LazGame Terms and Conditions of Participation

1. Acceptance of Terms and Conditions

• The following general terms and conditions regulate the use of mobile games and other services (collectively, the “Games”) provided by Ecart Services Malaysia Sdn Bhd of Level 21, Menara Worldwide 198, 55100, Kuala Lumpur (hereinafter referred to as “Lazada”) on Lazada’s websites, mobile applications and in-application stores. By participating in or playing any of the Games, 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 “Games Terms”) in addition to the Terms of Use for the https://www.lazada.com.my/ website (“Website”) and/or the LAZADA mobile app and the Terms & Conditions of Sale, which are incorporated by reference into these Games Terms. For the avoidance of doubt, capitalized terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.
• Lazada offers mobile games and other services within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the use of the Games 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 Games Terms. This also does not include periods of time in which Lazada’s general services or the servers of the particular games 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.
• Lazada continuously updates, changes and develops its Games 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 Games Terms herein, shall only apply if Lazada gives prior written consent to their validity.
• Lazada does not make any warranty or representation or undertaking on the performance and capability of the LAZADA mobile app, the Games and/or any software or hardware used with the Games, any application accessed by a User using the LAZADA mobile app and/or the Games, or the reliability or quality of the underlying telecommunications network accessed by such User using the Games.
• Mobile games and other services offered by Lazada are intended solely for the purpose of a User’s personal entertainment and personal benefit. The use of these games or services for business or commercial purposes is strictly prohibited.
• In addition to these Games Terms, any existing rules of the respective mobile games available in the Games portal shall also apply. In the case of any inconsistency or conflict between these Games Terms, the rules of any Game and/or the Terms of Use, the provisions of these Games Terms shall prevail over the others, following by the specific rules of any Game and thereafter the Terms of Use, to the extent of such conflict.

2. Games Conditions

• A User shall be a Customer who has installed the LAZADA mobile app and registered for a customer account on the Website controlled, and operated, by Lazada. Users shall only be able to enter the Games portal and participate in the Games 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 Games and only individual persons are permitted to be authorized users.
• Users shall be prohibited from running the Games (including all individual mobile application page interfaces) with programs other than the Lazada client program that has been provided in the Games portal. 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 Games.
• Users are, under no circumstances, permitted to:
• create or use cheats, mods and/or hacks, or any other third party software products that may change the result or gameplay of the Games;
• use software that allows the mining of data or otherwise intercepts or collects information in connection with the Games;
• use virtual items (including deal, platform or brands vouchers) that are being used in the Games outside of the Games other than for purchase of Products through Lazada, purchase virtual items for “real” money, or sell or swap virtual items; and
• 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.

• The User acknowledges that the availability of the Games shall be subject to:
• the availability and functionality of resources including, without limitation, the availability and functionality of the LAZADA mobile app; and
• the capability of Lazada’s systems at the time and location when the Games are due to be operated or run for Users.
• 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 Games (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Games Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Games, or (iii) any loss of data or damage to any of his or her mobile equipment, to the fullest extent permitted by law.
• 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 Ringgit Malaysia as converted according to the Bloomberg foreign exchange rate recorded as at 6 May 2019), to the fullest extent permitted by law.
  
  

3. Content Restrictions

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

4. General Rules of Participation in the Games

• Subject to downtime, the lack of availability or the rules of any Game, Users shall be entitled to participate in the Games on the Lazada mobile application. To participate in the Games, Users shall enter the LazGame landing page by clicking the “LazGAME” icon at the home page and/or main campaign page in Lazada’s mobile application. If the User has not yet logged into the Lazada mobile application, the User will be prompted to login to the Lazada mobile application using his or her credentials prior to accessing the LazGame landing page.
• Once a User has arrived at the LazGame landing page, such User may select a particular Game to play by clicking on the icon for each Game to initiate that particular Game. The points scored and obtained during the course of such game shall be accumulated by the User as LazCoins and exchangeable for (a) electronic monetary vouchers that may be used to obtain discounts on Products offered for sale across the Lazada platform and/or for specific brands offering goods and products for sale on the Lazada platform (each, a “Voucher”) and/or (b) gifts provided by Lazada.

For the avoidance of doubt, the award of any LazCoins or Vouchers on the Lazada platform shall not be considered as, or constitute, a reservation of any gifts, Products, or goods and products of any specific brands, for sale on the Lazada platform.

• Each Games session shall be unique to the User, and shall only be accessible to such User. Lazada shall be entitled at its sole discretion to determine the number of LazCoins, Vouchers, type of Vouchers (i.e. brands or platform Voucher), and/or gifts that any User shall be entitled to receive.
• Any LazCoin obtained and/or accumulated by a User from participation in the Games shall be exchangeable into Vouchers and/or gifts only during the time period specified by Lazada, while stock of the Vouchers and/or gifts lasts. LazCoins not exchanged within the time period specified by Lazada shall lapse and become void and of no further use.
• Any Vouchers obtained and/or accumulated by a User shall only be usable or claimable for discounts on Products, and goods and products of specific brands, offered for sale on the Lazada platform during the time period specified by Lazada. Vouchers not used or claimed within the time period specified by Lazada shall lapse and become void and of no further use.
• Lazada reserves the right to cancel any LazCoin or any Voucher awarded to a User, any Orders placed in connection with any Voucher, or any orders for gifts placed in connection with any LazCoin, that were obtained under or as a result of the Games where it determines in its sole and absolute discretion that such User has breached these Games Terms, the Terms of Use or the Terms & Conditions of Sale.
• The number of LazCoins required to exchange for any Voucher or gift, and the number or value of Vouchers required to claim any discount on any Product or good and product of any specific brand, as the case may be, shall be determined by Lazada and may change from time to time without notice.

5. User’s Obligations

• Each User acknowledges and agrees that:
• He or she shall comply with all applicable laws and regulations to the fullest extent when participating in the Games.
• He or she shall comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines) provided by sharing channels where such sharing channels are used to invite third parties to the Games, and such User shall not, as part of his or her participation in the Games, breach any of these terms.
• 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 Games whether to Lazada or third parties.
• You shall not participate in the Games or permit the participation in the Games in any manner which may adversely affect other customers' or Users’ participation in the Games or the goodwill or reputation of Lazada.
• You are responsible for complying with these Games Terms.
• 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.
• Where Lazada deems that a User has breached of any of these Games Terms, including fraudulently participating in the Games, Lazada reserves the right, at its sole and absolute discretion to:
• prevent or restrict access of any User to the Games in the aggregate or any of the Games, the LAZADA mobile app, or any of the Lazada Platforms;
• 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
• cancel any Orders placed during a User’s participation in the Games.
  
  

6. Data Collected by Lazada

• When you access or use the Games, we may collect information from you, which may include personal information such as photographs, name and username that you may upload, provide or use. Such personal information may also include your photographs, name and username from your non-Lazada account if you have accessed the Games using such other accounts (such as your social media account or other platform's account).
• Any personal information that we collect may be used by us, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for some or all of the following purposes:
• To display on scoreboards on the Platform (as defined in the Terms of Use) in relation to the Games; and/or
• To otherwise facilitate your use of the Games.
• For the avoidance of doubt, the Privacy Policy shall apply to all personal information referred to under these Games Terms.

7. Miscellaneous

• Any Clause in these Games Terms, the Terms of Use, the Standard Terms and Conditions, the Privacy Policy 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.
• Lazada reserves the sole right to alter, modify, add to or otherwise vary these Games 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 Games Terms, if you continue to participate in or use the Games thereafter, you shall be bound by the Games Terms as so amended and shall be deemed to have accepted the Games Terms as so amended.
• Lazada shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations under these Games Terms (or any part thereof) or in connection with the Games or for any inaccuracy, unreliability or unsuitability of the Games if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Lazada’s reasonable control.
• The laws of Malaysia shall apply and govern these Games Terms. Any dispute arising out of or relating to this Games 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 Asian International Arbitration Centre (“AIAC”) in Kuala Lumpur under the AIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Malaysia. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

Augmented Reality Emoji Games Terms and Conditions

1. Acceptance of Terms and Conditions and Interpretation

1.1. These Moji-Go Terms and Conditions (Moji-Go Terms") regulate the use of the Lazada augmented reality Emoji games available on the Platform (collectively, the “Moji-Go”) provided by Ecart Services Malaysia Sdn Bhd (“Lazada”) on Lazada’s websites and mobile applications. By participating in or playing Moji-Go, you, as an eligible User, agree unconditionally and irrevocably to be bound by, and shall be deemed to accept, these Moji-Go Terms in addition to the Terms of Use for the Platform, the Terms & Conditions of Sale, which are incorporated by reference into these Moji-Go Terms and the LazGame Terms and Conditions of Participation. 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. For the avoidance of doubt, "Games" as referred to in the LazGame Terms and Conditions of Participation shall include Moji-Go.

1.3. By participating in or playing any of Moji-Go, you acknowledge and agree that you will be giving us your personal data, which we will collect, use and/or disclose in accordance with our Privacy Policy and these Moji-Go terms. If you are a parent or guardian of a User who is a minor, you consent to our collection of your child or ward’s personal data which we will collect, use and/or disclose in accordance with our Privacy Policy and these Moji-Go terms.

1.4. IF YOU DO NOT AGREE TO THE MOJI-GO TERMS, OR ANY OF THE APPLICABLE TERMS AND CONDITIONS REFERRED TO ABOVE, PLEASE DO NOT PARTICIPATE IN OR PLAY MOJI-GO.

1.5. You affirm that you are more than 18 years of age, and are fully able and competent to enter into these Moji-Go Terms, and to abide by and comply with these Moji-Go Terms. If you are a parent or guardian of a User who is a minor, you affirm and acknowledge that you enter into these Moji-Go terms and conditions on behalf of your child or ward, are fully able and competent to enter into these Moji-Go Terms on their behalf, and that your child or ward shall abide by and comply with these Moji-Go Terms.

1.6. The following order of priority shall apply to the extent necessary to resolve any conflict or inconsistency in the various terms and conditions:

(a) These Moji-Go Terms;

(b) The LazGame Terms and Conditions of Participation;

(c) The Terms of Use;

(d) The Privacy Policy; and

(e) The Terms and Conditions of Sale.

1.5 In these Moji-Go Terms:

(a) “Content” includes any sound, sound sequences, music, text, still picture, photo, moving picture, video, 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 or download from the Platform, or upload to the Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, User Submitted Content;

(b) "Emoji" means a small digital image or icon used to express an idea or emotion.

(c) “Intellectual Property Rights” means all rights of the following types, which may exist or be created under the laws of any jurisdiction in the world:

(i) Rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask works;

(ii) Trademark and trade name rights and similar rights;

(iii) Trade secret rights;

(iv) Other proprietary rights in intellectual property of every kind and nature; and

(v) All registrations, renewals, extensions, continuations, divisions, or reissues of, and applications for, any of the rights referred to in this sub-clause;

(d) “User Submitted Content” means the Content submitted by Users to the Platform via your participation in or play of Moji-Go;

(e) “Platform” has the meaning given to it as set out in the Terms of Use;

(f) “Prohibited Content” means the prohibited content set out in Clause 5.2;

(g) “User” means any user of the Platform.

1.6 We may amend, revise, update or modify of these Moji-Go 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.

1.7 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 Platform or the Games, and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal prevents you from participating in or playing Moji-Go.

2. Participating in or playing Moji-Go

2.1. In order to participate in or play any of Moji-Go, you will be required to provide the Platform with certain permissions to use various services and features of your device, including but not limited to your mobile device's camera. Failure to provide the necessary permissions may result in you not being able to participate in or play Moji-Go.

2.2. You must exercise caution and maintain an awareness of your surroundings when participating in or playing Moji-Go, as hazards may exist in your immediate environment that may not be detectable via the Platform during your participation or play of Moji-Go.

2.3. Lazada accepts no responsibility if you are unable to participate in or play any of Moji-Go under all circumstances, including but not limited to the following:

(a) Environmental conditions;

(b) Failure by you to provide the Platform access to the various services and features of the mobile device required for Moji-Go to operate correctly;

(c) Incorrect operation of Moji-Go or the mobile device by you;

(d) Any restrictions to access by Lazada to any Content.

3. Intellectual Property

3.1. In the course of participating in or playing Moji-Go, Content recorded in the course of such participation or play will be uploaded to our Platform. You agree that by participating in or playing Moji-Go, you assign to Lazada all your rights, titles and interest in and to the Content, including any Intellectual Property Rights.

3.2. Without prejudice to Clause 3.1, you represent and warrant that you have obtained all necessary licences and permissions in relation to the use of the Content according to these Moji-Go Terms.

3.3. Upon your assignment at Clause 3.1, Lazada grants to you a worldwide, royalty-free, non-sub-licensable and non-transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute the Content on other social media sites, or on such other medium as Lazada may agree to in writing.

4. Personal information

4.1. When you participate in or play the AR Emoji Games, we collect and/or use information from you, which may include personal information such as videos of yourself and/or any other persons featured in the videos, your name, username and profile picture that you may upload, provide or use and biometric data including facial and other bodily features and voice.

4.2. Any personal information that we collect may be used by us, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for some or all of the following purposes:

(a) To display your User Submitted Content, name, username and profile picture for other Users to view, upon your upload of your video;

(b) To display your name, username and profile picture on scoreboards on the Platform in relation to the AR Emoji Games;

(c) To derive further attributes relating to you based on personal data provided by you, in order for Lazada to provide you with more targeted and/or relevant information; and/or

(d) To otherwise facilitate your use of the AR Emoji Games.

4.3. For the avoidance of doubt, the Privacy Policy shall apply to all personal information referred to under these AR Emoji Games Terms.

4.4. By uploading Content containing any third party personal information, you represent and warrant that you have obtained all necessary consents, licenses and permissions in relation to the use of the Content according to these AR Emoji Games Terms.

4.5. You recognise that when you upload Content onto third party platforms such as social media platforms, the policies and terms of the relevant third party platform may apply. You further recognize that Lazada is in no way responsible for your upload of Content onto third party platforms.

5. Prohibited Content

5.1. You agree not to upload or otherwise make available any Prohibited Content.

5.2. Prohibited Content includes content in breach of law, public interest, public morality, public order, public security, national harmony or harmony between groups of people. Without prejudice to the generality of the foregoing, Prohibited Content includes and is not limited to the following:

(a) Defamatory content;

(b) Content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech;

(c) 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;

(d) Content which is unsuitable for users aged 18 and below;

(e) Content promoting terrorism or terror-related activities;

(f) Content involving derogatory references to physical, mental or sensory disability;

(g) Content which encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropics or other addictive substances;

(h) 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;

(i) Content involving gambling, such as games, lotteries, horse-racing, sports betting, astrology, geomancy, palm reading or any other type of fortune-telling device;

(j) Content involving minors without the written consent of such minor’s parent or legal guardian;

(k) Content relating to or promoting content prohibited or banned under any law;

(l) Content which infringes Intellectual Property Rights or causes confusion on the relationship with other organisations or individuals;

(m) Content involving the impersonation of organisations or individuals without such organisations’ or individuals’ written consent;

(n) Content violating data protection laws or intellectual property laws;

(o) Content which is misleading, false or deceptive; and

(p) Content which involves the use of physical stunts which carry the risk of injury or damage to property or persons.

5.3. We do not permit copyright infringing activities and infringement of Intellectual Property Rights on the Platform. 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 and our Intellectual Property Rights Policy.

5.4. We reserve the right to classify Content as Prohibited Content at our sole discretion, and to remove any Prohibited Content without prior notice to you or providing any reason for such removal.

5.5. 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 Prohibited Content.

6. Specific User Conditions For User Submitted Content

6.1. You must ensure that all persons appearing in your User Submitted Content comply with these Moji-Go Terms, including refraining from producing or contributing to produce Prohibited Content.

6.2. You will be liable for the acts, defaults and neglects of all persons (including yourself) appearing in your User Submitted Content for any Prohibited Content they produced or contributed to produce, as if they were the acts, defaults or neglects of yours, and will remain at all times principally responsible to us for its obligations under these Moji-Go Terms.

6.3. You shall not record a video in sensitive locations, which include but are not limited to religious buildings or areas, hospitals, cemeteries, childcare centres, schools or government buildings.

7. Liability

7.1. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, Moji-Go or use of or reliance on any content displayed on Moji-Go.

7.2. Unless expressly authorized or licensed by Lazada, you agree not to use Moji-Go for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

7.4 You agree to defend, indemnify and hold Lazada, our affiliates and authorised 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 these Moji-Go Terms and/or LazGame Terms and Conditions of Participation, and/or any breach of warranty and representation by you.