Gift Cards Terms, in addition to the Terms of Use for the lazada.com.my website and/or the LAZADA mobile app, which are incorporated by reference into these Gift Card Terms.

1.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of the Gift Cards Terms and the Terms of Use, to the extent such contradiction is pertaining to the use of Gift Cards, the provisions of these Gift Cards Terms shall prevail.

1.4 Where the Customer provides us with personal data pertaining to a third-party for fulfillment purposes of the Gift Card or otherwise, the Customer hereby confirms on behalf of said third-party that he/she has agreed to the sharing of his/her personal data with Lazada.

1.5 Customers should refer to the Product Details Page (as defined below) for specific terms and conditions and expiry dates.

2. Redeeming Gift Cards

2.1 Gift Cards cannot be used to purchase other Gift Cards, insurance products and any other product prohibited by law or Lazada.

2.2 If the value of an Order exceeds the value of the Gift Card, any outstanding Order balance must be paid using a different payment method.

2.3 If the value of an Order is less than the value of the Gift Card, the remaining Gift Card balance will be forfeited.

2.4 Unless otherwise stated in the Products Details Page, the Gift Cards shall remain valid for a period of six (6) months from the date of issuance.

2.5 Gift Cards may not be transferred for something of value.

2.6 Additional instructions on how to redeem a Gift Card are made available on the product details page of the relevant Gift Card, under lazada.com.my website (the “Product Details Page”).

3. Loss or Theft of Gift Cards

3.1 Once purchased, the Gifts Card is the responsibility of the Customer and any Gift Card, including accompanying digital or pin codes that are lost or stolen shall not be replaced.

4. Customer’s Obligations

4.1 The Customer acknowledges and agrees that:

4.1.1 Gift Cards can only be redeemed within the period specified on the Product Detail Page;

4.1.2 Gift Cards cannot be redeemed on certain black-out dates or promotion dates specified by Lazada;

4.1.3 The Customers shall not use Gift Card(s) or permit the use of Gift Card(s) in any manner which may adversely affect other Customers’ use of Gift Card(s) and/or any other Service provided to such Customers, as Lazada may reasonably determine;

4.1.4 Gift Cards are offered to the Customer on an “as is” basis;

4.1.5 The Customer is responsible for all information the Customer submits, transmits or otherwise make available during the purchase or redemption of any Gift Card;

4.1.6 To such extent permitted by applicable laws, Lazada expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Gift Cards;

4.1.7 To the fullest extent permitted by law, Lazada excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to.

5. Refunds, Exchange and Cancellations

5.1 All exchanges and refunds for merchandise purchased with Gift Cards will be made in accordance with Lazada refund policy. Unless the Gift Cards are otherwise unusable and faulty due to the act or omission of Lazada, any Gift Cards bought cannot be returned, refunded, or cancelled on the Customer’s request after purchase.

5.2 Issued Gift Cards cannot be exchanged for cash.

5.3 Replacement of the Gift Card may be allowed, at Lazada’s sole discretion, if there is a systemic failure caused by an act or omission of Lazada.

5.4 Exchange of a Product or Service purchased using a Gift Card shall be subject to the Seller’s terms and conditions.

5.5 Lazada reserves the right to cancel or reject the use of a Gift Card at its sole discretion for any or no reason, including, without limitation, where it deems or suspects fraud or other illegal activities.

6. Availability of Gift Cards

6.1 The Customer acknowledges that purchase or redemption of Gift Cards is subject to resource availability, including, without limitation, availability of lazada.com.my website and/or LAZADA mobile app.

6.2 Lazada does not make any warranty on the performance and capability of the lazada.com.my website or the LAZADA mobile app.

6.3 The Customer accepts and acknowledges that Lazada may suspend, terminate and/or discontinue the purchase or redemption of the Gift Cards in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.

7. Use and Disclosure of Data

7.1 The Customer agrees that Lazada shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Lazada’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by Lazada from time to time.

7.2 Order fulfilment in relation to Gift Cards may be handled by a partner, in which case Customers may receive direct communication of Gift Card pin codes from the partner.

8. Miscellaneous

8.1 The rights and protections conferred on Lazada under these Gift Cards Terms shall be additional to the rights and protections conferred on Lazada under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.

8.2 Any clause in the Gift Cards Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

8.3. Lazada reserves the right to alter, modify, add to or otherwise vary these Gift Cards Terms from time to time, and in such manner as Lazada deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Gift Cards after such amendment, the Customer shall be deemed to have accepted the amendments.

(Please note that this FAQ is a users guide and is to be read together with the LAZADA WALLET USER TERMS AND CONDITIONS below)

1. What is Lazada Wallet?

It is an electronic payment method exclusive to Lazada; a feature that stores money from your top-up and refunds which can then be used to pay for your next order with Lazada. Any Lazada registered customers can activate and use the offered feature.

Lazada Wallet is the recommended payment method as it has great benefits:

i) Convenient One-Click Payment: You will enjoy a smooth and hassle-free checkout as Lazada Wallet is not dependant on payment gateways and bank processing traffic. Lazada Wallet is a faster checkout as you would not need any TAC/MSOS code to complete the payment. So, if you are looking to secure a deal on Lazada, this would be your best option to complete you purchase in fast and easy way.

ii) Exclusive Cashback and Discounts: Enjoy vouchers, top up rebates and surprise rebates exclusive to Lazada Wallet. As this is the recommended payment method for Lazada, there will also be periodical games and competitions for a change to win Lazada Wallet rebates! This gives you more value, that can be used for your next purchase using this payment method.

iii) Faster and Easier Refund: For any order cancellation or approved return request, refunds using Lazada Wallet, Online Banking or 7eleven will be processed within 1 hour into your Lazada Wallet. Any refund amount in your Refund section of your Lazada Wallet is also easily withdrawn into a bank account of your choice.

Lazada Wallet is a secured payment method regulated by Bank Negara Malaysia.

 2. Is there any usage limit with Lazada Wallet?

Yes, and this limitation are based on transaction and available balance limits.

Please also take note that Lazada Wallet has a usage limits of RM4,999 monthly and RM59.999 annually. Once this limit is exceeded, you will see this error message: 

For this reason, you will only be able to top-up a value which is within the limitation of available balance allowed for Lazada Wallet which is RM2,999.

3. Can I withdraw my available balance from Lazada Wallet?

Lazada Wallet is similar to a prepaid service which mean amounts that are topped up into your Deposit is not withdrawable.

4. What is the Refund section in Lazada Wallet?

Any amount reflected under this section can be withdrawn into your preferred bank account. For any refunds (due to cancellation or approved returns) for orders paid using Online Banking or 7-Eleven, refunds will also be credited into the Refund section of your Wallet.

This is to ensure that you are refunded in the fastest time possible as any refunds to Lazada Wallet will be within 1 hour.

IMPORTANT NOTE:

• If you haven’t already activated your Lazada Wallet, you will be prompted to do so prior to being able to withdraw the amount in your Refund section.

• Once you have successfully submitted your banking information during the withdrawal process, bank processing time of 1-3 working days will be required prior to the amount being reflected in your bank account.

• Any amount in the Refund section which is not withdrawn within 8 months will be removed from Lazada Wallet’s available balance. After this point, you will need to reach out to Lazada Customer Services to request your refund. To avoid this hassle, we recommend that you use the amount in your Refund section for your next purchase or withdraw this amount in a timely manner.

5. What is the Rebate section in Lazada Wallet?

For rebates you received as a reward for top-up or as a promotional offer, this amount will be reflected in your Rebate section. This rebate amount will automatically be deducted first in your next Checkout payment.

Rebate received will have an expiry date which you will need to be aware of in your ‘Transaction History’ page.

6. What are other features available with Lazada Wallet?

a. Purchased coupon

If you have purchased coupons on Lazada Wallet, your coupons will be stored in this page. During redemption of coupon, you can easily access in this section. The section will also help you keep track of coupons that have yet to be redeemed (Available), coupons that you have redeemed (Used) and coupons that have expired (Invalid).

b. Mobile top-up

You can top-up your prepaid mobile number by simply selecting your telco provider and inserting your prepaid mobile number.

c. Utility payment

You can now conveniently pay your utilities from cable, electricity, telco and even water bill without any service charges. You can also pay your family’s or friends’ bills using this feature in your Lazada Wallet. Do note, however, cancellation or amendment are not allowed for bill payment that has been marked as ‘Paid’ - Learn more about it here.

d. Onederful Wallet

This feature is a game where you may purchase any items offered under Onederful Wallet page to be in the running to win the item. Find out more about Onederful Wallet here.

LAZADA WALLET USER TERMS AND CONDITIONS (last updated: 1 February 2021) 

Note: notwithstanding anything to the contrary in these Terms and Conditions, the terms and conditions regarding the new withdrawal feature shall take effect immediately from the posting date.

These Terms and Conditions govern your access and use of the Lazada virtual wallet ("Lazada Wallet").

A. The Lazada Wallet is operated by Alipay Malaysia Sdn. Bhd. (“Alipay”) for Ecart Services Malaysia Sdn. Bhd. (“Lazada”).

All references in these Terms and Conditions to "we," "us," or "our" shall refer to Alipay as the operator of the Lazada Wallet. “You” and “your” shall refer to the User.

The Lazada Wallet is associated with your Lazada Account and is intended for effecting payment for the purchase of goods and/or services offered on Lazada Platform (as defined below) or, subject to additional requirements, on the Taobao/Tmall Platform (as defined below) by registered Users.

By requesting and/or using the Lazada Wallet, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Lazada Wallet.

B. These Terms and Conditions are in addition to the terms and conditions governing your use of the Lazada Platform and your Lazada Account available at https://www.lazada.com.my/terms-of-use/ and where applicable the terms and conditions governing your use of the Taobao/Tmall Platform available at https://world.taobao.com/markets/all/sea/register or https://register.tmall.com/ . 

C. These Terms and Conditions are supplemented by Lazada’s Payment Protection Policy (“Payment Protection Policy”), which give all Lazada customers the assurance of authorized payments on the Lazada Wallet. The Payment Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the Lazada Wallet. The policy is available at https://www.lazada.com.my/terms-of-use/ . 

DEFINITIONS AND INTERPRETATION

Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:

“Alipay” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.

"Foreign Language Version" is defined under clause 13.9 of these Terms and Conditions.

"Indemnitees" means Alipay's and Lazada’s respective officers, employees, directors, agents, contractors and assigns.

"Lazada" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.

“Lazada Account” means the online account of the User on the Lazada Platform.

"Lazada Wallet" is defined in the recitals to these Terms and Conditions and unless expressly set out herein shall include references to the Upgraded Lazada Wallet.

“Lazada Wallet Balance” is defined in clause 3.1 of these Terms and Conditions.

“Upgraded Lazada Wallet” is defined in clause 3.4 of these Terms and Conditions.

"Lazada Platform” is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by sellers listed on Lazada Platform, or the Lazada group of companies.

“Payment Instrument” is defined in clause 3.3.

"Personal Data" is defined in Privacy Policy.

“Privacy Policy” is defined in clause 2.6.

"Promo Coupon" means, to the extent permitted by local law, a promotional coupon which is issued by Lazada to a User relating to Lazada Wallet, from time to time as a gratuity, by crediting the coupon amount into the User’s Lazada Wallet, and may be used by the relevant User to pay for goods or services on the Lazada Platform, prior to the relevant Promo Coupon’s expiry date, as determined at the sole discretion of Lazada and subject to conditions as may be imposed by Lazada from time to time. A Promo Coupon is not legal tender, is not considered electronic money and is not transferable.

"Refund Coupon" means a Lazada store credit, given by Lazada when refunding a User’s previous purchase of goods or services on the Lazada Platform or where applicable on the Taobao/Tmall Platform and subject to conditions as may be imposed by Lazada from time to time. A Refund Coupon is not legal tender, is not considered electronic money and is not transferable.

"Registration Information" is defined under clause 2.1 of these Terms and Conditions and may include Personal Data.

“Standard CDD Checks” is defined under clause 3.7.

“Taobao/Tmall Platform” means the overseas e-commerce website world.taobao.com and/or its mobile application (as applicable).

“Taobao/Tmall Operator” means the operator of the Taobao/Tmall Platform, namely Zhejiang Taobao Network Co., Ltd., and/or its affiliate which shall include its successors and assigns.

"User" means an authorized user of the Lazada Wallet.

1 ACCESS TO THE LAZADA WALLET

1.1 You agree to:

1.1.1 use your Lazada Wallet only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Lazada Wallet in good faith;

1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Lazada Wallet, as well as any amendments thereto issued by us from time to time; and

1.1.3 ensure that any information or data you provide to us in connection with the Lazada Wallet is accurate.

1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.

1.3 Use of the Lazada Wallet is restricted to registered users of the Lazada Platform.

1.4 By using the Lazada Wallet, you agree to comply with all applicable laws and regulations in Malaysia, including not undertaking or engaging in any dealing or transaction with the State of Israel, its residents or any entity owned or controlled, directly or indirectly, by the State of Israel or its residents including any authority or agency of the State of Israel.

2 REGISTRATION

2.1 The registration process for the Lazada Account requires you to provide Lazada with accurate and complete personal information, which may include your name, national registration identity card or passport number, address, telephone number, date of birth, email address, nationality and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that Lazada may share your Registration Information with us from time to time.

2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Lazada Wallet or suspend or close your Lazada Wallet.

2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including making any enquiries on behalf of Lazada to process any refunds, including Refund Coupons, payable to you.

2.4 You agree that you shall be allowed to register and maintain only one (1) Lazada Wallet.

2.5 You are solely responsible for keeping your username and password to your Lazada Wallet secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform Lazada immediately.

2.6 All Personal Data provided to us will be handled, stored, and processed according to our Privacy Policy for Lazada Wallet and is set out at https://pages.lazada.com.my/wow/i/my/MYCampaign/lazada-wallet-privacy-policy (“Privacy Policy”). By accepting these Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

3 LAZADA WALLET TYPE, BALANCE & FUNCTIONS

3.1 You may maintain funds in your Lazada Wallet, and such funds, less any monies owed to us, will be regarded as the balance of your Lazada Wallet ("Lazada Wallet Balance"). Your Lazada Wallet may also contain your Promo Coupon or your Refund Coupon. These Coupons are not considered electronic money and are not part of your Lazada Wallet Balance.

3.2 The following limits will apply to your Lazada Wallet (without Standard CDD Checks):

3.2.1 Lazada Wallet Limit: Ringgit Malaysia 2,999 (RM2,999);

3.2.2 Lazada Wallet Per Transaction Limit: Ringgit Malaysia 2,999 (RM2,999);

3.2.3 Lazada Wallet Monthly Cumulative Transaction Limit: Ringgit Malaysia 4,999 (RM4,999); and

3.2.4 Lazada Wallet Annual Cumulative Transaction Limit: Ringgit Malaysia 59,999 (RM59,999).

3.3 Funds can be accumulated in your Lazada Wallet Balance by means of a transfer of funds from certain payment instruments we accept (including credit cards, debit cards, banking account or other payment method we allow, collectively, "Payment Instruments").

3.4 You may choose to subscribe for an upgraded version Lazada Wallet (“Upgraded Lazada Wallet”).

3.5 The following limits will apply to your Upgraded Lazada Wallet:

3.5.1 Lazada Wallet Limit: Ringgit Malaysia 25,000 (RM25,000);

3.5.2 Lazada Wallet Per Transaction Limit: Ringgit Malaysia 9,999 (RM9,999);

3.5.3 Lazada Wallet Monthly Cumulative Transaction Limit: Ringgit Malaysia 200,000 (RM200,000); and

3.5.4 Lazada Wallet Annual Cumulative Transaction Limit: Ringgit Malaysia 500,000 (RM500,000).

3.6 You may be able to enjoy the following additional features with Upgraded Lazada Wallet when made available by us:

3.6.1 Making payment for the purchase of goods and/or services offered on the Lazada Platform and Taobao/Tmall Platform;

3.6.2 Maximum number of withdrawals is two times with a total maximum amount of RM1,000 limit in a calendar month. The amount withdrawn from your Upgraded Lazada Wallet can only be transferred to your own banking account.

3.7 Subscribing to the Upgraded Lazada Wallet is subject to Standard Customer Due Diligence Checks including e-KYC solution (“Standard CDD Checks”) for the purpose of establishing and verifying your identity as required by applicable laws, regulations, notices and guidelines. For such Standard CDD Checks, you will be required to provide information, including your full name, NRIC number / passport number / reference number of any other official documents, residential and mailing address, date of birth, nationality, occupation type, name of employer / nature of self-employment /nature of business, contact number (home, office or mobile), purpose of transaction, any other information as required by the customer due diligence measures implemented by us, or any other information as may be deemed necessary by us. We reserve the right to reject any request to enable Upgraded Lazada Wallet by a User at our absolute discretion without assigning any reasons whatsoever, and our decision in this regard will be final and conclusive.

3.8 For any transfer from a Payment Instrument to your Lazada Wallet Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.

3.9 Unless otherwise stated, both you and Lazada are not liable for any fees raised by third parties including card issuers or banks, associated with funding your Lazada Wallet Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.

3.10 We reserve the right to impose limits on your use of Lazada Wallet from time to time, including (i) the amount of value you may load your Lazada Wallet at any one time; and (ii) the aggregate funds loaded to your Lazada Wallet over any time period.

3.11 Details relating to the use of your Lazada Wallet including transactions made and balance remaining in your Lazada Wallet can be found on the Lazada Platform and where applicable the Taobao/Tmall Platform. 

4 USING YOUR LAZADA WALLET

4.1 You may use your Lazada Wallet to purchase goods and/or services through the Lazada Platform or where applicable, Taobao/Tmall Platform. For security reasons, we may limit the amount or number of transactions you can make through your Lazada Wallet. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.

4.2 Each time you use your Lazada Wallet, you authorize us to reduce the value available in your Lazada Wallet Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees, and all applicable taxes. For making payment on Lazada Platform, the amount of any purchases will first be applied to any Promo Coupons or Refund Coupons (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which are available in your Lazada Wallet. You can only make payments using your Lazada Wallet to the extent that you have Lazada Wallet Balance to support those transactions. You are not allowed to make purchases in excess of your Lazada Wallet Balance. We will not extend credit in connection with your use of your Lazada Wallet, and you must repay us immediately if your Lazada Wallet Balance is ever less than zero for whatever reason.

4.3 You are responsible for all transactions initiated and fees incurred by using your Lazada Wallet. If other persons access your Lazada Wallet, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use.

4.4 You must notify us immediately of any unauthorized use of Lazada Wallet or any other breach of security regarding the Lazada Wallet of which you have knowledge. You must report any such activities within ninety (90) days for any claims for unauthorized use of your Lazada Wallet to be valid for consideration under Payment Protection Policy.

4.5 You shall ensure that you download the Lazada Mobile Application from the authorized Apple App Store or Google Play and Taobao/Tmall mobile application from the authorized application store.

4.6 For access and usage of Lazada Wallet via the Lazada mobile application and/or Taobao/Tmall mobile application, you must ensure that you shall not install or use the mobile application on a jail-broken or rooted device. Unauthorised modifications to any mobile devices’ operating systems can cause security issues to the hacked devices. We shall not be liable for any losses suffered by you or for any costs that you might incur due to damage or corrupted or failure of device, hardware or software that you use in connection with the mobile application.

4.7 Notwithstanding anything to the contrary under Payment Protection Policy, you agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your Lazada Wallet under any of the following events, as determined at our sole and absolute discretion:

4.7.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;

4.7.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your Lazada Wallet log-in details to a third party;

4.7.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;

4.7.4 where any funds in your Lazada Wallet are subject to legal process or other encumbrance restricting transfer;

4.7.5 where any such transactions are took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or

4.7.6 where any terminal or system (including our or Lazada’s website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.

4.8 Subject to clauses 3.6, 3.7, 5 and 6.5, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your Lazada Wallet. For manual withdrawal, you can go to http://xform.lazada.com.my/form/show.do?envUserType=buyer

4.9 We shall have the right to refuse any transaction on your Lazada Wallet if:

4.9.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your Lazada Account; or

4.9.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.

4.9.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we or Lazada suspects any coupon abuse or fraud or any illegal activities in relation to your Lazada Wallet.

4.10 When using your Lazada Wallet to pay for a purchase on the Lazada Platform or where applicable the Taobao/Tmall Platform, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.

4.11 For each purchase transaction you make on the Lazada Platform or where applicable the Taobao/Tmall Platform, we will transfer funds from your Lazada Wallet when the first of any of the following events occurs:

4.11.1 we receive confirmation of a successful completion of the purchase from Lazada or where applicable Taobao/Tmall Operator;

4.11.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the Lazada Platform or where applicable the Taobao/Tmall Platform, in which case you will be deemed to have received the goods or services;

4.11.3 the conclusion of any settlement agreement or dispute between you and any other user of the Lazada Platform and/or Lazada and/or where applicable the Taobao/Tmall Platform, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or

4.11.4 Lazada or any of its affiliates, or us or any of our affiliates, or Taobao/Tmall Operator or any of its affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.

4.12 When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to us and/or Lazada and/or where applicable Taobao/Tmall Operator in such amounts as instructed by Lazada or Taobao/Tmall Operator.

4.13 If you experience any difficulties with your Lazada Wallet, please contact us at https://www.lazada.com.my/contact/ . If you have placed an order on the Lazada Platform and experience difficulties with your order, please contact customer service https://www.lazada.com.my/contact/ . If you have placed an order on the Taobao/Tmall Platform and experience difficulties with your order, please contact customer service https://world.taobao.com/helper .

4.14 You shall complete any purchases in accordance with the applicable terms and conditions of the Lazada Platform https://www.lazada.com.my/terms-of-use , which may be amended from time to time at Lazada’s discretion without notice, and/or where applicable, terms and conditions of the Taobao/Tmall Platform, which may be amended from time to time at Taobao/Tmall Operator’s discretion without notice.

4.15 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your Lazada Wallet. If your failure to do so results in any delay in any transaction on your Lazada Wallet, neither we nor Lazada shall be liable for any loss or damages arising from such delay.

4.16 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your Lazada Wallet should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your Lazada Wallet Balance.

5 REFUNDS

5.1 If, having purchased goods or services on the Lazada Platform or where applicable the Taobao/Tmall Platform, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that the refund will be processed (i) by issuing a Refund Coupon to your Lazada Wallet or crediting the refund back to your Lazada Wallet Balance in accordance with the refund process implemented by us; and (ii) where the purchase was made using a credit card by crediting the refund to the same credit card. In the case of (ii), if the refund cannot be credited back to the same credit card, the refund will be credited to your Lazada Wallet. We may require you to provide additional information prior to processing any refund.

5.2 You may be required to activate the Lazada Wallet in order for you to receive the refund to be credited to your Lazada Wallet.

5.3 A Refund Coupon is (i) not legal tender; (ii) not considered electronic money; (iii) not transferable; and (iv) subject to Lazada terms and conditions.

6 CLOSURE AND NON-USE OF YOUR LAZADA WALLET

6.1 You may request that we close your Lazada Wallet at any time by contacting our customer support team. Contact details of the customer support team are available at https://www.lazada.com.my/contact/ .

6.2 We may, at any time and at our absolute and sole discretion:

6.2.1 discontinue your use of the Lazada Wallet or any part thereof;

6.2.2 close your Lazada Wallet; and/or

6.2.3 reactivate your Lazada Wallet upon the completion of any relevant internal investigations (where applicable).

6.3 We shall endeavour to provide notice of any such discontinuation or closure of your Lazada Wallet. You agree that we shall not be liable to you in relation to any inability of yours to access your Lazada Wallet or any part thereof.

6.4 Closure of your Lazada Wallet will not cancel any cleared transactions, which you have already undertaken.

6.5 If your Lazada Wallet is closed for any reason, we will contact you to arrange for the refund of any residual electronic funds in that Lazada Wallet as set out in clause 6.6. In no event shall you be entitled to any refund in respect of any Lazada Wallet Balance attributable to Promo Coupons.

6.6 You remain liable for all obligations related to your Lazada Wallet. Closure of your Lazada Wallet does not relieve you of any liability pertaining to your Lazada Wallet. In the event of a pending investigation at the time your Lazada Wallet is closed, we may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect us against any loss. If we suspect that you have used your Lazada Wallet for any illegal purposes, we may hold any outstanding Lazada Wallet Balance for such time as we determine in our absolute discretion or as required by law.

6.7 We will refund any electronic funds in your Lazada Wallet as soon as practicable after its closure through any payment method we deem in our discretion most suitable, on the condition that you provide us with:

6.7.1 valid bank account details where the name and address details of that bank account's holder match the name and address details of your Lazada Wallet; and

6.7.2 request for additional information and/or documentation where we deem necessary and in accordance with any regulatory or legal requirement.

6.8 We have the right not to return to you any disputed funds or any funds which relate to a breach of these Terms and Conditions until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.

6.9 We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after your Lazada Wallet has closed or before any refunds are processed.

7 AMENDMENTS

We may amend these Terms and Conditions any time by posting an updated version at https://www.lazada.com.my/terms-of-use/. The updated version of these Terms and Conditions shall take effect 21 days from the posting date. Each time you use your Lazada Wallet you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time.

8 AVAILABILITY OF LAZADA WALLET

We may, from time to time and upon giving at least 21 days’ notice to you, upgrade, modify, suspend or discontinue the provision of your Lazada Wallet and in such an event we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your Lazada Wallet or any part of it. Notwithstanding the above, we reserve the right to suspend or discontinue the provision of the Lazada Wallet without any prior notice in the event of suspected fraud or AML breaches or for scheduled system maintenance.

9 REPRESENTATIONS AND WARRANTIES

By accepting these Terms and Conditions, you represent and warrant that you are at least 18 years of age and not violating any applicable laws or regulations through your use of your Lazada Wallet, and you agree to defend, indemnify and hold us, our Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty. We may report any suspicious activity to the relevant authorities.

10 RESTRICTED ACTIVITIES

10.1 In connection with your use of your Lazada Wallet, you shall not:

10.1.1 Provide false, inaccurate or misleading information;

10.1.2 Use your Lazada Wallet for any illegal activities;

10.1.3 Use your Lazada Wallet in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules; or

10.1.4 Breach these Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.

10.2 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:

10.2.1 We may suspend or restrict your access to and/or close your Lazada Wallet;

10.2.2 We may terminate these Terms and Conditions and refuse to provide the services to you;

10.2.3 We may place a hold on your Lazada Wallet Balance for up to 180 days if reasonably needed to protect against the risk of liability; or

10.2.4 We may take legal action against you.

10.3 If you are below 18 years old you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Lazada Wallet; (ii) any charges associated with your use of any of the Lazada Wallet; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Lazada Wallet.

11 DISCLAIMER

11.1 You agree that all risks arising from your use of the Lazada Wallet will be borne by you.

11.2 We make no warranty that:

11.2.1 the Lazada Wallet will meet your requirements;

11.2.2 the Lazada Wallet services will be uninterrupted, timely or error free; or

11.2.3 any products, information or material purchased by you using the Lazada Wallet will meet your requirements.

11.3 Except as expressly provided in these Terms and Conditions and to the fullest extent permitted by law, the Lazada Wallet and related services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.

11.4 To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the Lazada Wallet and related services. In any event, our total aggregate liability to you under these Terms and Conditions or in relation to your use of the Lazada Wallet will not exceed your Lazada Wallet Balance at the point in time when such liability arose.

11.5 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.

11.6 In the event that it is demonstrated that you are below the age of 18 when you agreed to these Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the Lazada Wallet.

12 NOTICES

12.1 Notices from us

12.1.1 You agree that all notices or other communications from us are deemed to have been given to you if:

(i) communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or

(ii) sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.

12.2 Notices from you

You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

12.3 Other modes of notifications

12.3.1 Notwithstanding Clauses 12.1 and 12.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

13 GENERAL TERMS

13.1 Cumulative rights and remedies

Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.

13.2 No waiver

Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.

13.3 Severability

If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.

13.4 Rights of third parties

A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.

13.5 Governing law

Use of the Lazada Wallet, and these Terms and Conditions shall be governed by and construed in accordance with Malaysian law and you hereby submit to the exclusive jurisdiction of the Malaysian courts.

13.6 Disputes

13.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your Lazada Wallet (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

13.6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.

13.7 Injunctive relief

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.

13.8 Correction of errors

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

13.9 Language

In the event that these Terms and Conditions is executed or translated in any language other than English ("Foreign Language Version"), to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.

13.10 Entire agreement

These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

13.11 Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the Lazada Wallet, if any) maintained by us and/or our service providers relating to or in connection with the Lazada Wallet shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

13.12 Sub-contracting and delegation

We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with Lazada Wallet to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.

13.13 Assignment

You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.

13.14 Force Majeure

We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of Lazada Wallet if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

14 INQUIRIES OR COMPLAINTS

14.1 For further information, enquiries or complaint on the service, you may contact us at https://www.lazada.com.my/contact/ 

14.2 If the reply to your query or complaint is not satisfactory to you, you may contact the following bodies:

Bank Negara Malaysia

Laman Informasi Nasihat dan Khidmat (LINK)

Ground Floor, D Block

Jalan Dato' Onn

50480 Kuala Lumpur

Contact Centre (BNMTELELINK)

Tel : 1-300-88-5465

(Overseas: 603-2174-1717)

Fax: 603-2174-1515

Email: bnmtelelink@bnm.gov.my

Ombudsman for Financial Services (664393P)

(formerly known as Financial Mediation Bureau)

14th Floor, Main Block

Menara Takaful Malaysia

No. 4, Jalan Sultan Sulaiman

50000 Kuala Lumpur

Tel : 603-2272 2811

Fax: 603-2272 1577

Email : enquiry@ofs.org.my

Terms and Conditions of Offline to Online (“O2O”) Arrangement

1. Interpretation

1.1 In these Conditions:

"Buyer" or “Customer” means the person who purchases Goods using an O2O arrangement as detailed in Clause 2.1 herein;

"Conditions" mean these Terms and Conditions of Offline to Online (“O2O”) Arrangement;

"Contract" means the contract formed when Seller accepted the order placed by Buyer for the purchase of Goods and/or services sold by Seller under an O2O Arrangement;

“Goods” means the goods made available for sale by Seller via the O2O Arrangement;

“Lazada” means Ecart Services Malaysia Sdn. Bhd. (Company No.: 983365-K), a company incorporated in Malaysia and having its registered address at Unit No. 17-2, Level 17, Wisma UOA II, No. 21, Jalan Pinang, 50450 Kuala Lumpur;

“Lazada Terms and Conditions” means these Conditions and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the azada.com.my website and/or the Lazada mobile app;

“Seller” means a third party seller which sells Goods and/or services to Buyer under an O2O Arrangement;

“Services” means the use of any services, information and functions made available by Lazada at the Platform;

“Writing” includes electronic mail, facsimile transmission and any comparable means of communication.

1.2 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

.

2. Basis of the Contract

2.1 O2O arrangement: The O2O arrangement enables Customers to visit any of the participating physical stores managed by a Seller, scan a QR code, make a purchase and pay for the purchase using Lazada mobile app and Lazada electronic wallet (“e-wallet”) operated by Alipay Malaysia Sdn. Bhd. (“Lazada Wallet”). Customers will then collect the Goods and/or consume services from the Sellers at the participating physical stores.

2.2 The sales and purchase contract (“Contract”) is entered into directly between the Buyer and Seller. Lazada is not a party to any Contract between the Buyer and Seller, and accepts no obligations in connection with any such Contract.

2.3 Seller shall be fully responsible for Goods and/or services offered and/or sold to Customers and related enquiries, complaints and liability. Lazada shall not be liable to Customers for any claim that Goods and/or service is not collected or delivered, or is otherwise defective, unsatisfactory, or does not meet legal or other requirements.

.

3. Orders

3.1 All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract. The Buyer shall be responsible for ensuring the accuracy of the price entered on the Platform.

.

4. Price and Payment

4.1 The price of the Goods and/or services to be charged by Seller shall be the price stated in the physical store at the time which the Buyer completes the payment process on the Platform. Buyer shall ensure that the right price (including all applicable consumption tax e.g. Sales and Services Tax) is keyed onto the Platform.

4.2 Under an O2O Arrangement, a Buyer shall make payment for the Goods and/or services using Lazada Wallet on the Platform upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Lazada, as Seller’s agent. Buyer acknowledges that Lazada is entitled to collect payments from Buyer on behalf of Seller.

4.3 The terms and conditions applicable to payment via Lazada Wallet, as prescribed by Lazada on the Platform, shall be applicable.

.

5. Delivery

5.1 Delivery of the Goods and/or services shall be made by the Seller to the Buyer.

5.2 Seller shall be fully responsible for the Goods and/or services offered and/or sold to Customers and related enquiries, complaints and liabilities, including in relation to delivery of Goods and/or services.

.

6. Return, Refund and Replacement of Goods and/or Services

6.1 Seller shall deal directly with, and be responsible to, Customers on matters relating to return, refund, replacement and cancellation of Goods and/or services. The return and/or exchange of any damaged or defective Goods and/or services (where applicable) shall be managed according to the Seller’s store policy in force from time to time.

6.2 Except as stated in clauses 6.3 and 7.1, Lazada will not be required to process any refund to Customers, and such refund requirements shall be settled between Seller and Customers;

6.3 If a Customer had made excess payment via Lazada Wallet and notifies Lazada within two (2) days of such payment, Lazada shall process the refund of excess payment to such Customer. In the event of shortfall in payment, Customer shall make another payment via Lazada Wallet to pay for the shortfall.

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7. E-coupon

7.1 A Seller may offer e-coupon (also known as e-discount coupon) for sale via its online store at Lazada platform; such e-coupon may be used by Customers in conjunction with a purchase via O2O arrangement, to reduce the selling price of the Goods and/or services. Customers may get a refund for the purchase of such e-coupon if such purchase is cancelled before the e-coupon is redeemed and/or expired. The expiry date of such e-coupon is set by Lazada and Seller, and shall not be disputed by Customers.

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8. Risk and property of the Goods and/or services

8.1 Risk of damage to or loss of the Goods and/or services shall pass to the Buyer at the time of delivery.

8.2 Notwithstanding delivery and the passing of risk in the Goods any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Lazada has received payment in full.

8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Lazada’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

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9. Warranties and Liabilities

9.1 Subject as expressly provided in these Conditions, all other warranties, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

9.2 Lazada is not liable for any loss, damage or liability of any kind suffered by Buyer or any third party directly or indirectly caused by the Goods and/or services, and the Buyer shall indemnify Lazada against each loss, liability and cost arising out of such claims.

9.3 In no event shall Lazada be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Lazada had been advised by the Buyer of the possibility of incurring the same.

10. General

10.1 Neither Lazada nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Lazada’s or Seller’s reasonable control.

10.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Lazada, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the Customer account information with Lazada.

10.3 No waiver by Lazada of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Lazada’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

10.4 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

10.5 The Conditions shall be governed by the laws of Malaysia.

10.6 Buyer must exhaust all legal avenues against Seller should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Lazada. Any such actions brought against Lazada for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties. Notwithstanding the above, Lazada shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

10.7 Lazada may, through the Platform or by such other method of notification as Lazada may designate, vary the terms and conditions of these Conditions, such variation to take effect on the date Lazada specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Conditions.

10.8 These Conditions, and Lazada Terms and Conditions, shall constitute the entire agreement between Buyer and Lazada relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

10.9 Lazada reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Lazada deems appropriate.

PRODUCT DISCLOSURE SHEET

(Kindly read this Product Disclosure Sheet before you decide to sign up for Lazada Wallet. Please make sure you also read the Terms and Conditions of Lazada Wallet before you take up the product as the Terms and Conditions will be binding.)

The information provided in this disclosure sheet is valid as of 1 February 2021.

1. What is this product about?

Lazada Wallet (“the Wallet”) is a network-based e-money instrument that is accessible via the Lazada Malaysia e-commerce platform and; or Tmall/Taobao Malaysia e-commerce platform for payment of purchases. Lazada Wallet contains monetary value stored electronically in exchange of funds paid by Lazada Wallet user (“you” or “user”) to Lazada Wallet issuer (“Alipay Malaysia Sdn. Bhd.“). Lazada Wallet value will be deducted from the Wallet balance whenever purchases are made. Lazada Wallet user must ensure that the Wallet is pre-loaded before making purchases and/or other transactions. There are two types of Lazada Wallet,

i) Lazada Wallet

Allow payments for the purchase of goods and/or services offered on Lazada Malaysia e-commerce platform.

ii) Upgraded Lazada Wallet

Allow payments for the purchase of goods and/or services offered on Lazada Malaysia e-commerce platform and/or all payments for the purchase of goods and/or services offered on the Taobao/Tmall e-commerce platform.

Allows withdrawal of your Lazada Wallet balance into your own banking account.

2. What are the fees and charges I have to pay?

There are currently no fees and charges imposed to use Lazada Wallet and refund of balance for closure or termination of wallet.

3. What are the key terms of this product?

The Lazada Wallet is associated with your Lazada Account and is intended for effecting payment for the purchase of goods and/or services offered on Lazada Platform or, subject to completion of Standard Customer Due Diligence (CDD), on the Taobao/Tmall e-commerce platform by registered Users and withdrawal of Wallet balance into your own banking account.

Lazada Wallet type, balance and functions:

• Once you download the app and register an account, you will be entitled to a Lazada Wallet.

• By completing Standard CDD checks, you will be entitled to an Upgraded Lazada Wallet.

• Standard CDD Checks requires you to provide information, including your full name, NRIC number / passport number / reference number of any other official documents, residential and mailing address, date of birth, nationality, occupation type, name of employer / nature of self-employment /nature of business, contact number (home, office or mobile), purpose of transaction, any other information as required by the customer due diligence measures implemented by us, or any other information as may be deemed necessary by us.

• Your Lazada Wallet may also contain Refund coupons or Promo coupons. Both Refund coupons and Promo coupons are not legal tender, not considered as e-money not transferrable and are subjected to the Lazada Terms & Conditions.

• Withdrawal of Lazada Wallet balance is allowed upon the completion of Standard CDD checks, i.e. only applicable to customers with upgraded Lazada wallet. Maximum number of withdrawals is two with a total maximum amount of RM1,000 in a calendar month. The balance withdrawn from your Upgraded Lazada Wallet can only be transferred to your own banking account. Please refer to the screenshots below if you wish to perform wallet withdrawal.

• If you have any question or request on Lazada Wallet and its usage, you may contact our Customer Care team at https://www.lazada.com.my/contact/ 

• For manual wallet withdrawal, you may go to http://xform.lazada.com.my/form/show.do?envUserType=buyer 

4. What are the major risks?

• To avoid your username and password from being exposed and compromised, please ensure that you keep your account name, password and device used for access to your Lazada Wallet secure at all times and change your password on a regular basis.

• You must not disclose your password, PIN or OTP to any third party at all times.

• You must not allow your Lazada Wallet be used or operated by any third party at all times, or use a jailbroken mobile device.

• We will not be held liable for any loss (both financial or non-financial) suffered by you due to your negligent.

• For any unauthorised access to or usage of your Lazada Wallet, please do the following:

(i) Contact our Customer Care immediately to block your Lazada Wallet. You may refer to our contact details provided at https://www.lazada.com.my/contact/

(ii) Update your password immediately.

5. What do I need to do if there are changes to my contact details?  

It is important that you inform us of any changes in your contact details to ensure that all correspondences reach you in a timely manner.

You may update your contact details by logging into your account, choose Account Information Panel and update your information (example phone number, email, address)

6. Where can I get further information?

If you have any inquiry, please refer to our Customer Care, Lazada Malaysia

Lazada Help Centre

https://www.lazada.com.my/helpcentre/

Contact by live chat (24 hours with live agents)

http://www.lazada.com.my/help/chat

4. Other e-money products available?

Nil

NOTE: The information provided in this Product Disclosure Sheet is issued as at January 2021 and will be valid until the next periodical review.

Alipay Malaysia Sdn. Bhd. Treat Customers Fairly Charter for Lazada Wallet

Our board and senior management are committed to deliver good financial consumer outcomes to our Lazada Wallet customers. We believe in building long-term and mutually beneficial relationships with our customers. This Charter specifies our commitment to provide the highest standards of fairness in all our dealings with our customers.

To protect the interests and financial well-being of our customers:

1. We commit to embed fair dealing into our institution’s corporate culture and core values

(a) We will set minimum standards on fair business practices in all dealings with our customers. This includes providing good wallet and payment services while preserving the confidentiality of our customers’ information;

(b) We will train all staff attending to customers to provide quality advice and recommendation;

(c) We will take customers’ feedback seriously and provide immediate constructive feedback to our staff.

2. We commit to ensure that customers are provided with fair terms

(a) We will ensure that the terms in our terms and conditions for Lazada Wallet are fair, transparent, and well communicated to customers;

(b) We will ensure that terms and conditions for Lazada Wallet set out the respective rights, liabilities and obligations clearly and as far as possible in plain language;

(c) We will ensure that the terms and conditions for Lazada Wallet will be altered with prior notification to customers where any changes will only take effect 21 days from the posting date.

3. We commit to ensure that customers are provided with clear, relevant and timely information on financial services and products

(a) We will provide customers with relevant and timely information in our product disclosure;

(b) We will disclose key product features, fees and charges, risks and benefits in a clear and concise manner;

(c) We will ensure critical terms are brought to customers’ attention and explained to them clearly.

4. We commit to ensure that our staff, representatives and agents exercise due care, skill and diligence when dealing with customers

(a) We will conduct sales, advertising and marketing of our Lazada Wallet with integrity and will not make false or exaggerated claims;

(b) We will clearly disclose actual or avoid potential conflicts of interest;

(c) We will ensure staff remuneration takes into consideration whether key performance indicators relating to fair treatment of customers have been achieved, if any.

Bills Payments Terms and Conditions

1. The following Terms and Conditions apply to the availment of the bills payment services (including mobile top-ups and bill payments for prepaid and postpaid services) provided and managed by third party aggregators, utility or phone companies and/or billers ("Third Party Biller"), and made available on Lazada’s websites, mobile applications and in-application stores ("Bills Payment Services"). By availing of the Bills Payment Services, a customer/user ("Customer") agrees unconditionally and irrevocably to be bound by, and shall be deemed to accept, these Terms and Conditions in addition to the Lazada Terms of Use and the Lazada Terms and Conditions of Sale (where applicable).

2. The Customer acknowledges that the Bills Payment Services are provided and managed by Third Party Billers. Accordingly, the bill payment transactions and agreements are entered directly between the Customer and Third Party Billers.

3. Bills payments will be made by the Third Party Billers according to the information provided by the Customer. The Customer shall be responsible for any errors in any information given, such as but not limited to bill details, account name, and amounts. The Customer shall check carefully before payment, as the transactions are non-cancellable and non-refundable once payments are made.

4. The Customer should note that in very exceptional situations, there could be cases of failed payments due to technical glitch, and therefore the Customer should pro-actively check payment status; in cases of failed payments, the Customer should take steps to make the relevant payments promptly again to avoid late payment charges imposed by Third Party Billers.

5. The Customer agrees that he/she will not be furnished with printed receipts from the Third Party Billers. Transaction reference numbers, however, will be provided.

6. Lazada reserves the right to cancel, reject the order and/or recover monies paid to Third Party Billers (where applicable) if the Customer failed to comply with these Bills Payment Terms and Conditions, the Lazada Terms of Use, and the Lazada Terms and Conditions of Sale (where applicable), or if Lazada determines in its sole discretion that the order was made under suspicious circumstances, with fraudulent intent, or in relation to any illegal activity.

7. If any excess monies have been paid to the Third Party Billers by Lazada or its payment service provider (compared to what was paid by Customer), Lazada reserves the right to recover from the Customer such amounts.

8. These Terms and Conditions, the Bills Payment Services, as well as associated fees, charges and requirements (if any), may be subject to change without further notice.

9. By availing of the Bills Payment Services and providing their personal information, the Customer consents to the transmission, transfer or processing of said information as may be deemed necessary or appropriate to perform the bills payment services referenced herein. The Customer likewise acknowledges and agrees to Lazada’s Privacy Policy as applicable from time to time.

1. Acceptance of Terms and Conditions

1.1. The following Platform Engagement Tools Terms & Conditions (the “Platform Terms”) govern the use of the platform engagement tools and other related services (collectively, the “Tools” and, each a “Tool”) provided by Ecart Services Malaysia Sdn. Bhd. (“Lazada”) on Lazada’s websites and/or mobile applications (the “Platform”).

1.2. By using any of the Tools, you are agreeing to be bound by these Platform Terms as a User (as defined below). These Platform Terms are in addition to the Terms of Use and the Terms & Conditions of Sale, Lazada Wallet Terms, which shall continue to govern your use of the Platform and which are hereby incorporated by reference into these Platform Terms. Unless otherwise defined, the definitions and provisions in respect of interpretation in the Terms of Use will apply to these Platform Terms.

1.3. The use of the Tools may be subject to additional terms (“Additional Terms”) that Lazada may prescribe from time to time. In relation to any Tool, the Additional Terms that govern the use of such Tool shall be made accessible via such Tool. If you do not agree to any of the Additional Terms, you should discontinue your use of the Tools that are subject to those Additional Terms.

1.4. In the case of any inconsistency or conflict between any documents referred to in these Platform Terms that is not expressly resolved in those documents, such inconsistency or conflict will be resolved in the following order of descending priority: the relevant Additional Terms, the Platform Terms, the Terms of Use and the Terms & Conditions of Sale.

2. Tools Conditions

2.1. The Tools are offered solely for the purpose of a User’s personal entertainment and benefit. The use of the Tools for business or commercial purposes is strictly prohibited.

2.2. Lazada may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue the provision of, or remove any of the Tools, and Lazada shall not be liable if any such upgrade, modification, suspension, discontinuation or removal affects your use of the Platform or prevents you from accessing any of the Tools.

2.3. A “User” means a Customer who has installed the Lazada mobile app and registered for a customer account on the Platform. The use of certain Tools may be subject to additional terms of eligibility, which shall be prescribed by Lazada in its sole discretion; such additional terms of eligibility would be set out in the relevant Additional Terms.

2.4. Users shall be prohibited from running the Tools (including all individual mobile application page interfaces) with programs other than the relevant Lazada client program provided by Lazada. Examples of prohibited programs include, without limitation, automated bots and other tools meant to replace or supplement the relevant Lazada client program provided by Lazada, as well as scripts and completely or partially automated programs that provide any User with any advantage over other Users by enabling, for example, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for using the Tools.

2.5. Users are, under no circumstances, permitted to do any of the following:

(i) create, exploit or use bugs, cheats, mods and/or hacks, or any other third party software products that may change the result, function or gameplay of the Tools;

(ii) use software that allows the mining or scraping of data or otherwise intercepts or collects information in connection with the Tools;

(iii) use any rewards (including, without limitation, virtual items such as LazCoins, LazGems, deal, platform or brands vouchers) acquired via the Tools for any purpose other than the purchase of Products on the Platform; and

(iv) sell, buy or trade customer accounts on the Platform,

and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.

3. Warranties and Liability

3.1. Lazada offers the Tools within the context of its technical and operational capabilities.

3.2. Unless expressly set out in these Platform Terms or the relevant Additional Terms, to the fullest extent permitted by law, neither Lazada nor any of its service providers or affiliates makes any warranty (whether express or implied), representation or undertaking about the Tools (including, without limitation, their accuracy, availability and reliability), any software or hardware used with the Tools, any application or feature accessed by a User using the Tools, or the reliability or quality of the underlying telecommunications network accessed by such User using the Tools.

3.3. The Tools are provided on an ‘as is’ and ‘as available’ basis, and their availability is subject to the availability, functionality and reliability of resources used to provide the Tools (including, without limitation, the Platform, Lazada’s systems and the relevant third party tools), downtime and lack of availability (whether for technical reasons, required maintenance work, or otherwise), as well as events, circumstances or causes beyond Lazada's reasonable control.

3.4. To the fullest extent permitted by law, Lazada shall not be responsible to any User for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or relating to such User's use of, or inability to use, the Tools (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Platform Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Tools, and (iii) any loss of data or damage to any software or hardware used by such User to access the Tools.

3.5. In the event that any Liabilities are not excluded under clause 3.4 of these Platform Terms, to the fullest extent permitted by law, Lazada’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be limited to RM150.

4. Content Restrictions

4.1. The Tools include various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of Lazada or third parties. Unless explicitly permitted by these Platform Terms, or otherwise agreed in writing by Lazada, no User or any third party may edit, copy, distribute, publicly reproduce or use any Tool for any purpose other than the purpose set out in clause 2.1 of these Platform Terms. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and any other information provided or developed by Lazada, and any such services available for download.

4.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of the Platform, the Tools or any individual services or functions on the Platform. Users are also required to abstain from any measure which may allow unauthorised access to data.

5. User’s Obligations

5.1. Each User acknowledges and agrees:

(i) to comply with all applicable laws and regulations when using the Tools;

(ii) to comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines, as well as third party terms of sharing channels that a User may use to invite others to use the Tools) that apply to the use of the Tools used by such User;

(iii) to be responsible for all information that is communicated, submitted or transmitted, whether to Lazada or third parties, from such User's account or device in the course of such User’s use of the Tools;

(iv) not to use the Tools or permit the use of the Tools in any manner which may adversely affect other Customers' or Users’ use of the Tools or the goodwill or reputation of Lazada or the Lazada group of companies; and

(v) to be responsible for complying with these Platform Terms.

5.2. Where Lazada, in its sole discretion, discovers or suspects that a User has breached any of these Platform Terms or the relevant Additional Terms, Lazada may take all such steps and remedies as it deems appropriate. Such steps include, without limitation:

(i) to investigate such User's account;

(ii) to prevent, restrict or suspend the access of such User to the Tools (or any part thereof) or the Platform;

(iii) to report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities;

(iv) to forfeit any rewards which a User may have received due to the User’s use of the Tools; and

(v) to cancel any Orders placed during a User’s use of the Tools.

6. Data Collected by Lazada

6.1. Lazada may collect information from the Users in the course of their use of the Tools. Such information may include personal information such as photographs, names and usernames that a User may upload, provide or use.

6.2. Any personal information that Lazada collects may be used by it, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for any or all of the following purposes:

(i) to display on scoreboards on the Platform (as defined in the Terms of Use) in relation to the Tools;

(ii) to facilitate the administration of the Tools and any rewards associated with the Tools; and

(iii) to otherwise facilitate the use of the Tools.

6.3. For the avoidance of doubt, the Privacy Policy (and the notification of the purposes of data collection therein) as referred to in the Terms of Use shall apply to all personal information referred to under these Platform Terms.

7. Miscellaneous

7.1. If at any time any provision of these Platform Terms or any Additional Terms shall be held to be illegal, invalid, or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of Lazada. To the extent it is not possible to delete or modify the provision, in whole or in part, under this clause, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Platform Terms or the relevant Additional Terms, as the case may be, and the legality, validity and enforceability of the remainder of these Platform Terms or the Additional Terms (as the case may be) shall, subject to any deletion or modification made under this clause, not be affected.

7.2. Lazada reserves the sole right to alter, modify, add to or otherwise vary these Platform Terms at any time and from time to time, and in such manner as Lazada deems appropriate at its absolute discretion. In the event of variation of these Platform Terms, if you continue to use the Tools thereafter, you shall be bound by the Platform Terms as so amended and shall be deemed to have accepted the Platform Terms as so amended.

7.3. The laws of Malaysia shall apply to and govern these Platform Terms. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the SIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

1. Definitions and interpretation

1.1 In these LazMall Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:

"Counterfeit", in relation to the Seller’s Goods (as defined in the Terms of Use), shall mean any goods (including packaging) bearing without authorization a trade mark which is identical with or so nearly resembles the trade mark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trade mark, and which infringes the rights of the proprietor of the trade mark under the Malaysian Trade Marks Act 1976.

“Guaranteed Delivery Badge” means the icon applied to the Product Details Page of selected LazMall Goods to indicate that the LazMall Guarantee is available for this LazMall Good. The Guaranteed Delivery Badge is represented by the following icons:

and

 “Fast Refund” shall mean a refund of a returned item to you, initiated at the point when you deliver the returned item back to Lazada.

(a) Lazada reserves the right to decide in its sole and absolute discretion, on a per item basis, if Fast Refunds will be available or not.

(b) Factors that determine Fast Refund availability, include but not limited to: 

 · Item price and type
· Payment type
· Purchase and refund history

(c) Lazada reserves the right to change the factors that determine Fast Refund availability in its sole and absolute discretion from time to time.

"LazMall Channel" means the sales channel operated by Lazada for the purposes of the LazMall Programme.

"LazMall Goods" means goods purchased from a Seller (as defined in the Terms of Use), on the LazMall Channel through the Platform (as defined in the Terms of Use).

"LazMall Terms" means these terms and conditions, as amended by Lazada in its sole and absolute discretion from time to time.

"Terms of Use" means the terms and conditions governing the Customer's use of the lazada.com.my website and/or the LAZADA mobile app and which are set out at lazada.com.my.

"Order Detail Page" means the page where a user can review information regarding its Order for the relevant goods available on the Platform.

“Delivery Detail Page” means the page where a user can review delivery information regarding its Order for the relevant goods purchased from the Platform.

"Product Details Page" means the product details page of the relevant goods available on the Platform.

"Terms of Use" means the terms and conditions governing your use of the Platform and which are set out at https://www.lazada.com.my/terms-of-use/.

2. Service Terms

2.1 These LazMall Terms shall apply to your purchase of LazMall Goods. Such LazMall Goods can be identified from the "LazMall" badge on the Seller's listing of the goods.

2.2 By purchasing LazMall Goods, you agree to be bound by these LazMall Terms, as amended from time to time, in addition to the Terms of Use for the Platform, which are incorporated by reference into these LazMall Terms.

2.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.

2.4 In the event of a conflict between the provisions of these LazMall Terms and the Terms of Use, the provisions of the LazMall Terms shall prevail.

3. Representation and warranty

3.1 Lazada represents and warrants that the LazMall Goods are not Counterfeit.

3.2 Save as provided in Clause 3.1 and in the Terms of Use, Lazada expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind.

3.3 Notwithstanding anything to the contrary in the Terms of Use, your sole and exclusive remedy for Lazada's breach of the representation and warranty given in Clause 3.1 shall be limited to this Clause 3.3.

(a) If you believe that the LazMall Goods which you have purchased do not conform to the representation and warranty given in Clause 3.1, you must make a refund claim in accordance with the procedure, and subject to the exceptions and limitations, set out in the Return Policy, within fifteen (15) days of the date on which you received the LazMall Goods.

(b) Following your refund claim, you will be provided with a template refund claim form (“Claim Form”), within which you should state the reasons for your belief that LazMall Goods which you have purchased does not conform to the representation and warranty given in Clause 3.1.

(c) You shall return the LazMall Good to Lazada in accordance with Lazada’s instructions. Once Lazada receives the LazMall Good, Lazada shall refund you the full purchase price of the LazMall Good within a reasonable period.

(d) Following the return of the LazMall Good to Lazada, Lazada shall verify your Claim Form. For the purposes of facilitating such verification, you shall use your best endeavours to fully cooperate with Lazada. In the event that Lazada determines, in its sole and absolute discretion, that the LazMall Good does not conform to the representation and warranty given in Clause 3.1:

(i) Lazada shall issue a store credit voucher or rebate coupon equivalent in value to the full purchase price of the LazMall Good to your Lazada account; and

(ii) you shall thereafter have no further claim against Lazada, and you shall release and hold harmless Lazada from any and all liability arising out of or in connection with your purchase of the LazMall Good.

(e) In the event that Lazada determines, in its sole and absolute discretion, that the LazMall Good does conform to the representation and warranty given in Clause 3.1, you shall have no further claim against Lazada, and you shall release and hold harmless Lazada from any and all liability arising out of or in connection with your purchase of the LazMall Good.

(f) Lazada’s determination pursuant to this Clause 3.3 shall, save in the case of manifest error, be final and binding on you.

(g) If you fail to make a refund claim within fifteen (15) days of the date on which you received the LazMall Goods, as set out in Clause 3.3(a), you are deemed to have accepted the LazMall Goods as conforming to the representation and warranty given in Clause 3.1.

4. Availability of LazMall Guarantee

4.1 Lazada may offer guarantees for delivery of selected LazMall Goods within specified dates (the “LazMall Guarantee”). Availability of the LazMall Guarantee for LazMall Goods shall be indicated by the appearance of the Guaranteed Delivery Badge on the Product Details Page. For the avoidance of doubt, where the Guaranteed Delivery Badge does not appear, the LazMall Guarantee is not available.

4.2 The dates for delivery of LazMall Goods pursuant to the LazMall Guarantee shall be reflected on the Order Detail Page and the Delivery Detail Page. You acknowledge and agree that any timelines or dates shown for delivery on the Lazada Platform in respect of the LazMall Guarantee, save for the dates indicated on the Order Detail Page and the Delivery Detail page, are only indicative estimates, and you shall not hold Lazada directly or indirectly liable for any losses arising out of or in connection with any reliance that you place on such estimates.

5. Terms and Conditions of the LazMall Guarantee

5.1 Subject to the availability of the LazMall Guarantee as set out in Clause 4 and the terms and conditions of the LazMall Guarantee as set out in this Clause 5, you shall receive payment for the amount specified in the Product Details Page as compensation where Lazada delivers the LazMall Goods to you after the latest date, or after the timeframe, specified in the LazMall Guarantee section of the Order Detail Page and the Delivery Detail Page (“Compensation”). Save for the Compensation, you hereby agree that you shall not have, and hereby waive and relinquish, any other rights or claims in respect of the LazMall Guarantee not being fulfilled.

5.2 You shall be entitled to Compensation for each Order you place through the Platform, regardless of the number of LazMall Goods which are placed pursuant to such Order, or the number of LazMall Goods which are delivered to you after the latest date, or after the timeframe, specified in the LazMall Guarantee section of the Order Detail Page and the Delivery Detail Page. To illustrate, if you purchase two LazMall Goods under one Order, and Lazada or its agent is unable to fulfil the LazMall Guarantee, you shall be entitled to receive Compensation of the amount specified in the Product Details page.

5.3 Where Compensation is paid to your Lazada account through a Voucher or a Promo Coupon is issued to your Lazada Wallet, Lazada reserves the right to impose restrictions or limitations to the use of the Voucher or Promo Coupon, including but not limited to, expiration dates, transfer of the Voucher or Promo Code to other users, or restrictions to use with Products, or categories or classes of Products, as specified by Lazada at its sole and absolute discretion. For the avoidance of doubt, Compensation made via Voucher or Promo Coupon cannot be exchange or redeemed for cash.

5.4 Notwithstanding that the LazMall Guarantee has been made available for the LazMall Good you select, you hereby agree to waive your right to Compensation where any of the following take place:

(a) Delivery address for the LazMall Good is incorrect or incomplete;

(b) You refuse to accept, or fail to make payment for, the LazMall Good, for any reason whatsoever;

(c) You fail to make payment for the LazMall Good in order to be eligible for the LazMall Guarantee, before the date and time set out in the Order Detail Page;

(d) You request any amendments to the time of delivery, delivery address or mode of delivery after the Order has been made;

(e) You fail to adhere to any of the delivery instructions issued by Lazada or our agents, including where you or your representative are not present to receive the LazMall Good when Lazada, or Lazada’s agent attempts delivery, or any of the instructions you issue to Lazada or our agents for delivery cannot be reasonably fulfilled;

(f) You specify for delivery of the LazMall Good to be made to a collection point;

(g) Delivery cannot be made to your address for reasons due directly or indirectly to an event or failure which is beyond Lazada’s reasonable control, including acts of God, natural disasters, war, rebellion, revolution, contamination, pollution, acts or threats of terrorism, or riots; or

(h) Delivery of the LazMall Good cannot be made to the delivery address you specify in the Order Detail Page and the Delivery Detail Page for any other reason.

5.5 You acknowledge and agree that Lazada has the sole and absolute right to determine if any of the circumstances set out in Clause 5.4 have taken place. You agree that you shall not dispute any of Lazada’s determinations in this regard.

5.6 Lazada reserves the right not to issue Compensation to you at its sole discretion and with no reference or notice made to you, for any reason whatsoever.

6. Fast Refunds

LazMall may offer Fast Refunds for selected LazMall Goods. However, the availability of Fast Refunds is decided on a per item basis by Lazada in its sole and absolute discretion.

7. Use and disclosure of data

You agree that Lazada shall be entitled to use or disclose any information or data disclosed by you in accordance with Lazada’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by Lazada from time to time.

8. Miscellaneous

8.1 You shall be bound by and shall fully observe and comply with these LazMall Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you. The rights and protections conferred on Lazada under these LazMall Terms shall be additional to the rights and protections conferred on Lazada under the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you.

8.2 Any clause in these LazMall Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

8.3 Lazada reserves the right to alter, modify, add to or otherwise vary these LazMall Terms from time to time, and in such manner as Lazada deems appropriate. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Service after such notice, you shall be deemed to have accepted the amendments.

The Lazada Milkormula Guarantee (“Guarantee”) Terms and Conditions

This Guarantee shall only apply to product bearing the following Lazada Guarantee Seal in the product image (“Qualifying Product”):

1. These terms and conditions govern the Guarantee provided by Ecart Services Malaysia Sdn. Bhd. (“Lazada”) and are in addition to any and all other terms in the Terms of Use for the  Lazada Malaysia e-commerce platform located at https://www.lazada.com.my/terms-of-use/, which are incorporated by reference into these Terms. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.  

2. CONDITIONS

• This Guarantee shall ONLY apply to Qualifying Products that:-

a. are not authentic or genuine; AND/OR

b. have expired or have less than seven (7) months to expiry from the Delivery Date.

3. HOW TO SUBMIT CLAIM AND ITS PROCESSES

a) Upon receipt of the Qualifying Product, should you find that it breaches this Guarantee as mentioned above at the section Conditions, you may submit your claim* via this link within fifteen (15) calendar days from the Delivery Date** (inclusive of the delivery date) of the product.

*We do not accept claim submitted via phone calls or emails.

**Delivery Date means the date when the Qualifying Product is delivered with the status of the delivery of the product is “Delivered” as shown in the Lazada’s delivery detail.

b) Please provide the following during your submission of the claim:-

i) Particulars as required in the form; 

ii) Screenshot of the product image found on Lazada platform;

iii) Screenshot of expiry date of the Qualifying Product.

c) If the claim is on the authenticity of the Qualifying Products, Lazada Malaysia may require the Customer to return the Qualifying Products for investigation and inspection purposes, if necessary.

d) Any customer whose claim is accepted shall be deemed as a Qualifying Customer.

e) Lazada will process and review the claim within 14 calendar days upon receipt of the duly completed submission of the form and/ or the returned Qualifying Products, whichever is later.

f) Customer will be contacted via registered email only pertaining to the outcome of the claim.

4. CLAIM

a) For successful claim, Qualifying Customer will receive the refund and reimbursement in the following manner:-

i) 100% refund back to the Qualifying Customer’s mode of payment when the purchase was made based on the actual price paid for the Qualifying Product including any shipping fee, whether on promotion or not, less the value of voucher(s) if any; and

ii) 200% reimbursement will be credited directly into Qualifying Customers’ Lazada Wallet account as a rebate, value of which will be calculated based on the price of the Qualifying Product at the point of purchase (price of the SKU during the purchase made).

Example

b) The 200% reimbursement as a rebate is only for purchases on Lazada Malaysia Platform and not for withdrawal. The rebate shall only valid for three (3) months from the date the amount is credited to Qualifying Customers’ Lazada Wallets.

c) Lazada Wallet terms and conditions shall apply to the use of Lazada Wallet; Customers who have not activated their Lazada Wallet account are required to activate their Lazada Wallet account prior using the rebate credited.

5. MISCELLANEOUS

a) Milk Formula products without the Guarantee Seal come from our Lazada Marketplace vendors are not guaranteed by Lazada.

b) Any Clause in these Terms, the Terms of Use, Terms and Conditions for Sale, the Privacy Policy as well as such other terms and conditions as may be agreed or accepted by a Customer, that are invalid, unenforceable or illegal shall be enforced as far as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other terms and/or conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

c) Lazada Malaysia reserves the sole right to alter, modify, add to or otherwise vary these Terms at any time and from time to time, and in such manner as Lazada Malaysia deems appropriate at its absolute discretion. In the event of variation of these Terms, if a Customer continue to participate to submit a claim thereafter, the Customer shall be bound by the Terms as so amended and shall be deemed to have accepted the Terms as so amended.

d) Lazada Malaysia shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations under these Terms (or any part thereof) or in connection with this Guarantee if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Lazada Malaysia’s reasonable control, for example but not limited to for lost, late, misidentified or misdirected claims or telecommunication or computer hardware or software performance, errors, delays or failures. Lazada Malaysia disclaims all warranties with respect to this Guarantee, the mechanism of which is provided ‘as is’ and ‘as available’.

e) The laws of Malaysia shall apply and govern these Terms. Any dispute arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Asia International Arbitration Centre under the AIAC Arbitration Rules. The seat of arbitration shall be Malaysia. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

f) All Lazada Malaysia’s decisions on this Guarantee are final and binding including but not limited to determining eligible claimants, validity of submissions, pricing errors, displayed price, time and date cut offs, limits of promotion, and amount of credits. No correspondences will be entertained.

g) Customers agree that they shall:

(i) abide by the applicable terms and conditions accordingly; and

(ii) not dispute nor make any oral or written complaints, public announcements or statements relating to this Guarantee, or by any other act or omission, directly or indirectly bring Lazada Malaysia into disrepute.

h) Lazada has the right to, at its sole discretion and without prior notification, reject, refuse or exclude a Customer from this Guarantee claim including (without limitation) where the entry is not complete, incorrect, non-compliant or non-fulfilment of any of the applicable terms, or where there is any attempt to compromise or tamper with this Guarantee mechanism. Lazada Malaysia reserves the right not to disclose the reasons for unsuccessful claims. No correspondence will be entertained.

i) Lazada shall not be liable for or pay any taxes associated with this Guarantee payout to Customers. Any taxes imposed by a competent body as a result of any participation shall be the responsibility of the Customers.

j) Claims and details submitted in connection with this Guarantee shall be the property of Lazada Malaysia.

k) Each Customer hereby agrees to indemnify and hold the Lazada Malaysia and each of its affiliates each of their respective directors, employees, agents and representatives (the "Released Parties") harmless from and against any losses, damages, rights, claims, or cause of action of any kind arising, in whole or in part, directly or indirectly, as a result of the Customer’s conduct or breach of applicable terms and conditions.

This Service Contract is a legal agreement between you and Ecart Services Malaysia Sdn Bhd, which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract. Please refer to the “DEFINITIONS” section at the end of this Service Contract for the meanings of capitalised terms used in this Service Contract.

Your purchase of the Services extends the manufacturer’s warranty period for a twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) commencing upon the expiry of the manufacturer’s warranty. The period commencing from the expiry of the manufacturer’s warranty and ending twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) is known as the Service Period.

The Services are subject at all times to the following:

a) We have the sole option to repair or (if in our sole discretion it is more commercially practicable to do so) replace your Product with an item of similar quality and specifications.

b) If we determine (in our sole discretion) that it is more commercially practicable to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement.

c) Repairs or replacements of the Product are limited to products purchased domestically.

d) Repairs or replacements of the Product are limited to products which are for personal use. This means that Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract.

We would only perform the Services during the Service Period. This means that we have no obligation to perform or provide the Services during the manufacturer’s warranty period, and the Services provided under this Service Contract shall not cover or replace the manufacturer’s warranty. You must exercise your rights and benefits under the manufacturer’s warranty before making a Service request under this Service Contract.

On-site repair is available for bulky Products only, which are non Carry-in Products. Where we are unable to repair your Products on-site, they will be transported to our authorised repair centre for repair, at no extra cost to you. Carry-in Products, which are Products such as Mobile Devices, laptops, tablets, small and kitchen appliances shall be delivered by you to our authorised repair centre, and no shipping or transportation costs (if any) you incur will be reimbursed by Lazada.

LIMITATIONS OF LIABILITY

Our liability under this Service Contract will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limited to losses incurred due to any delay in rendering service related to this Service Contract and loss of use during the period that your Product is at an authorised repair centre, and/or while awaiting repair or replacement.

ACCIDENTAL DAMAGE

If you purchase the Services for a Mobile Device, you are entitled to the following repair services (or if in our sole discretion it is more commercially practicable to do so) replacement, if there is Accidental Damage to your Mobile Device:

a) You are entitled to one (1) instance of repair services or a one (1) time replacement of the Mobile Device for any Accidental Damage. If in our sole discretion it is more commercially practicable to replace your Mobile Device instead of repairing it, the original Mobile Device shall be replaced with a similar product. Due to technological advances, the replacement Mobile Device may be of lower retail value than the original Mobile Device or it may be a Refurbished Product. If the original Mobile Device is repaired or replaced, the Services will cease from the date that the repaired or replaced Mobile Device is delivered to you.

b) Repair services for Accidental Damage will apply to Accidental Damage which occurred between the period beginning seven (7) days (“effective date”) from the Mobile Device delivery date and twelve (12) calendar months after the effective date.

c) Repair requests in relation to Accidental Damage must be submitted to us within two (2) working days of the Accidental Damage occurring. For the avoidance of doubt, you may only submit one (1) repair request in relation to Accidental Damage for the first year of the Service Contract, starting from the date you receive your Mobile Device.

GENERAL EXCLUSIONS:

Lazada will not be liable under the Service Contract if you do not submit the Product to an authorised repair centre for repair for Carry-in Products or if you do not raise a Service request with the Lazada Care call centre for bulky, non-Carry-in Products, before the expiry of the Service Contract, and in the case of Accidental Damage (for Mobile Device) only, if a Service request has not been submitted within two (2) working days of the Accidental Damage occurring.

If you send the Product for repair and/or servicing by an unauthorized service centre, this Service Contract will be null and void, and we will have no obligation to perform the Services in relation to such Product.

EXCLUSIONS:

We shall not be liable to provide you the Services in relation to any of the following:

1. Any damage or problems with the Product caused by negligence, omission or default of any kind, other than where you are entitled to services under “Accidental Damage”.

2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.

3. Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.

4. Any acts of fraud, or other dishonest or criminal acts.

5. Property and/or product liability insurance.

6. Products that are still covered by the manufacturer’s/dealer’s original written warranty, or your dealer warranty, repairer’s warranty, or any other warranties in effect.

7. Any defects that are subject to recall by the manufacturer / dealer.

8. Non-operating and cosmetic items, paint, or product finish, accessories used in or with the eligible product unless covered under a separate Service Contract, cables, cords, add-on options incorporated in a product for which options are not essential to the basic function of the Product for which the Service Contract was purchased.

9. Software (including operating system and any stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals.

10. Routine maintenance, cleaning, adjustments or software updates.

11. Abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, power outages or surges, inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorised modifications made to the Product and/or problems/defects arising from such unauthorised modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; repairs performed by non-authorised repairer; any items not affecting the function of the Product; image burn.

12. Costs of express service charges, transportation damage, removal or reinstallation unless specifically included in the Service Contract.

13. Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage related repair or replacement services.

14. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.

15. Damage due to organic infestation (from internal and/or external sources).

16. Deterioration or spoilage of any food stored due to defect of refrigerator.

17. Water leakage due to blockage of drainpipe under normal use.

18. Commercial use (multi-user organisations), public rental, use for profit or communal use.

19. Any diagnosis where no defect has been found or noted.

20. Consumables including but not limited to batteries, bulbs, compact discs, digital tapes, stylus, toner and ink cartridges.

21. External faults such as rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.

22. Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, wet or dry rot, or bacteria, misuse, neglect and abuse.

23. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage repair or replacement services.

FOR SERVICE REQUEST – CALL OUR SERVICE HOTLINE +603 21651808

When the Product failure occurs due to an electrical or mechanical defect or accidental damage, you may contact the LazadaCare Support Hotline at +603 21651808 to report the failure. This hotline is available Monday to Friday 9 a.m. to 6 p.m. in Malaysia, excluding local public holidays.

Our experienced customer service representatives will be ready to guide you through the Service process. To expedite the Services, please ensure that you have your Service Contract details readily available before placing the call. If the Product failure is not reported to us prior to repair/replacement, the repair/replacement cost shall not be approved.

To validate that your Product is covered by the Services, please ensure you keep all the proof of purchase, such as sales receipts, in a safe place.

CANCELLATION

This Service Contract can be cancelled within fourteen (14) days of the Product order date at a full refund of paid service fee provided that no Service request has taken place. If a Service request has taken place, no refund will be provided upon cancellation.

CONTRACT TERMINATION

This Service Contract will terminate automatically: (i) upon expiry of the term of this Service Contract, (ii) when a Product has been repaired and returned to you, (iii) upon replacement of the Product if (in our sole discretion it is more commercially practicable to do so) or (iv) upon written notification by us of termination of this Service Contract within fourteen (14) days of original purchase of this Service Contract (subject to our providing a full refund of paid service fees), whichever is earlier.

TRANSFER OF SERVICE CONTRACT TO SECOND OWNER

If you sell or transfer your Product to another consumer within the term of this Service Contract, you must call Lazada Care Support Hotline within fourteen (14) days from the date of the sale or transfer of the Product to another consumer, in order to transfer this Service Contract. It is also important to report your new address in the event you change your residential address and take the Product(s) with you.

GENERAL

This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product.

For verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the provision of the services contemplated by this Service Contract. As such, we recommend that you place these documents in a safe place.

DEFINITIONS:

• Accidental Damage means at a definable time and place your Mobile Device stops working normally and its usability or its safety is affected solely as a result of either of the following events:

(i) Screen Damage: Loss of functionality, cracking or breaking of the screen. Repairs for such damage provided under this Services Contract will be limited to parts needed to fix a cracked or broken screen and back glass such as glass /plastic screen, LCD and sensors fixed to the screen; or

(ii) Liquid Damage: Loss of functionality of the Mobile Device as a result of a liquid directly damaging the electronic components of the Mobile Device, caused by unintentional spills.

For the avoidance of doubt, damage to your Mobile Device which arose as a result of deliberate acts or omissions to cause the Mobile Device to stop working normally, or to affect its usability or its safety shall not constitute Accidental Damage. We shall (acting reasonably) have sole determination of whether damage done to a Mobile Device is deliberate.

• Act of God refers to natural disaster, fire, flood, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.

• Mobile Device means a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications (“Smartphone”), or a wireless portable personal computer with a touchscreen interface that does not have a permanently attached keyboard (“Tablet”) that You purchase from Lazada and is covered by the Services.

• Product means a product listed for sale on Lazada and covered by the Services under this Service Contract.

• Refurbished Product means a used product that is in good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the product.

• Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.

• We, us, our and Lazada refers to Ecart Services Malaysia Sdn Bhd, the provider of the Services under this Service Contract.

• You and your refer to consumers who purchase Products and cover by the Services under this Service Contract.

1. Service Terms

1.1 By using the mobile credit top-up service (the “Service”), you (“Customer”) agree to be bound by the terms and conditions of the Service (the “Service Terms”), in addition to the Terms of Use for the lazada.com.my website and/or the LAZADA mobile app, which are incorporated by reference into these Service Terms. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of the Service Terms and the Terms of Use, the provisions of the Service Terms shall prevail.

2. Service Conditions and limits

2.1 The Service is only available to Customers who are eligible users (“Eligible Users”). An Eligible User is a Customer who has registered a pre-paid mobile phone sim card with Celcom Axiata Berhad, Digi Telecommunications Sdn Bhd, XOX Berhad, Maxis Berhad, U Mobile Sdn Bhd, Tune Talk Sdn Bhd (each a “Telecommunications Service Provider”), and who is not:

2.1.1. Using a post-paid mobile phone sim card;or

2.1.2. Using a pre-paid mobile phone sim card that has expired,

in conjunction with the Service.

2.2. Notwithstanding that a Customer is an Eligible User, the Service may not be used within twenty minutes from an earlier transaction and the Service may only be used up to a maximum of five (5) times for each number. Lazada reserves the right to reject any use of the Service if any of the above limits are exceeded, at its sole discretion.

2.3. The Service shall be accessible from the website determined by Lazada from time to time.

2.4. The Customer shall use and shall procure that any person the Customer permits or allows to use the Service shall use the Service in accordance with the Service Terms and with such other guidelines, rules and requirements as Lazada may issue from time to time or any applicable law.

3. Refunds and Cancellations

3.1. A Customer shall only be entitled to a refund where:

3.1.1. Customer is an Eligible User; and

3.1.2. Customer receives an incorrect mobile top-up, or where delivery of the mobile top-up to Customer fails, and such failed delivery is not attributable to the default or conduct of the Customer. For the avoidance of doubt, a Customer shall not be eligible for a refund where Customer has inserted an incorrect, invalid, incomplete or otherwise deficient mobile phone number.

3.2. Lazada reserves the right to cancel or reject any use of this Service at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

4. Customer’s Obligations

4.1. The Customer acknowledges and agrees that:

4.1.1. the Customer shall not use the Service or permit the use of the Service in any manner which may adversely affect other Customers' use of the Service and/or any other service provided to such Customers, as Lazada may reasonably determine;

4.1.2. the Service is offered to the Customer on an "as is" basis;

4.1.3. the Customer is responsible for obtaining access to the Service and complying with the Service Terms;

4.1.4. use of the Service constitutes acceptance of these Terms;

4.1.5. Customer is responsible for all information the Customer submits, transmits or otherwise makes available during use of the Service;

4.1.6. Customer is responsible for all transactions carried out pursuant to the Service relating to the Customer's pre-paid mobile account(s);

4.1.7. Lazada is in no way responsible for any credit card or online top-up transactions carried out pursuant to the Service and any errors in processing payment, payment disputes and/or any other payment related matters pursuant to the Service shall be referred by the Customer directly with the respective bank(s) issuing the credit card(s);

4.1.8. Lazada may require the Customer to submit information from time to time pursuant to the Service (which may include financial information and credit card details) and such information and details may (subject to any obligations of confidentiality) be made available by Lazada to third parties for purposes of facilitating the provision of the Service;

4.1.9. the Customer shall comply with all applicable laws when using the Service;

4.1.10.Lazada expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timelines, currency, noninfringement, merchantability or fitness for any particular purpose in relation to the Service;

4.1.11.Lazada to the fullest extent permitted by law exclude all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to by law.

5. Availability of Service

5.1. The Customer acknowledges that Service availability is subject to:

5.1.1. availability of resources including, without limitation, availability of lazada.com.my website and/or the LAZADA mobile app; and

5.1.2. systems at the time and location when the Service is requested or delivered.

5.2. The Customer accepts that Lazada shall not be responsible to the Customer for any loss, damage, claim or compensation of whatever nature arising from or related to the Service including but not limited to any alleged unauthorized transactions, disruptions, errors, defects or unavailability of Service, loss of data or damage to any mobile equipment of the Customer. Lazada does not make any warranty on the performance and capability of the lazada.com.my website and/or the LAZADA mobile app, the Service and/or any software or hardware used with the Service or any application accessed by the Customer using the lazada.com.my website and/or the LAZADA mobile app and/or Service.

5.3. The Customer accepts and acknowledges that Lazada may suspend, terminate and/or discontinue the Service and/or access of any Customer to the Service or any part thereof at any time in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.

6. Use and disclosure of data

6.1. The Customer agrees that Lazada shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Lazada’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by Lazada from time to time.

7. Miscellaneous

7.1. The Customer shall be bound by and shall fully observe and comply with all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on Lazada under these Service Terms shall be additional to the rights and protections conferred on Lazada under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer.

7.2. Any Clause in the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

7.3. Lazada reserves the right to alter, modify, add to or otherwise vary these Service Terms from time to time, and in such manner as Lazada deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Service after such notice, the Customer shall be deemed to have accepted the amendments.

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").

1. Vouchers are only valid on the Lazada website, mobile website or mobile applications (iOS & Android).

2. A valid code must be entered at the checkout page in order to redeem a Voucher.

3. Customers can only redeem up to one Voucher per day.

4. Customers can only use the Voucher for a one-time purchase only.

5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.

6. Lazada reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:

(a) suspicious or fraudulent purchasing activity or Voucher use;

(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)

7. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.

8. Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.

9. Use of Vouchers by resellers is not tolerated, and Lazada reserves the right to cancel orders which are deemed to display reseller behavior.

10. Vouchers are not exchangeable for cash.

11. Lazada will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

(a) discontinued or cancelled Vouchers;

(b) improper use of, or inability to redeem, a Voucher; or

(c) the inability to redeem a Voucher due to technical issues.

12. Lazada reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

1. General

1.1 By purchasing and/or using digital voucher(s) or digital coupon(s) bought from the Platform (the “Digital Good(s)”), you, the Customer (as defined in the Terms of Use), agree to be bound by these Digital Goods Terms and Conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the Platform, which are incorporated by reference into these Digital Goods Terms.

1.2. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of these Digital Goods Terms and the Terms of Use, the provisions of these Digital Goods Terms shall prevail.

1.3. You should refer to the product details page of the relevant Digital Good(s) ("Product Details Page") for any Seller (as defined in the Terms of Use) specific terms and conditions and expiry dates.

2. Issuance of Digital Good(s)

2.1. When you buy a Digital Good(s), you will receive it via your provided email and/or via your Lazada Wallet (as defined in the Lazada Payment Account User Terms and Conditions).

2.2. If, for whatever reason, you fail to receive the Digital Good(s) in accordance with these Digital Goods Terms, Lazada may at its sole and absolute discretion offer a voucher to you. Upon the acceptance of such voucher by you, you agree that you shall have no further claim against Seller.

2.3. Seller is the issuer of the Digital Good(s) but is not responsible for failure to issue as a result of any Platform or Lazada Wallet failure. You acknowledge and agree that you shall not hold Lazada responsible for any failure or error in the issuance of the Digital Good(s), whether as a result of Platform or Lazada Wallet failure or otherwise.

2.4. You acknowledge that purchase and receipt of the Digital Goods(s) is subject to the issuance and availability of the Digital Good(s). In lieu of the Seller, Lazada may be responsible for delivering the Digital Good(s), in which case Lazada will use reasonable efforts to do so, within the lead-time as stated in the Product Details Page of the Digital Good(s).

3. Digital Good(s) – Loss, Theft, Used in Error or Used Prematurely

Once purchased, the Digital Good(s) is your responsibility and any Digital Good(s), including any accompanying QR code, barcode, PIN codes and/or serial number (each a "Code"), that are lost or stolen, used in error or used prematurely shall not be replaced.

4. Redeeming Digital Good(s)

4.1. Instructions on how to redeem Digital Good(s) may be made available on the Product Details Page.

4.2. You acknowledge that fulfilment of the Digital Good(s) is not guaranteed. It is subject to circumstances which may or may not be beyond the control of Lazada, including but not limited to the availability of the Digital Good(s), or the failure of Seller to procure the merchant's agreement to provide the relevant merchant's goods and services upon redemption of the Digital Good(s). You agree not to hold Lazada liable for any errors, omissions, service interruptions, faults, defects, failure to conclude a redemption of the Digital Good(s).

4.3. Codes may be used to redeem products and/or services at the Seller's or Seller-specified merchant's premises stated in the Product Details Page.

5. Your Obligations and Use of the Digital Good(s)

5.1. You acknowledge and agree that:

5.1.1. Digital Good(s) can only be redeemed within the period of time and the premises, where applicable, specified on the Product Details Page;

5.1.2. Digital Good(s) cannot be redeemed on certain black-out dates or promotion dates set by Seller or Lazada;

5.1.3. You shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Customers’ use of Digital Good(s) and/or any other Service (as defined in the Terms of Use) provided to such Customers, as Lazada may reasonably determine;

5.1.4. Digital Good(s) are offered to you on an “as is” basis, and unless otherwise specified in these Digital Goods Terms;

5.1.5. reproduction, sale, resale or trade of Digital Good(s) is prohibited, and any attempt to carry out any of these activities entitles Lazada to void the Digital Good(s) at its option;

5.1.6. if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed;

5.1.7. Digital Good(s) are redeemable in their entirety only and may not be redeemed incrementally;

5.1.8. it is at the discretion of the merchant to determine whether the Digital Good(s) may be combined with any other promotions, vouchers, third party certificates or coupons;

5.1.9. use or purchase of the Digital Good(s) constitutes acceptance of these Digital Goods Terms;

5.1.10. you are responsible for all information you submit, transmit or otherwise make available during the purchase or redemption of any Digital Good(s); and

5.1.11. to the fullest extent permitted by law, Lazada expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Good(s) or Code, without prejudice to any other provision in these Digital Goods Terms.

6. Refunds, Exchange and Cancellations

6.1. Any Digital Good(s) bought cannot be returned, refunded, transferred and/or cancelled after purchase, unless a refund and/or cancellation is permitted in accordance with Clause 6.6.

6.2. Issued Digital Good(s) cannot be exchanged for cash. Each Seller may have its own policy on the exchange of issued Digital Good(s).

6.3. Replacement of the Digital Good(s) may be allowed, at Lazada’s sole and absolute discretion, if there is a systemic failure on Seller or Lazada’s part.

6.4. Exchange of a Product (as defined in the Terms of Use) or service purchased using Digital Good(s) shall be subject to Seller’s terms and conditions.

6.5. Lazada reserves the right to cancel or reject the use of any Digital Good(s) at its sole and absolute discretion, including, without limitation, where it deems or suspects that any transaction is fraudulent.

6.6. Notwithstanding Clause 2.3, Lazada may, at its sole and absolute discretion, permit a refund and/or cancellation of Digital Good(s), provided always that the Digital Good(s) have not expired.

7. Availability of Digital Good(s)

7.1. You acknowledge that purchase or redemption of Digital Good(s) are subject to resource availability, including, without limitation, availability of the Platform.

7.2. Lazada does not make any representation, warranty or guarantee:

7.2.1. on the performance and capability of the Platform;

7.2.2. that the Lazada Wallet and the Codes are appropriate and available for use at all times;

7.2.3. about the accuracy, reliability, suitability, completeness or timeliness of the Lazada Wallet and/or the Codes;

7.2.4. about the quality, suitability, safety or ability of the Digital Good(s) issued by the Seller;

7.2.5. about the quality, suitability, safety or ability of the goods and/or services made available by the merchants; and/or

7.2.6. on the success of any redemption of the Digital Good(s).

7.3. You acknowledge and accept that Lazada may suspend, terminate and/or discontinue the purchase or redemption of the Digital Good(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.

8. Use and Disclosure of Data

8.1. You agree that Lazada shall be entitled to use or disclose any information or data disclosed by you in accordance with Lazada’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by Lazada from time to time.

8.2. Order issuance in relation to Digital Good(s) may be handled by a third party appointed by Lazada, in which case you may receive direct communication of Digital Good(s) Codes from the third party.

9. Miscellaneous

9.1. The rights and protections conferred on Lazada under these Digital Goods Terms shall be additional to the rights and protections conferred on Lazada under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by you .

9.2. Any clause in these Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by you that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

9.3. Lazada reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as Lazada deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments.

(Updated as of October 2018)

This Lazada Payment Protection Policy (“Policy”) supplements the Lazada Terms of Use, Lazada Wallet Privacy Policy and Lazada Wallet Terms and Conditions (collectively, the “Lazada Terms”) with regard to your Lazada Account. If any matter is not provided for in this Policy but is provided for in the Lazada Terms, the provisions of the Lazada Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of Lazada Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the Lazada Terms. This Policy is a legal agreement between you and Ecart Services Malaysia Sdn. Bhd.. By using your Lazada Account, you agree to be bound by the terms of this Policy.

1.1 Protection against Unauthorized Transactions.

Lazada will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.

An "Unauthorized Transaction" occurs when, because of a fraudulent take-over of the Lazada Account:

(a) transaction is made from the value stored within your Lazada Wallet that you did not authorize and that did not benefit you;

(b) a transaction or Top Up to the Lazada wallet is made from a credit or debit card saved in your Lazada Account that you did not authorise and that did not benefit you; or

(c) a transaction or Top Up to the Lazada wallet is made from the Direct Link account, that you did not authorise and that did not benefit you.

Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your Lazada Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.

1.2 Notify Lazada

a. You should immediately notify Lazada if you believe there has been an Unauthorized Transaction or unauthorized access to your Lazada Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.

b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. Lazada will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.

c. If an Unauthorized Transaction appears in your account, please contact Lazada Customer Service through the contact us page (https://www.lazada.com.my/contact). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. Lazada will only initiate an investigation upon receipt of all information/documents.

1.3 Actions taken by Lazada upon receipt of notification

a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:

(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.

(b) Lazada will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.

(c) We will inform you of our decision once we complete the investigation.

b. If we determine that the Unauthorized Transaction is one which qualifies for Lazada Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources as shown below:

c. If we determine that the Unauthorized Transaction is one that does not qualify for Lazada Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

1.4 Scope of protection

a. The following types of transactions are excluded from the scope of coverage of our Lazada Payment Protection Policy:

(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;

(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;

(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;

(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond Lazada’s reasonable control;

(e) Where the Unauthorized Transaction took place as a result of any terminal or system (including Lazada and Alipay) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;

(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or

(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.

Pre-Sale Program

Buyer Terms and Conditions of Participation

1. Acceptance of Terms and Conditions

1.1. The following general terms and conditions regulate the use of, and purchase of Products, through the pre-sale program offered by Ecart Services Malaysia Sdn Bhd of Level 21, 198 Menara Worldwide, Jalan Bukit Bintang, 55100, Kuala Lumpur (hereinafter referred to as “Lazada” and such program, the “Pre-Sale Program”) on Lazada’s websites, mobile applications and in-application stores. By participating in or utilizing the Pre-Sale Program on any of the foregoing Lazada platforms, you, as an eligible user (such person, a “User”), agree unconditionally and irrevocably to be bound by, and shall be deemed to accept, these terms and conditions (the “Pre-Sale Terms”) in addition to the Terms of Use for the https://www.lazada.com.my/ website (“Website”) and/or the LAZADA mobile app, the Terms & Conditions of Sale, the Digital Vouchers & Gift Cards Terms and Conditions, the Lazada Wallet Terms and Conditions and the LazMall Terms and Conditions which are incorporated by reference into these Pre-Sale Terms. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.

1.2. Lazada offers the Pre-Sale Program within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the use of the Pre-Sale Program and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Lazada shall not be liable, in any case whatsoever, for these instances in accordance with the conditions of this Pre-Sale Terms. This also does not include periods of time in which Lazada’s general services or the servers of the Pre-Sale Program offered do not allow online access due to reasons beyond Lazada’s control such as any events of force majeure or as a result of third party actions or omissions.

1.3. Lazada continuously updates, changes and develops its Pre-Sale Program and other services at its own discretion. Other provisions or general terms and conditions of a User that deviates in any way from Lazada’s Pre-Sale Terms herein, shall only apply if Lazada gives prior written consent to their validity.

1.4. Lazada does not make any warranty or representation or undertaking on the performance and capability of the LAZADA mobile app, the Website and/or any software or hardware used with such LAZADA mobile app or Website, any application accessed by a User using the LAZADA mobile app and/or the Website, or the reliability or quality of the underlying telecommunications network accessed by such User using the LAZADA mobile app or Website, each in connection with the Pre-Sale Program.

1.5. In addition to these Pre-Sale Terms, any existing rules and terms of the brands offering Products under the Pre-Sale Program shall also apply. In the case of any inconsistency or conflict between these Pre-Sale Terms, the rules of any brand and/or the Terms of Use, the provisions of these Pre-Sale Terms shall prevail over the others, following by the Terms of Use and thereafter the rules of any brand, to the extent of such conflict.

2. Conditions of Pre-Sale Program

2.1. The Pre-Sale Program shall only be made available for Users during applicable campaign periods, the dates, times and duration of which shall be determined by Lazada at its sole and absolute discretion (such period, the “Campaign Period”). A User shall be a Customer who has registered for a customer account on the Lazada Mobile app or Website controlled, and operated, by Lazada. Users shall only be able to participate in the Pre-Sale Program on the LAZADA mobile app after they have logged in and provided their full name and any other required information in accordance with their ID Card or passport. Only natural persons are eligible for registration and participation in the Pre-Sale Program and only individual persons are permitted to be authorized users.

2.2. Users shall be prohibited from participating in the Pre-Sale Program with programs other than the Lazada client program. This refers in particular to automated bots and other tools meant to replace or supplement the mobile application interface. In addition, scripts and completely or partially automated programs providing Users with any advantage over other Users shall be prohibited, including without limitation, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for participation in the Pre-Sale Program.

2.3. Users are, under no circumstances, permitted to:

(i) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the Pre-Sale Program;

(ii) use software that allows the mining of data or otherwise intercepts or collects information in connection with the Pre-Sale Program;

(iii) use virtual items (including deal, platform or brands vouchers) that are being used in the Pre-Sale Program outside of the Pre-Sale Program other than for purchase of Products through Lazada, purchase virtual items for “real” money, or sell or swap virtual items; and

(iv) sell, buy or trade User accounts,

and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.

2.4. The User acknowledges that the availability of the Pre-Sale Program shall be subject to:

(i) the availability and functionality of resources including, without limitation, the availability and functionality of the LAZADA mobile app and/or Website; and

(ii) the capability of Lazada’s systems at the time and location when the Pre-Sale Program are due to be operated or run for Users.

2.5. The User accepts that Lazada shall not be responsible to him or her for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or related to the Pre-Sale Program (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Pre-Sale Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Pre-Sale Program, or (iii) any loss of data or damage to any of his or her mobile, electronic or digital equipment, to the fullest extent permitted by law.

2.6. In the event that any Liabilities are not excluded under Clause 2.4, Lazada’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be USD 50 (or the equivalent value of such amount in MYR as converted according to the Bloomberg foreign exchange rate recorded as at the first date of a User’s claim or complaint), to the fullest extent permitted by law.

3. Content Restrictions

3.1. Lazada’s Pre-Sale Program includes various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of Lazada or third parties. Unless explicitly permitted within these Pre-Sale Terms, no User or any third party may edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes of the Pre-Sale Program, or the content or any portion thereof. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided or developed by Lazada and any such services available for download.

3.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Lazada’s mobile application and/or Website, any individual services and/or offers there, or its Pre-Sale Program. Users are also required to abstain from any measure which may allow unauthorized access to data. Any use of Lazada’s Pre-Sale Program for commercial purposes, especially advertising purposes, requires the express prior written consent of Lazada. Users are not entitled to publish content on Lazada’s Pre-Sale Program or other services.

4. General Rules of Participation in the Pre-Sale Program

4.1. During or prior to the Campaign Period, certain Products shall be offered for pre-sale on the Website and the LAZADA mobile app to Users for a restricted period of time as determined by Lazada (such period, the “Pre-Sale Period”) during which Users may place a pre-sale order for any such Product through payment of a portion of the pre-sale purchase price for that Product (such amount paid, the “Pre-Payment”). The Products offered for pre-sale under the Pre-Sale Program, the pricing of such Products and the required pre-payment amounts for such Products, shall be determined by the Third Party Vendors.

4.2. Prior to making the Pre-Payment, the User shall provide for the delivery address of the Products and his or her contact details and schedule the delivery date and timeframe. The User shall be informed of the amount of Pre-Payment to be made for that Product during the Pre-Sale Period and the remaining amount of payment (the “Final Payment”) to be made to complete the Order for the Product, as well as the timeline within which the Final Payment may be made for the Product (the “Final Payment Period”).

4.3. The Final Payment Period shall commence after the final date of the Pre-Sale Period. Each User shall provide his or her contact details, mobile number and/or email address for LAZADA and/or its affiliates or authorised agents to notify and/or remind such User to make the Final Payment during the Final Payment Period to complete his or her Order for the Product.

4.4. By participating in the Pre-Sale Program and payment of the Pre-Payment in respect of any Product, each User acknowledges, understands and undertakes that such Pre-Payment is non-refundable and subject to forfeiture where the User does not make the Final Payment for such Product and complete the Order within the Final Payment Period.

4.5. An Order shall only be confirmed and processed for delivery by Lazada in respect of a Product available under the Pre-Sale Program where both the Pre-Payment and Final Payment have been made during the Pre-Sale Period and Final Payment Period respectively. Where a User has made a Pre-Payment for any Product during the Pre-Payment Period but fails to make the Final Payment for such Product during the Final Payment Period, the Order for such Product shall not be confirmed and Lazada shall have the sole right, entitlement and discretion to retain and/or forfeit the Pre-Payment amount.

4.6. Only upon successful Pre-Payment for any Product shall any stock for that particular Product be reserved for the paying User.

4.7. Save where Lazada cancels any Order made by a User, a User shall only be entitled to a refund of any payments made for a Product offered under the Pre-sale Program after completion of an Order for such Product and where he or she fulfils and/or satisfies the conditions and requirements for refunds under the Terms of Use.

4.8. A User shall be entitled to make payment for any Products offered under the Pre-Sale Program using any of the payment method prescribed by Lazada from time to time, save that:

(i) cash on delivery shall not be offered as a payment method for Products purchased through the Pre-Sale Program; and

(ii) a User shall be required to utilize the same payment method for each of the Pre-Payment and Final Payment.

4.9. Lazada reserves the right to cancel and/or refund any Pre-Payments made by a User or Orders placed in connection with the Pre-Sale Program where it determines in its sole and absolute discretion that such User has breached these Pre-Sale Program Terms, the Terms of Use or the Terms & Conditions of Sale.

5. User’s Obligations

5.1. Each User acknowledges and agrees that:

(i) He or she shall comply with all applicable laws and regulations to the fullest extent when participating in the Pre-Sale Program.

(ii) He or she shall comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines) provided by brands or sharing channels where such sharing channels are used to invite third parties to the Pre-Sale Program, and such User shall not, as part of his or her participation in the Pre-Sale Program, breach any of these terms.

(iii) He or she shall be responsible for all information that is communicated, submitted, transmitted or otherwise made available during such User’s participation in the Pre-Sale Program whether to Lazada or third parties.

(iv) You shall not participate in the Pre-Sale Program or permit the participation in the Pre-Sale Program in any manner which may adversely affect other customers' or Users’ participation in the Pre-Sale Program or the goodwill or reputation of Lazada.

(v) You are responsible for complying with these Pre-Sale Terms.

(vi) Lazada, to the fullest extent permitted by law, excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that a User would otherwise be entitled to under law.

5.2. Where Lazada deems that a User has breached any of these Pre-Sale Terms, including fraudulently participating in the Pre-Sale Program, Lazada reserves the right, at its sole and absolute discretion to:

(i) prevent or restrict access of any User to the Pre-Sale Program, the LAZADA mobile app and/or Website;

(ii) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(iii) cancel any Orders placed during a User’s participation in the Pre-Sale Program.

6. Miscellaneous

6.1. Any Clause in these Pre-Sale Terms, the Terms of Use, the Standard Terms and Conditions, the Privacy Policy, the Digital Vouchers & Gift Cards Terms and Conditions, the Lazada Payment Account User Terms and Condition and the LazMall Terms and Conditions as well as such other terms and conditions as may be agreed or accepted by a User, that are invalid, unenforceable or illegal shall be enforced as far as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, terms and/or conditions which Clauses, terms and/or conditions shall continue to be valid and enforceable to the fullest extent permitted by law.

6.2. Lazada reserves the sole right to alter, modify, add to or otherwise vary these Pre-Sale Terms at any time and from time to time, and in such manner as Lazada deems appropriate at its absolute discretion. In the event of variation of these Pre-Sale Terms, if you continue to participate in or use the Pre-Sale Program thereafter, you shall be bound by the Pre-Sale Terms as so amended and shall be deemed to have accepted the Pre-Sale Terms as so amended.

6.3. Lazada shall not be liable to you for any Losses which may be incurred as a result of any non-performance, error, interruption or delay in the performance of its obligations under these Pre-Sale Terms (or any part thereof) or in connection with the Pre-Sale Program or for any inaccuracy, unreliability or unsuitability of the program if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Lazada’s reasonable control.

6.4. The laws of Malaysia shall apply and govern these Pre-Sale Terms. Any dispute arising out of or relating to these Pre-Sale Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

6.5. No vouchers or voucher codes may be used in conjunction with any Pre-Payment or Final Payment for any Product.

Terms of Service For Lazada Livestreaming and User Generated Content

1. Interpretation

1.1 In these Conditions:

“Content” includes any sound, sound sequences, music, text, still pictures, photos, moving pictures, videos, software programs, codes or other audio-visual representation or audio-visual combination, or the tactile representation or any combination of the preceding which you may view from the Lazada Platform, or upload to the Lazada Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, Livestream Content, PGC, UGC, and comments, reviews and other user interactions posted to Livestream Content, PGC and UGC.

“Lazada Content Service” means viewing, accessing, or uploading any Content to the Lazada Platform.

“Lazada Platform” means the https://www.lazada.com.my/ website and/or the Lazada mobile app;

“Livestream Content” means the streaming of live Content through the Internet to the Lazada Platform using Lazada’s livestreaming tools and may be accessed by any Lazada User. Lazada’s livestreaming tools comprise of a system which allows real-time streaming of video and audio content from Lazada approved accounts to the Livestreaming section of the Lazada Platform, which content may be viewed by all registered Lazada users and/or anyone who visits the Lazada Platform.

“PGC” means Content that is generated by any third party commissioned or hired by Lazada to generate such Content.

“Presenter” means any person who appears or features in Live Stream Content. Presenters include persons who host Live Stream Content or otherwise present a segment of a Live Stream Content.

“Prohibited Content” means any content:

(a) in breach of any law or regulation, or any guidelines or other instrument issued by any government or regulatory authority;

(b) content in breach of the Communications and Multimedia Content Code at https://www.mcmc.gov.my/skmmgovmy/files/attachments/ContentCode.pdf ;

(c) falls under any of the descriptions and/or classifications listed under Annex 1 to these Terms;

(d) prohibited content as set out in clause 6 (or anywhere in these Terms); OR

(e) deemed by Lazada in its absolute discretion, to be unsuitable to be on the Lazada Platform.

“Seller” means a seller which uses the Lazada Platform to sell Goods to the Buyers, and includes a Third Party Vendor. Lazada may also be a “Seller” for selected Goods.

“Seller Center” means the online support platform available to Lazada Sellers which can be accessed by logging into the portal at either https://sellercenter.lazada.com.my/ website or the Lazada Seller Center mobile app.

“Services” means the use of any services, information or functions made available by Lazada on the Lazada Platform (including but not limited to the accessing, viewing and/or uploading of any Content). Any reference made to the Lazada Platform in these Terms, shall include the Services or any part of it, unless otherwise expressly stated.

“Terms” means these terms and conditions. The Terms shall be read together with and shall incorporate all definitions within Lazada’s Terms of Use at https://www.lazada.com.my/terms-of-use/ , which serve as an agreement between you and us for the use of the Lazada Platform and the Services. Where there is a conflict between these Terms and Lazada’s Terms of Use, these Terms shall prevail.

“Third Party Vendor” means a seller which, with Lazada’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes Lazada.

“UGC” means Content generated by either a Buyer or a Seller and is uploaded or viewed on the Lazada Platform.

“User” means anyone who accesses the Lazada Platform or is a registered user of the Lazada Platform, including any Seller.

2. Introduction

2.1 Welcome to the Lazada Platform. These Terms govern your access to and use of the Lazada Platform.

2.2 Before using the Lazada Platform, you must carefully read and accept these Terms. You must also consent to the processing of your personal data as described in the Privacy Policy set out at https://www.lazada.com.my/privacy-policy/ . If you do not agree to these Terms, pl ease do not access or use the Lazada Platform or the Services.

2.3 These Terms apply to all Users, including users who access, upload or view Livestream Content, UGC and PGC. By accessing the Lazada Platform, you consent and agree to be bound by:

(a) the Lazada Terms and Conditions at https://www.lazada.com.my/terms-of-use/;

(b) these Terms;

(c) the Privacy Policy;

(d) any other terms, conditions, guidelines or policies that Lazada may dictate from time to time;

and any amendments, revisions, updates or modifications to the foregoing made by us from time to time.

2.4 We may amend, revise, update or modify these Terms at any time (“Changes”). Changes will be effective when posted on the Lazada Platform with no other notices provided and you are deemed to have agreed to the Changes upon their publication on the Platform. You must periodically review the most up-to-date Terms at https://www.lazada.com.my/terms-of-use/ and the Seller Center.

2.5 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether wholly or partly, the Lazada Platform, and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal prevents you from accessing the Lazada Platform or the Services.

2.6 These Terms constitute a legal agreement between you and Lazada (“Lazada”, “we”, “us” or “our”), as set out in the Introduction section of the Terms of Use.

2.7 You affirm that:

(a) you are either older than 18 years of age and are fully able and competent to enter into these Terms; or

(b) you are the parent or legal guardian of the person using the Lazada Platform and agree to these Terms and will ensure that the person using Lazada Platform abides by and comply with these Terms.

2.8 For Users below eighteen (18) years of age (“Minor”), you acknowledge that you are the parent or legal guardian of the Minor and consent to the Minor’s use and access to the Lazada Platform and Content. You hereby consent and agree to these Terms, the terms of the Lazada Privacy Policy, on the processing of the Minor’s personal data, allow the Minor to use or access the Lazada Platform and Content and release and hold harmless Lazada from any and all liabilities that may arise from he Minor’s use of the Lazada Platform (including the uploading or accesing of any content). You acknowledge and accept these Terms on the minor's behalf and you will be responsible for the minor’s actions, and for any charges associated with the minor’s use of the Lazada Platform or Services.

2.9 If you are a Minor and you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Lazada Platform or Services.

3. Using the Lazada Platform

3.1 The Lazada Platform allows Users to upload UGC in the form of: (a) general comments on the Lazada Platform; (b) product reviews; (c) product recommendations; (d) ‘Before & After’ effects of products; (e) unboxing videos; (f) how to use products guides; and/or (g) any other type of Content that we may, from time to time deem fit to allow in our sole and ultimate discretion and without any notice. UGC will be published on the Lazada Platform and will be available to any Users and/or anyone who accesses the Lazada Platform.

3.2 Users may upload UGC by using any of the provided upload functions on the Lazada Platform. User UGC will appear in selected areas of the Lazada Platform.

3.3 You acknowledge and understand that we only provide a platform for Users to upload Content. We do not monitor, review, screen, endorse, edit, curate, check or verify the Content uploaded to the Lazada Platform. You agree that you access the Content at your own risk and that any decision you make to view, or access the Content or any product or service you sell or purchase as a result of viewing, or accessing the Content is entirely between you and the Content provider. You are solely responsible and shall be liable for all Content you upload or otherwise make available on the Lazada Platform.

3.4 The Lazada Platform may contain links to third party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the contents of any third-party site. By using the Lazada Platform, you expressly relieve us from any and all liability arising from your use of any third-party website.

3.5 We reserve the right to decide which Users will be permitted to access any of the features offered by the Lazada Platform (including viewing the Content contained in the Lazada Platform or uploading the Content into the Lazada Platform). You are prohibited from using another person's account without authorisation. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may be liable for the losses or damages we or other third parties suffer due to any unauthorized use of your account.

3.6 You will comply with all applicable laws, regulations, policies or guidelines and obtain all regulatory clearances necessary (eg any applicable permits or approvals you may require to display advertisements of products) prior to uploading any Content to the Lazada Platform.

4. Your Content

4.1 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any Content you submit; and, except for the Livestream Content, you license to us all patents, trademarks, trade secrets, copyright or other proprietary rights in and to such Content for publication on the Lazada Platform pursuant to these Terms.

4.2 By uploading Content to the Platform, you confirm that you own the copyright material to the Content. If the Content contains third party copyrighted material which you do not own, please obtain the copyright owner’s permission prior to uploading, sharing or distributing the Content to the Lazada Platform.

4.3 Except for the Livestream Content, you retain all of your ownership rights in your Content. However, by using the Lazada Platform, you grant to us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the Content in connection with the Service and our (and our parent company’s successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

4.4 Lazada will retain all ownership rights to all Livestream Content uploaded to the Lazada Platform. This means we will own any Livestream Content you create and we will be able to use your Livestream Content (including deleting the Livestream Content, using, reproducing, distributing, preparing derivative works of, displaying, performing the Content, promoting and/or monetising the Livestream Content) in any way without consulting you.

4.5 You hereby assign, grant and deliver exclusively to Lazada all rights, titles and interests of every kind and nature whatsoever in and to the Livestream Content, and all copies and versions, including all rights related to and necessary for licensing and merchandising, including rights of privacy and publicity. You further agree to execute and deliver to Lazada, if necessary, all relevant instruments and documents as Lazada from time to time reasonably may request for the purpose of establishing, evidencing, enforcing, or defending its complete, exclusive, perpetual, and worldwide ownership of all rights, titles, and interests of every kind and nature whatsoever, in and to the Livestream Content.

4.6 You also grant each User of the Lazada Platform a non-exclusive licence to access your Content through the Lazada Platform, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Lazada Platform and under these Terms.

4.7 The above licenses granted by you are perpetual and irrevocable.

4.8 You further agree that the Content you upload on the Lazada Platform will not contain third party copyrighted material, or material that is subject to other third party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted in these Terms.

4.9 Lazada does not in any manner whatsoever endorse any Content uploaded to the Platform or in using the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.

5. Takedown Procedures

5.1 If you believe that your copyright-protected work or trade mark was posted on the Lazada Platform or otherwise hosted by Lazada, without authorisation, you may submit a copyright infringement notification or trade mark infringement notification to legal@lazada.com.my together with the following required documentation :

(a) details of the Content on the Lazada Platform which you claim has infringed your copyright or trade mark;

(b) details of the copyrighted work or trade mark you claim has been infringed;

(c) any evidence you may have on your ownership of the copyright or trade mark (for example, a copyright voluntary notification submitted to the Intellectual Property Corporation of Malaysia or a trade mark registration certificate issued by the Intellectual Property Corporation of Malaysia);

(d) proof that you are authorised to act on behalf of the copyright or trade mark owner (if applicable).

Lazada reserves the right to request for any additional information or documents in relation to your copyright or trade mark infringement notification. Lazada may also contact the Users and provide the Users with an opportunity to address any copyright or trade mark infringement claim.

5.2 Users who seek to address any infringement claims made against their Content must submit:

(a) the grounds on which the User objects to the copyright or trade mark infringement claim;

(b) any proof the User may have of his ownership of the copyright or trade mark in question (for example, a copyright voluntary notification submitted to the Intellectual Property Corporation of Malaysia or a trademark registration certificate with the Intellectual Property Corporation of Malaysia);

(c) proof that the User is authorised to act on behalf of the copyright owner or trade mark owner (if applicable).

Lazada reserves the right to request for any additional information or documents in relation to the User’s dispute of the trade mark infringement notification.

5.3 The copyright claimant may file an action seeking a court order to keep the content taken down. Please note that we will forward the entire counter notice to the copyright claimant, including any personal information you provide, and the counter notice may be made public. The claimant may use this information in any action or proceedings initiated or may be initiated against you.

5.4 Lazada is not in a position to resolve or mediate any trade mark disputes. You are strongly advised to resolve any trade mark disputes directly with the Users. Lazada can only review and remove Contents uploaded using the Lazada Platform in clear cases of trade mark infringement. Lazada may also contact the Users and provide the Users with an opportunity to address any infringement claims.

5.5 The decision to re-post any Content is at Lazada’s sole discretion.

6. Prohibited Content

6.1 You agree not to upload or otherwise make available any Prohibited Content.

6.2 Without prejudice to the generality of the foregoing, you are to comply with the following restrictions:

(a) No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person.

(b) No content which is unsuitable for users aged 18 and below.

(c) No content promoting terrorism or terror-related activities.

(d) No content involving references to physical, mental or sensory disability.

(e) No content which encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropics or other addictive substances.

(f) No inflammatory, subversive or seditious content, such as content which incites or promotes conflict against the country or any state, its constitution, government or laws; or incites or promotes conflict between groups, ethnicities, races, religions or genders, or degrade religious or cultural beliefs.

(g) No content involving gambling, such as games, lotteries, horse-racing, sports betting, astrology, geomancy, palm reading or any other type of fortune-telling device.

(h) No content involving minors without the written consent of such minor’s parent or legal guardian.

(i) No content relating to or promoting content prohibited or banned under any law.

(j) No content which infringes intellectual property rights or causes confusion on the relationship with other organisations or individuals.

(k) No content involving the impersonation of organisations or individuals without such organisations’ or individuals’ written consent.

(l) No content violating data protection laws and intellectual property laws.

(m) No content which is misleading, false or deceptive (for example, content which is misleading as to the price of the product sold and content which makes false claims that the goods are limited or will come with free gifts).

(n) No content which contains words like, or are similar to, “best”, “the best”, “number one”, “proven”, “top-grade” unless these are permitted under applicable laws, regulations, policies or guidelines.

(o) No content which directly compare the prices, quality and efficiency of your products against other products unless permitted under applicable laws, regulations, policies or guidelines (for Sellers).

6.3 If your Content involves the use of physical stunts (for example, where it carries even a slight risk of injury or damage whether to property or person), you must ensure the words “Do Not Attempt” or words of similar meaning are prominently featured on the Content.

6.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the Lazada Platform, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights, in accordance with applicable laws on intellectual property rights.

6.5 We reserve the right to remove any Content without prior notice to you or without providing any reason for such removal.

6.6 You agree that Lazada shall not be liable in any manner whatsoever for any losses or damage suffered in any way as result of Lazada’s exercise of its discretion to remove Content.

7. Specific User Conditions For Live Streamed Content

7.1 Only Presenters (including Sellers who want to present in person while live streaming) may appear or otherwise feature in your Live Streamed Content. An application must be made by the Presenter through the Seller Center, or as specified from time to time by us, and acceptance is at our sole and absolute discretion.

7.2 Presenters must meet the conditions we provide when applying for the position of Presenter, which may be contained in the Seller Center, or as dictated by Lazada in its sole and ultimate discretion from time to time.

7.3 We may revise these conditions from time to time. Presenter applications shall be governed by the conditions in force at the time of application, regardless of whether such Presenter applications are new or re-applications.

7.4 Sellers shall at all times ensure Presenters comply with these terms and conditions or other policies as contained in the Seller Center and/or Lazada’s Terms of Use as we may release. Sellers must not incite, promote or condone breaches of such terms by Presenters.

7.5 If we have determined that a Presenter has failed to comply with these terms and conditions or any of our policies, or for any other reasons deemed necessary by Lazada, the Seller must immediately comply with our instructions, including immediately terminating or removing the Live Streamed Content, taking down all saved Live Streamed Content and publicly inform other users on the Lazada Platform of the Presenter’s failure to comply. Lazada also reserves the right to immediately terminate any Live Streamed Content at any time in its ultimate discretion, without giving any reasons.

7.6 The Seller will be liable for the acts, defaults and neglects of the Presenters, employees or agents of the Presenters as if they were the acts, defaults or neglects of the Seller, and will remain at all times principally responsible to us for its obligations under these terms and conditions.

7.7 Lazada reserves the absolute discretion to revoke or terminate the status of a Presenter and the right to appoint or determine a Presenter.

7.8 The Seller must also ensure users who participate in Live Streamed Content interactions comply with any and all terms or policies that we may release, including but not limited to any terms or policies that are contained in these Terms, the Lazada Terms of Use and/or Seller Center. Sellers must not incite, promote or condone breaches of such policies by such users.

7.9 Sellers shall ensure Presenters are neatly dressed during the live-stream, and that they avoid wearing inappropriate clothing (such as clothes which are vulgar or obscene, degrade religious or cultural traditions, or feature offensive language). The overall dress should be clean, tidy and professional, with specific requirements as follows:

(a) Presenters shall not wear clothes which reveal sensitive areas of the body, including shall not wear only undergarments;

(b) Presenters shall not wear the uniform or dress of government bodies, armed forces or any organisation.

(c) Presenters shall not wear anything that we may, from time to time, decide in our sole and ultimate discretion as being inappropriate.

7.10 Only feature audio-visual content including songs and videos permitted under applicable laws, regulations, policies or guidelines, including the following:

(a) laws on personal data protection;

(b) laws on intellectual property protection;

(c) the licensing regime under the Communications and Multimedia Act 1998 and its subsidiary legislation;

(d) laws on film censorship;

(e) content laws; and

(f) consumer protection laws.

The list of laws, regulations and/or guidelines that Users must familiarise themselves with and obey are :

(a) Communications and Multimedia Act 1998 & Guidelines

(http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20589.pdf)

&

(https://www.mcmc.gov.my/skmmgovmy/files/attachments/ContentCode.pdf)

(b) Sedition Act 1948

(http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%2015.pdf)

(c) Malaysia Penal Code

(http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Penal%20Code%20ACT%20574%20-%20TP%20LULUS%2021_2_2018.pdf)

(d) Medicines (Advertisement And Sale) Act 1956 (Revised - 1983)

(http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20290.pdf)

(e) Control of Tobacco Product Regulations 2004

(f) Defamation Act 1957

(http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20286.pdf)

(g) Film Censorship Act 2002 & Guidelines

(http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20620.pdf)&

(http://lpf.moha.gov.my/lpf/images/Perundangan/GARIS_PANDUAN_PENAPISAN_FILEM(1).pdf)

Users acknowledge that the list above is not exhaustive, may not be completely up to date and merely represents Lazada’s best effort guide. Users also acknowledge that the links provided above are third party links which are not maintained by Lazada, may be outdated and that it is the Users’ own responsibility to ensure that they update themselves on the most current version of the laws and guidelines.

It is the User’s responsibility to ensure that their Content complies with all applicable laws, regulations, policies or guidelines and any amendments which the respective regulators have introduced in the applicable laws, regulations, policies or guidelines. Note that audio-visual content with sexual themes are strictly prohibited at all times.

7.11 Do not display items with inflammatory or offensive elements, including but not limited to items which are sexually suggestive, undermine religious or racial harmony, which make reference to disabilities or which degrade national themes.

7.12 Do not promote or endorse unlawful acts such as drugs, gambling or gun possession.

7.13 Do not perform high-risk stunts or activities.

7.14 Do not display or focus on nudity or sensitive parts of the body such as the chest, buttocks and groin.

7.15 Do not promote or endorse organisations promoting unlawful pyramid schemes.

7.16 Do not self-abuse or attacks others (including but not limited to alcoholism, self-harm, suicide, mutual abuse, animal abuse, ingesting items which cause harm (such as living things, dead objects or inanimate objects).

7.17 Do not live stream in sensitive locations like hospitals, cemeteries, childcare centres, schools or government buildings.

7.18 Lazada reserves the right to terminate any Livestream at any time without giving any reasons.

8. Software Licence and Proprietary Rights of Lazada

8.1 All intellectual property rights, whether registered or unregistered, in the Lazada Platform, which includes any PGC or information content on the Lazada Platform and all the website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Lazada Platform are protected under applicable intellectual property laws.

8.2 The Lazada Platform, Intellectual Property and Contents, or any part thereof, shall not be copied, reproduced, distributed, licensed, transferred, published, in any form, or otherwise dealt with in any manner, except as expressly permitted by the Terms. You shall not disassemble, decompile or reverse engineer the Lazada Platform.

9. Restrictions In using the Lazada Platform

9.1 Lazada hereby grants you a non-exclusive, non-transferable, and revocable right to use the Lazada Platform as set forth in these Terms provided that you refrain from doing any of the following if you use the Lazada Platform:

(a) download or record any Content unless you see a “download” button or hyperlink to download the Content displayed by Lazada on the Lazada Platform; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Lazada Platform or any Content, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works;

(b) distribute, license, transfer, or sell, in whole or in part, any of the Lazada Platform or any derivative works;

(c) use the Lazada Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

(d) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Lazada Platform;

(e) intimidate, abuse, annoy or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) use or attempt to use another’s account, service or system without authorisation, or create a false identity on the Lazada Platform;

(g) use the Lazada Platform in a manner that may undermine the purposes of the Lazada Platform, such as trading reviews with other users or writing or soliciting fake reviews;

(h) use or launch any automated system, software and/or hardware, including without limitation, “bot(s)”, “robot(s)”, “spiders”, “script(s)”, “emulator(s), “simulator(s) and/or anything similar to access or use any Content, Services or the Lazada Platform, and/or upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You also cannot use any automated system or software which may (i) overwhelm the servers of the Lazada Platform or Lazada Content Service in any way, including, but not limited to causing a Distributed Denial-of-Service Attack; or (ii) perform web scraping or data scraping on the Lazada Platform or Lazada Content Service.

(i) bypass the internal workings (including security features) of the Lazada Platform (including changing the coding or interface of the Lazada Platform or Lazada Content Service);

(j) “doxing” other users on the Lazada Platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);

(k) promote products sold on websites other than on Lazada;

(l) permit or engage in any fraudulent behaviour against Users, Lazada or third parties, including using bots or technology to increase views, followers or sales or manipulate or falsify data;

(m) promote or facilitate the sale of counterfeit goods or goods infringing the intellectual property rights of third parties; and

(n) upload, share or distribute Content which may affect other Users’ use of the Lazada Platform, Lazada Content Service, or the goodwill or reputation of Lazada.

10. What We Can Do If You Infringe These Terms

10.1 You agree that the measures set out in this clause shall apply where the relevant provision of the Content on the Lazada Platform or use of the service violates applicable laws or these Term, and you agree this is without prejudice to Lazada’s other rights and remedies under these Terms or in law. The measures include:

(a) the immediate removal of the Content;

(b) the deletion of any or all saved Content;

(c) the suspension or termination of your account;

(d) banning you from the Lazada Platform or use of the Service for a specified time period or permanently.

(e) taking any other actions against you or any accounts that you may have registered with Lazada.

10.2 We may remove any Content you upload to the Lazada Platform or disable other people from accessing any Content you upload to the Lazada Platform for any reason whatsoever including:

(a) where we deem the Content to be Prohibited Content or inappropriate, at our absolute discretion;

(b) where we have received any request from any authority to remove the Content;

(c) where we have received any complaint from other users on the Content.

10.3 While you own your Content, you agree that we will have a right to modify your Content (including splicing, cropping or otherwise editing your Content) and distribute your Content (whether modified or otherwise) without your permission. You also grant Lazada a worldwide, non-exclusive, royalty-free, sublicensable and transferable perpetual licence to use, keep, recreate, duplicate, share, display or prepare derivative works of your Content (modified or otherwise) for any purpose.

10.4 When you upload Content into the Lazada Platform, you permit us to disclose your identity (including all details you have shared with us when you open your account on the Lazada Platform) to other third parties.

11. Your Personal Data

Your personal data will be processed according to the Personal Data Policy linked https://www.lazada.com.my/privacy-policy/ .

12. Indemnity

12.1 You are responsible for any loss or damage we may suffer as a result of your breach of these terms and conditions. You also agree to defend, indemnify and hold us and our related companies, officers, directors, employees and agents, from and against any and all claims, losses, liabilities, arising from your use of and access to the Lazada Content Service or Lazada Platform or from your breach of these terms and conditions. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defences and indemnify us for any legal fees we may incur.

13. Limitation of Liability

13.1 The Lazada Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Lazada of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

13.2 Without limiting the foregoing, we do not warrant that the Lazada Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

13.3 Lazada and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Lazada Platform or the Services;

(b) reliance on any data or information made available through the Lazada Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

13.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Lazada Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

Annex 1

List of other prohibited Content for Livestreaming, PGC and UGC

LazCoins Terms of Use 

Update on: 21/07/2020

1. LazCoins are digital reward points that Lazada issues to you for your continued engagement on the Lazada Platform. Lazada issues LazCoins to you solely for use on the Lazada Platform in accordance with these LazCoins Terms of Use (hereinafter “Terms” or “Terms of Use”). By participating in engagement activities on the Lazada Platform, including obtaining LazCoins in any manner, you confirm that you have read, understood and agreed to these Terms, which constitutes a legally binding agreement between you and Lazada under applicable law. 

2. LazCoins have no cash or monetary value and LazCoins shall not be exchanged for currency in any form. Under no circumstances shall LazCoins be purchased, resold or transferred by, or to, Users, for monetary value or otherwise. Save for where expressly permitted by Lazada, LazCoins shall not be regarded, construed, implied, or used as valuable or exchangeable instruments under any circumstance. 

3. LazCoins expire three (3) months after they are credited to your Lazada user account. Expiration dates are rounded up to the final day of the month which LazCoins expire. To illustrate, if a LazCoin is credited to your Lazada user account on 15 June 2020 it shall expire on 30 September 2020. Lazada reserves the right to alter the expiration date of any LazCoins issued to you from time to time. You acknowledge and agree that Lazada shall not be liable for any losses that you, or any third party, incur as a result of an alteration of the expiration date of LazCoins. 

4. The quantity and availability of LazCoins issued to you when you participate in engagement activities on the Lazada Platform shall be determined by Lazada at its sole discretion. You can check your LazCoins balance and redemptions history in your Lazada user account. Your LazCoins balance and redemption history as set out in your Lazada user account shall serve as a conclusive evidence of the same.

5. LazCoins may be exchanged for (a) electronic voucher(s) for Users to obtain discounts or other benefits on products listed on Lazada Platform (“Voucher”), (b) free products and/or services as offered by Lazada, (c) participation in promotional events and/or user engagement tools and mechanics on Lazada Platform, and/or (d) any other products, rewards, services, electronic or physical vouchers, as Lazada may announce or notify to you from time to time (collectively “LazCoin Rewards”). The exchange of LazCoins for LazCoin Rewards may be subject to further terms and conditions specific to a promotional scheme, program or activity. The issuance of LazCoins by Lazada to you shall NOT be constituted, considered, construed, or implied as a reservation of any promotional products or services on Lazada Platform made by Lazada in your favour.

6. Lazada determines the quantity of LazCoins required for an exchange for LazCoin Rewards. This quantity of LazCoins may change from time to time as announced or notified by Lazada to you.

7. Any LazCoins issued to any User shall be exchanged for LazCoin Rewards only during the time period specified by Lazada, subject to the availability of the applicable LazCoin Reward. The time period during which a User may exchange LazCoins for LazCoin rewards may be specified or amended by Lazada at any time, included after the initial launch of the promotional scheme, program or activity which allows you to exchange LazCoins for LazCoin rewards. 

8. Lazada reserves the right to cancel or void any LazCoin issued to a User, any orders placed in connection with any LazCoin, including where used in conjunction with a Voucher, or any orders for products placed in connection with any LazCoin, where it determines or reasonably believes that such User has breached any provision under any terms and conditions applied to Users on Lazada Platform, including but not limited to any specific game rules, the Terms of Use; the Terms & Conditions of Sale; and Platform Engagement Tool Terms and Conditions. For the avoidance of doubt, Lazada may reject a User’s request to redeem LazCoin where Lazada reasonably believes that that the redemption transaction may be suspicious, illegal, involves any criminal activity or involves LazCoins that have been obtained through dishonest or fraudulent means or abusive behavior of the Users.

9. Lazada reserves the right to amend, modify and supplement the terms and conditions as provided hereunder from time to time in accordance with applicable laws. You agree that you are responsible for accessing, reviewing and keep yourself updated with all these amendments. Your continued earning and/or using LazCoin after such amendments shall be deemed as your confirmation and acceptance of such amendments and all the amendments shall be valid and applicable to you. 

10. All concerns relating to LazCoin should be directed to Lazada Customer Care through the following link: https://www.lazada.com.my/contact/?spm=a2o4k.home.footer_top.7.42592e7ezZhy9U. You agree that any claims in relation to LazCoins a shall be made within one (1) month of the issuance date and we may require relevant evidence which may include your personal information to support your claim.