1. Introduction 1.1 Welcome to the Lazada platform ("Site"). Before using this site or opening a platform account ("Account"), please read the following Terms of Service carefully so that you understand your legal rights and obligations", "we", "us" or "our"). For purposes of these Terms of Service, "affiliate" means, with respect to an entity, Any entity under common control of entities, where "control" means the direct or indirect possession, power to direct or cause the direction of the management, operating policies or assets of that entity, whether through ownership of more than 50% of the voting or equity securities or assets, whether by contract, management agreement, voting trust, or otherwise; provided that the term "affiliate" shall include any variable interest entity, regardless of whether any variable interest entity may or is required to consolidate with such entity under generally accepted accounting principles. We provide or The "Services" provided include (a) this website, (b) the services provided by this website and the Lazada client software provided through this website, and (c) all information, linked pages, functions, data, text, images, photographs, graphics, music, sound, video (including live streams), messages, tags, content, programs, software, application services (including but not limited to any mobile application services) or other materials made available through the Site or related services ("Content"). Any new features added to or enhanced by the Services are also governed by these Terms of Service. These Terms of Service apply to your use of the Services offered by Lazada. 1.2 The Services include online platform services that provide a venue and opportunity for the sale of goods between a buyer (“Buyer”) and a seller (“Seller”) (collectively, “you”, “User” or the “Parties”). The actual contract of sale is entered into directly between buyer and seller, and Lazada is not a party to that contract or any other contract between buyer and seller, and disclaims any obligation in connection with any such contract. The parties to such transactions will be fully responsible for the sales contract, merchandise list, purchase guarantee, etc. between them. Lazada does not participate in transactions between users. Lazada may or may not pre-screen users or user-provided content or information. Lazada reserves the right to remove any content or information you post on the Site pursuant to Section 6.4 hereof. Lazada cannot ensure that users will actually complete the transaction. 1.3 Before becoming a user of this website, you must have read and accepted all of the terms and conditions in these Terms of Service and all terms and conditions linked thereto, and you must agree to the processing of your personal information as described in the Privacy Policy linked here personal data. 1.4Platform reserves the right to change, modify, suspend or discontinue all or any part of the Site or the Services at any time or with notice as required by local law. Lazada may release certain services or their features in beta versions, which may not work correctly or in the same way as the final version, in which case we will not be liable. Lazada may also, in its sole discretion, impose limitations on certain features or limit your access to some or all of the Sites or Services without notice or liability. 1.5 Platform reserves the right to refuse to provide you with access to the Site or Services or to allow you to open an account for any reason. By using the Platform Services or opening an account, you irrevocably accept and agree to the terms of this agreement, including those additional terms and conditions and policies referenced and/or linked herein. If you do not agree to these terms, please do not use our services or visit this site. If you are under the age of 18 or under the legal age of consent to this Agreement under applicable law in your country ("Legal Age"), you must have permission from a parent or legal guardian to open an Account, and that parent or legal guardian Guardians must agree to the terms of this agreement. If you do not know whether you are of legal age or do not understand this section, please do not create an account without first seeking assistance from your parent or legal guardian. If you are the parent or legal guardian of a minor who is creating an account, you must accept the terms of this agreement on behalf of the minor, and you will be responsible for all use of that account or Company services using that account, regardless of Whether it is currently open or created later. 2. Privacy 2.1 AtPlatform , your privacy is very important to us. To better protect your rights, we provide the Lazada Privacy Policy to explain our privacy practices in detail. Please review the Pr Privacy Policy to understand how Lazada collects and uses information related to your account and/or your use of the Service ("User Information"). By using the Services or providing information on the Site, you: (i) consent to the collection, use, disclosure and/or processing of your Content, Personal Data and User Information by Lazada as described in the Privacy Policy; (ii) agree and acknowledge that ownership of your User Information is jointly owned by you and Lazada; and (iii) not directly or indirectly disclose your user information to any third party or otherwise allow any third party to access or use your user information without the prior written consent of Lazada. 2.2 Users who, through use of the Services, possess another User's personal data (“Recipient”) hereby agree that they will (i) comply with all applicable personal data protection laws in relation to any such data; (ii) allow the Recipient to collect their the user of the personal data (“disclosing party”) deletes the data it collects from the receiving party’s database; (iii) in each case of (ii) and (iii) above, allows the disclosing party to review the receiving party’s What information about them is collected where required by applicable law. 3. Limited License 3.1 Lazada grants you a limited and revocable license to access and use the Services in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed on the Site are the property of Lazada and, as applicable, third-party owners identified on the Site. No right or license is granted, directly or indirectly, to any party accessing this site to use or reproduce any intellectual property rights, and no party accessing this site may assert any right, title or interest therein. By using or accessing the Services, you agree to abide by the copyrights, trademarks, service marks and all other applicable laws protecting the Services, the Site and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works from the Services, the Site, or any portion of its content. You also may not mirror or frame any part or all of this website on any other server or as part of any other website without our prior written consent. In addition, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content without our prior written consent (for standard search engine technology employed by Internet search sites, such consent deemed to have been given to direct Internet users to this site). 3.2 You are welcome to link to this website from your website, provided that your website does not imply any endorsement or association by Lazada. You acknowledge that Lazada may, in its sole discretion, discontinue providing some or all of the Services at any time without notice. 4. Software Any software we provide to you as part of the Services is subject to these Terms of Service. Lazada reserves all rights in the Software not expressly granted to Lazada hereunder. Any third-party scripts or code linked to or referenced from the Services are licensed to you by the third party owning such scripts or code, not Lazada. 5. Account and Security 5.1 Certain features of our Services require registration for an account by selecting a unique user identification (“User ID”) and password and providing certain personal information. Lazada reserves the right to suspend or terminate your account if you select a user ID that Lazada, in its sole discretion, deems objectionable or inappropriate. You may use your account to access other products, websites or services that we allow access to or that are tied to or partnered with us. Lazada has not reviewed, and is not responsible for, any third-party content, functionality, security, services, privacy policies, or other practices of those products, sites, or services. If you do so, the terms of service of those products, sites or services, including their respective privacy policies, which differ from these terms of service and/or our privacy policy, may also apply to your use of those products, sites or services . 5.2 You agree to (a) keep your password confidential and use only your user ID and password when logging in, (b) ensure that you log out of your account at the end of each session on the Site, (c) notify Lazada immediately Mall for any unauthorized use of your account, user ID and/or password, and (d) keep your account information accurate and up to date. You are solely responsible for all activities that occur under your user ID and account, even if such activity or use is not your own. Lazada will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this section. 5.3 You agree that Lazada may, in its sole discretion, immediately terminate or suspend your account and your User ID for any reason, with or without notice to or liability to you or any third party, from Delete or discard any content on the Site related to your account and user ID, withdraw any subsidy provided to you, cancel or suspend any transactions related to your account and user ID, temporarily or in more serious cases withhold permanently proceeds or refunds of any sale, and/or take any other action that Lazada deems necessary. Reasons for such action may include, but are not limited to, actual or suspected (a) prolonged inactivity, as determined by us from time to time, (b) violation of The letter or spirit of these Terms of Service, (c) unlawful, fraudulent, harassing, defamatory, threatening, or abusive conduct (d) having multiple user accounts, (e) purchasing products on the Site for commercial resale, (f) purchasing from Unusual or excessive purchases of product sellers or groups of related sellers on the same site, (g) misuse of vouchers (including, but not limited to, selling vouchers to third parties, selling vouchers or other credits at a significant markup above face value, and/or unusual or excessive use of Coupons on the Site), or (h) conduct that is harmful to other users, third parties, or Lazada's commercial interests. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement without notice. In the event of a legal dispute or commencement of enforcement action relating to your account or your use of the Services for any reason, Lazada may terminate your account immediately, with or without notice. 5.4 Users may terminate their account if they notify Lazada in writing (including by whatsapp app) that they wish to do so. Notwithstanding any such termination, the user shall remain responsible for any outstanding transactions (whether commenced before or after such termination), product shipments, product payments, etc. The terms of service effectively proceed and complete all outstanding transactions. Lazada disclaims all responsibility and will not be liable for any damages resulting from actions taken under this section. User waives any and all claims based on any such actions taken by Lazada. 5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries as updated by us from time to time.
6. Terms of use 6.1 The license to use the Site and Services is valid until terminated. This license will terminate in accordance with the provisions of these Terms of Service, or if you fail to comply with any term or condition of these Terms of Service. In any such event, Lazada may effect such termination with or without notice to you. 6.2 You agree not to: (a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, defamatory, invasive of another's privacy, hateful or racially discriminatory, in racially or otherwise objectionable; (b) violate any laws, including without limitation any laws and regulations relating to import or export restrictions, rights of third parties, or our Prohibited and Restricted Items Policy; (c) upload, post, transmit or otherwise make available any content featuring unsupervised minors, or use the Services to harm minors in any way; (d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to obscure the origin of any Content transmitted through the Services; (f) remove any proprietary notices from the website; (g) cause, permit or authorize modification, creation of derivative works or translation services without the express permission of Lazada; (h) use the Services for the benefit of any third party or in any manner not permitted by the licenses granted herein; (i) use the Services or upload Content in a fraudulent, unconscionable, false, misleading or deceptive manner; (j) open and/or operate multiple User Accounts in any way that violates the letter or spirit of these Terms of Service; (k) use any unofficial Lazada hardware or software (including, without limitation, emulators, emulators, robots, or other similar hardware or software) to access the Lazada Platform, open a user account, or otherwise access your user account; (l) manipulate the price of any item or interfere with other users' listings; (m) take any action that may disrupt the feedback or rating system; (n) attempt to decompile, reverse engineer, disassemble or hack the Service (or any part thereof), or break or defeat any encryption or security implemented by Lazada with respect to the Service and/or data transmitted, processed or stored Measure through Lazada; (o) obtain or collect any information about other account holders, including without limitation any personal data or information; (p) upload, email, post, transmit or otherwise make available any Content that you are not entitled to under any law or contractual or fiduciary relationship (for example as an employment relationship or under a non-disclosure agreement); (q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," ” or any other unauthorized form of solicitation; (s) upload, email, post, transmit or otherwise make available any computer code, routine, file that contains software viruses, worms, Trojan horses, or any other computer code, routine, or file designed to interfere, manipulate, interrupt, or destroy, directly or indirectly or program material to limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment; (t) disrupt the normal flow of conversation, cause screens to "scroll" faster than other users of the Service are able to type, or otherwise negatively affect other users' ability to participate in real-time communications; (u) interfere with, manipulate or disrupt the Service or servers or networks connected to the Service or any other user's use and enjoyment of the Service, or violate any requirements, procedures, policies or regulations of networks connected to the Site; (v) take any action or engage in any conduct that may directly or indirectly damage, disable, overload or impair the Service or servers or networks connected to the Service; (w) use the Services, intentionally or unintentionally, in violation of any applicable local, state, national or international laws, rules, guidelines, directives, guidelines, policies or regulations, including but not limited to laws and requirements (whether or not having the force of law) and related to anti-money laundering or anti-terrorism; (x) use the Services to violate or circumvent any sanctions or embargoes imposed or enforced by the U.S. Treasury Department’s Office of Foreign Assets Control, the United Nations Security Council, the European Union, or the U.K. Treasury Department; (y) use the Services to violate the privacy of others or to "stalk" or otherwise harass others; (z) violate the rights of Lazada, including any intellectual property rights and any impersonation thereof; (aa) use the Services to collect or store other users' personal data in connection with the above prohibited conduct and activities; (bb) list items that infringe the copyrights, trademarks or other intellectual property rights of third parties, or use the Services in a manner that infringes the intellectual property rights of others; and/or (cc) instruct or encourage other users to conduct transactions outside of this website. 6.3 You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you (and not Lazada) are solely responsible for all content that you upload, post, email, transmit or otherwise make available through this site. You understand that by using this site, you may be exposed to content that you find offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances will Lazada be liable for any content, including without limitation, any errors or omissions in any content, or for any loss or damage of any kind arising from the use of or reliance on Anything posted, emailed, transmitted or otherwise made available on the Site. 6.4 You acknowledge that Lazada and its designees have the right (but not the obligation) to pre-screen, reject, delete, stop, suspend, delete or move any content in their sole discretion, including but not limited to any content or information posted by you, available in this use on the website without any liability to you. Without limiting the foregoing, Lazada and its designees reserve the right to remove any content that (i) violates these Terms of Service or your Prohibited and Restricted Items Policy; (ii) if we receive complaints from other users; (iii) ) if we receive a notice or allegation of intellectual property infringement or other legal direction or request to remove; (iv) if such content is otherwise objectionable. As part of our efforts to protect the Service or our users, or otherwise enforce the provisions of these Terms, we may also block communications (including, but not limited to, status updates, posts, messages and/or chats) sent to or from the Service ) terms and Conditions. You agree that you must evaluate and bear all risks associated with the use of any content, including without limitation any reliance on the accuracy, completeness or usefulness of such content. In this regard, you acknowledge that you have not, and to the maximum extent permitted by applicable law, shall not rely on any content created by or submitted to Lazada by Lazada, including but not limited to information in the Lazada Forums and all other parts of the Site. 6.5 You acknowledge, agree and agree that Lazada may access, save and/or disclose your account information and content to any legal, regulatory or government agency, relevant rights holders or other third parties as required by law, pursuant to a court order or Any lawful request of any governmental or regulatory agency having jurisdiction over Lazada, or the good-faith belief that such preservation or disclosure of access is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates third party rights, including intellectual property rights; (d) respond to your customer service requests; (e) protect the rights of Lazada, its users, and/or the public , property or personal safety. 7. Violation of our Terms of Service 7.1 Violation of this Policy may result in a range of actions, including but not limited to any or all of the following: ⦁ List removal ⦁ Account permission restrictions ⦁ Account suspension and subsequent termination ⦁ Criminal charges ⦁ Civil litigation, including but not limited to claims for damages and/or interim or injunctive relief 7.2 If you believe that a user on our website has violated these Terms of Service, please contact Online Customer Service 8. Reporting Intellectual Property Infringement 8.1 As stated above, Lazada does not permit listings that infringe the intellectual property rights of brands or other intellectual property owners (“IP Owners”). 8.2 Unless expressly stated otherwise, users are independent individuals or businesses who are not affiliated with Lazada in any way, and Lazada is neither an agent nor a representative of users nor does it hold and/or own any merchandise sold. Place. 8.3 If you are an Intellectual Property Owner or a duly authorized agent of an Intellectual Property Owner (“Intellectual Property Attorney”) and you believe that your rights or those of your principal have been violated, please submit an online submission at online service and provide us with the following required documents to support your claim. Please allow us time to process the information provided. Lazada will respond to your complaint as soon as practicable. 8.4 Complaints under this Section 8 must be made in the form prescribed by Lazada, which form may be updated from time to time, and must include at least the following: (a) the Intellectual Property Owner or Intellectual Property Agent (collectively, the "Line person”); (b) a description of the type and nature of the intellectual property rights allegedly infringed, and evidence of entitlement; (c) a description of the nature of the alleged infringement, with sufficient detail to enable Lazada to evaluate the complaint; (d) The URL containing the listing that is allegedly infringing; (e) sufficient information to allow Lazada to contact the whistleblower, such as the whistleblower's physical address, phone number, and email address; (f) the whistleblower's statement that the complaint is made in good faith and that the whistleblower use of the identified intellectual property is not authorized by the owner of the intellectual property or the law; (g) the whistleblower represents that the information in the notice is accurate and that the whistleblower will indemnify us for any damages we may suffer as a result of the information provided by the whistleblower, and The Whistleblower has appropriate rights or authority to represent the intellectual property owner in all matters related to the Complaint. 8.5 Lazada acknowledges that Manufacturers have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for their products. However, breach of such agreement does not constitute infringement of intellectual property rights. Because enforcement of these agreements is a matter between the manufacturer and the seller, Lazada does not assist in such enforcement activities, nor enforce exclusive distribution rights or price control matters, except under laws specifically governing selective or exclusive distribution. within the country of . 8.6 Each Seller agrees to hold Lazada and its affiliates harmless from and against all claims, causes of action, damages and judgments arising out of any claim of intellectual property infringement or any removal of any content or product listings in connection therewith. 9. Purchase and payment 9.1 Lazada supports one or more of the following payment methods in each country in which it operates: (i) credit card Credit card payments are processed through third party payment channels, the types of credit cards accepted by these payment channels may vary depending on your jurisdiction. (ii) Installment Purchase Plan For orders above $200, buyers can pay in installments. Installment payments are processed through third-party channels. Banks that currently support installment payments include UOB, BOA, OCBC and DBS. 9.2 Buyers can only change their preferred payment method for purchases prior to payment. 9.3 Lazada shall not be liable for any loss or damage incurred by the Buyer as a result of payment for the purchased goods due to the Shipping and/or payment information entered by the Buyer or incorrect remittance by the Buyer. We reserve the right to check that the buyer is duly authorized to use certain payment methods and may suspend transactions until such authorization is confirmed or cancel the relevant transaction if such authorization cannot be obtained.
10. Seller's balance 10.1 Your Account allows the storage of monies you receive from proceeds from sales made on the Platform (“Seller Balance”). The sum of this money, less any withdrawals, will reflect your seller balance. 10.2 You may submit a transfer request (“Withdrawal Request”) up to once per day to transfer funds from your Seller Balance (up to the balance of your Seller Balance) to your linked bank account (“Linked Account”). Lazada may also periodically, at Lazada's discretion, automatically transfer funds from your seller balance to your linked account. Lazada can only process such transfers on business days and it may take up to two business days for such transfers to be credited to your linked account. Lazada can only pay sellers by bank transfer. Therefore, sellers need to provide Lazada with their bank account details in order to receive payment from their seller balance. 10.3 Sellers are entitled to one (1) free withdrawal request per week (“Weekly Withdrawal Limit”). Lazada may charge a fee of $0.20 (“Withdrawal Fee”) for each additional withdrawal request above the weekly withdrawal limit. Weekly withdrawal limits and withdrawal fees are subject to change at Lazada's sole discretion. 10.4 Payments made by you for items sold on Lazada shall be credited to your seller balance within three (3) days of delivery of the items to the buyer or immediately after the buyer confirms that they have received the items. 10.5 Once submitted, you may not amend or cancel a withdrawal request. 10.6 In the event of an error in processing any Transaction, you authorize us to debit or credit your nominated bank account to correct such error, provided any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your nominated bank account for any reason, you authorize us to resubmit the debit, together with any applicable charges, to any other bank account or payment instrument you have on file with us, or to deduct the debit and applicable charges in the future Deducted from your seller balance. 10.7 You authorize us to debit or credit your seller balance: (i) correct any error in the processing of any transaction; (ii) Lazada determines that you have engaged in fraudulent or suspicious activity and/or transactions; (iii) in connection with any lost, damaged or incorrect items; (iv) in connection with any incentives or rebates; (v) in relation to any uncollected fees; (vi) in connection with the resolution of any transaction disputes, including any compensation due to or from you; (vii) in relation to any prohibited item or item held by customs; (viii) in relation to any change of mind agreed upon by the buyer and seller; and (ix) Purchase advertising credits when you activate the advertising credit top-up function and your advertising credits have fallen below the minimum amount of your advertising credits. 10.8 If your account has been terminated, deactivated or suspended in accordance with these Terms of Service, or if your account remains inactive for such duration as Lazada may specify from time to time, we reserve the right to manage any remaining seller balance in your account Fee. The amount and frequency of such charges shall be specified by Lazada from time to time.
11. Shopping payment 11.1 If you have both a Lazada Account and a Lazada Pay Pte Account. Ltd. (“LazadaPay”), you authorize Lazada to disclose such information to Lazada Pay in order for LazadaPay to provide Services (as defined in the Lazada Pay Terms of Service) to you, including without limitation any payment related to your account details. 12. Store Guarantee 12.1 The Lazada Guarantee is a service provided by Lazada or its authorized agents to insure purchases. To avoid the risk of liability, payments for purchases from sellers using the Services will be held by Lazada or its authorized agents ("Lazada Guaranteed Account"). Sellers do not receive interest or other income on payments you make to your Lazada Secured Account. 12.2 After the Buyer has paid for his/her order (“Buyer’s Purchases”), the Buyer’s Purchases will remain in the Lazada Secured Account until: (a) Buyer sends Lazada an acknowledgment that Buyer has received his/her item, in which case, unless 12.2(d) applies, Lazada will release Buyer's purchase price (less Seller's shipping charges Scale (if applicable), Fees and Taxes (defined below) on transactions to Seller’s Lazada Guaranteed Account, and (if applicable) Cross Border Fees (defined below); (b) the Lazada Warranty Period (or any extension approved under 12.3) expires, in which event, unless 12.2(c) or 12.2(d) applies, Lazada will release the Buyer's purchase monies (less Seller's shipping percentage (if applicable), transaction fees and taxes (as defined below), and (if applicable) cross-border fees (as defined below) in the Lazada Secured Account); (c) Lazada determines that the Buyer's return and/or refund request was successful, in which case, unless 12.2(d) applies, Lazada will refund the Buyer in accordance with the Refunds and Returns Policy; (d) other times as reasonably determined by Lazada to allocate Buyer's purchase monies (less Seller's shipping percentage (if applicable), transaction fees and taxes (defined below), and (if applicable) cross-border fees (defined below) ) is appropriate, including without limitation where it deems reasonably necessary to comply with applicable law or court order or to enforce these Terms of Service. The Lazada Guarantee is only available to buyers who pay to the Lazada Guarantee Account through channels provided by Lazada. Offline arrangements between buyers and sellers are not covered by the Lazada Guarantee. 12.3 Payments made through the Lazada Channels will be held in the Lazada Guarantee Account for a specified period of time (“Lazada Guarantee Period”). To learn more about the Lazada Guarantee Period, click this link. Buyers may request a one-time extension of the Lazada Warranty prior to the expiration of the applicable Lazada Warranty, subject to the Refund and Return Policy. At the Buyer's request, the Lazada Warranty Period may be extended by up to three (3) days, unless a longer extension is appropriate or required in Lazada's sole discretion. 12.4 If for any reason the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Lazada will use reasonable efforts to contact the Seller using the contact details provided by the Seller. If the seller cannot be contacted and the buyer's purchase monies remain unclaimed for more than twelve (12) months after they are due by the seller, Lazada will process such unclaimed buyer's purchase monies in accordance with any applicable laws. 12.5 The seller/buyer must be the beneficial owner of the account and transact on the site only on his or her own behalf. Lazada may ask a seller or buyer to provide his or her personal data such as a recent photo of ID, bank account details and/or any other such necessary documents for verification purposes, including third party payment processing and Verification required by logistics service provider. The seller/buyer hereby consents to Lazada using or providing his/her personal data to third parties to facilitate his/her use of the site. In addition, the seller/buyer authorizes Lazada to use his/her personal data to make any inquiries we deem necessary to verify his/her identity with the appropriate entity (such as his/her bank). For more information on how Lazada handles your personal information, please visit our Privacy Policy page. 12.6 The Lazada Guarantee is in addition to, but not limited to, the obligations of Buyer and Buyer under applicable law and may go beyond what is stated. Guaranteed by Lazada. Lazada warrants that it is neither intended nor intended to assist Buyer or Seller in complying with its own legal obligations, for which each party will be solely responsible and Lazada disclaims any liability in connection therewith. The Lazada Guarantee does not constitute a product warranty, but is not limited to it. 12.7 Buyer and Seller acknowledge and agree that the decision of Lazada on any matter relating to the Lazada Guarantee (including any appeals) is final. 12.8 For the avoidance of doubt, any transactions not conducted on this website will not qualify for the protection provided by the Lazada Guarantee. 13. Lazada COIN reward system 13.1 Users may earn loyalty points (“Lazada Coins”) by purchasing merchandise on the Site using the Lazada Guarantee System or by participating in other Lazada activities (“Eligible Activities”) as determined by Lazada from time to time based on determined conversion rates At the sole discretion of Lazada. Generally, Lazada Coins will be credited to a user's account upon successful completion of a Lazada-approved transaction or activity. You are eligible to participate in the LazadaCoins rewards system if you are a user and your account does not exclude you from participation. 1 Users may earn loyalty points (“Lazada Coins”) by purchasing merchandise on the Site using the Lazada Guarantee System or by participating in other Lazada activities that Lazada may determine from time to time based on conversion rates in Lazada’s sole discretion (“Lazada Coins”) Eligible Activities"). Generally, Lazada Coins will be credited to a user's account upon successful completion of a Lazada-approved transaction or activity. You are eligible to participate in the Lazada Coins rewards system if you are a user and your account does not preclude you from participating. 13.2 Transactions completed on the Site without using the Lazada Guarantee are not eligible for the Lazada Coin Rewards system. Lazada may, in its sole discretion, exclude product categories from the Lazada Coins reward system. 13.3 Lazada Coins have no monetary value, do not constitute your property, and cannot be bought, sold, transferred or exchanged for cash. 1 Lazada Coins loaned to buyers have no monetary value, do not constitute the property of buyers, and cannot be bought, sold, transferred or exchanged for cash by buyers. 13.4 Subject to the Lazada rules and regulations as determined, changed or modified by Lazada from time to time, subject to any caps imposed by Lazada in its sole discretion, Users may redeem or donate Lazada Coins by sending a request to Lazada and using Lazada Coins pursuant to Lazada Suggestions from time to time, donating to charities registered with Lazada or offsetting the purchase price of selected items when shopping on the site (as applicable). All refunds will be subject to Lazada's Refund and Return Policy in accordance with clause 16.4. 13.5 Lazada Coins redeemed or donated by you will be deducted from your Lazada Coin balance. Every Lazada Coin has an expiration date. Be sure to check your account details on the website for your Lazada Coin balance and expiration date. 13.6 We may tell you from time to time that certain Qualifying Events will award Lazada Coin rewards. This may include, but is not limited to, purchases you make at participating sellers or under certain promotional offers. We will notify you from time to time of the terms of such bonus awards, if any. 13.7 If you dispute the amount of Lazada Coins you earned as a result of a Qualifying Event, such dispute must be filed within one (1) month of the date of the Qualifying Event. We may ask you to provide evidence to support your claim. 13.8 Lazada makes no guarantees and assumes no responsibility for the final tax treatment of Lazada Coins. You will need to consult with your tax advisor to determine whether receiving Lazada Coins will affect your tax situation. 13.9 Lazada reserves the right to: (i) terminate the Lazada Coins reward system at any time in its sole discretion, and/or (ii) cancel or suspend users’ right to participate in the Lazada Coins reward system, including the ability to earn and redeem Lazada Coins, L. 14. Lazada COIN marketing service 14.1 Sellers may purchase Lazada Coins in the "Marketing Center" section of Seller Central ("Marketing Center") for free distribution to buyers for marketing purposes. If you are a seller purchasing Lazada Coins, you will be deemed to have agreed to the terms and conditions described in this section, as well as any explanatory materials communicated to sellers in writing on this site, in Seller Central, or otherwise (“ Seller Coins Rules"). 14.2 For purchaseLazada coin, you must be a qualified seller under the seller coin rules. Your account may not be suspended for editing while you purchase and pay for Lazada Coins. 14.3 You can purchase Lazada coins through the payment methods stipulated in the marketing center. Lazada Coins will be released to your account within 24 hours of payment to be credited to the buyer and will expire six (6) months after purchase or such other time as Lazada may determine. Once you have purchased Lazada Coins and completed the payment process, you may not cancel your order and/or request a refund, unless otherwise provided in the applicable Seller Coins rules. 14.4 The Lazada coins purchased by the seller can only be given to buyers for free through the promotion channels provided by the marketing center. Under no circumstances may you sell, redeem or otherwise trade Lazada Coins. You agree that, in addition to any other action or remedy that Lazada may take or enforce, failure to comply with this section or any Seller Coin Rules may, without limitation, result in the forfeiture of Lazada Coins purchased by you. 14.5 You understand and agree that Lazada does not guarantee or warrant that the ratings or sales of your listings will increase as a result of purchasing and distributing Lazada Coins without compensation. 14.6 It is recommended that you purchase Lazada coins after fully considering your budget and expected advertising goals. Except as otherwise provided in these Terms of Service or the Seller Coin Advertisement Rules, Lazada disclaims any compensation or liability (including but not limited to actual costs and lost profits) for the results of purchases or expected results of Lazada Coins. 14.7 If, notwithstanding anything in these Terms of Service, a court of competent jurisdiction finds that Lazada is liable (including gross negligence) for your purchase of Lazada Coins, then to the maximum extent permitted by applicable law, it will be liable to you or any third party The third party's liability is limited to the amount you paid for the relevant Lazada Coin. 15. Lazada COIN Cashback Voucher 15.1 Users may receive a voucher entitling them to additional Lazada Coins (“Lazada Coin Cash Back Coupons”) when they make Eligible Purchases on the Site. Upon completion of a successful transaction using a Lazada Coin Cash Back Coupon, additional Lazada Coins will be credited to the user's account at the exchange rate indicated in the terms and conditions of such Lazada Coin Cash Back Coupon (“Additional Lazada Coins rates") or at the sole discretion of Lazada. Lazada Coins credited to a user upon redemption of a Lazada Coin Cash Back Voucher shall be subject to the same terms and conditions as regular Lazada Coins (including those relating to expiration). 15.2 Lazada may allow Sellers to generate their own Lazada Coin Cash Back Vouchers (each a “Seller Coin Cash Back Voucher”) that Buyers may use towards eligible purchases from Seller’s Store. If you are the seller generating the Seller Coin Cashback Voucher, you will be deemed to have agreed to the terms and conditions stated in this section. 15.3 When generating Seller Coin Cashback Voucher, the additional Lazada Coins rate will be determined by the seller. Sellers are solely responsible for the accuracy of the rates attached to Lazada Coins. 15.4 For each completed transaction in which the Buyer successfully uses the Seller Coin Cashback Voucher, the Seller shall pay Lazada the value of the additional Lazada Coins credited to the Buyer (“Coin Cashback Price”). Coin Cashback prices are calculated in Dollars and are the number of additional Lazada Coins credited to the buyer's account divided by 100, rounded to the nearest cent. Coin Cashback prices are subject to GST (“Coin Cashback Tax”) and the seller is responsible for such Coin Cashback Tax. 15.5 After the transaction is successful, Lazada will deduct the Coin Cashback Price and Coin Cashback Tax Amount from the buyer's purchase, and remit the balance to the seller according to Article 12.2. Lazada shall issue receipts or tax invoices for Coin Cashback Price and Coin Cashback Tax Amount upon request. For the avoidance of doubt, Coin Cashback prices and Coin Cashback tax amounts apply in addition to the transaction fees and taxes under the Terms of Service. 15.6 Coin Cashback prices and Coin Cashback taxes are non-refundable.
16. Delivery 16.1 Lazada will notify the Seller when Lazada has received payment from the Buyer for the purchase. Unless otherwise agreed with Lazada, the seller shall make the necessary arrangements for the delivery of the purchased goods to the buyer and provide the buyer with details such as the name of the delivery company, tracking number, etc. through the website. 16.2 Seller must use best endeavors to ensure that Buyer receives purchased items within the Lazada Guarantee Period or ti (whichever is applicable) for the period specified by Seller on the Seller Listing (for offline payments). 16.3 The User understands that the Seller bears all risks in the delivery of the Purchased Goods and warrants that he/she has or will obtain sufficient insurance to deliver the Purchased Goods. If a purchased item is damaged, lost or not delivered during delivery, the user acknowledges and agrees that Lazada will not be responsible for any damages, charges, costs or expenses resulting therefrom and that the seller and/or buyer will contact the logistics service provider to resolve such disputes. 16.4 For cross-border transactions. The user understands and acknowledges that if the product listing indicates that the product will be shipped from overseas, the product is sold from a seller outside of Singapore, and the import and export of the product is subject to local laws and regulations. Users should familiarize themselves with all import and export restrictions applicable to the designated countries. The user acknowledges that Lazada cannot provide any legal advice in this regard, and agrees that Lazada does not assume any risks or responsibilities associated with the import and export of such products into Singapore. 16.5 If the Buyer elects to deliver the Purchased Items by SingPost Normal Mail, all costs of delivering the Purchased Items shall be solely borne by the Seller. 16.6 If the Buyer elects to deliver the Purchased Items by any other shipping method, the cost payable to the delivery company (“Shipping Charges”) shall be borne by the Buyer, the Seller and Lazada in proportions determined by Lazada and Lazada. Posted on the Site from time to time. Lazada shall (i) charge Buyer the Buyer's percentage of shipping charges, (ii) deduct the Seller's percentage of shipping charges from Buyer's purchase in accordance with Section 12.2, and (iii) pay the total shipping charges to cargo company. 16.7 For the avoidance of doubt, Lazada Express Private provides or manages any Lazada supported logistics service provided or managed by Lazada Express Private for the delivery of goods from outside Singapore to overseas destinations within Singapore, and for local Overland logistics services for freight. limited. 17. Cancellations, returns and refunds 17.1 The buyer can only cancel his/her order prior to payment of the buyer's purchase to the Lazada Secured Account. 17.2 Buyers may apply for returns and refunds before the expiration of the Lazada guarantee period, if applicable, subject to Lazada's refund and return policy. See Lazada's Refund and Return Policy for more information. 17.3 Lazada reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer's sole remedy is to refund Buyer's purchase monies paid to the Lazada Guarantee Account. 17.4 If you redeem Lazada Coins for your transaction, and you successfully obtain a refund in accordance with Lazada’s Refunds and Returns Policy, Lazada will refund the amount you actually paid for the item and exchange any redeemed Lazada Coins Refunded separately to your account. 17.5 Lazada does not monitor the cancellation, return and refund process for offline payments. 17.6 Buyers shall be refunded to their Lazada wallet within five (5) days of the return or refund request being approved. 18. Responsibilities of the seller 18.1 The seller shall properly manage and ensure that the relevant information of the product (such as price, product specification and stock quantity) and any sales terms and conditions are updated in the seller listing, and shall not publish inaccurate, misleading or incomplete information. 18.2 Prices for the Goods are at the sole discretion of the Seller. 18.3 For local orders where the point of sale of the Goods is in Singapore, if the Goods and Services Tax (“GST”) is registered in Singapore, the Seller will be required to provide the Buyer with a price inclusive of GST and shall issue a tax invoice, receipt or credit memo (if applicable) to Buyer upon request. 18.4 For international orders where the point of sale of the Goods is located outside of Singapore, the price of the Goods shall include any GST, import duties, duties and charges imposed by the Singapore authorities upon import, and the Seller shall not additionally charge the Buyer for such charges, and separately, Except for imports under Article 18.5. 18.5 Sellers who deliver goods imported from Japan to Singapore using the Incoterms "Delivered Duty Unpaid (DDU)" must advise the buyer that import duties may be separately charged by the carrier upon delivery. 18.6 The Seller is responsible for responding to Buyer inquiries regarding the Seller's GST registration status. 18.7 Seller agrees that Lazada may, at its sole discretion, engage in promotional activities to induce transactions by reducing, discounting or refunding fees or otherwise creating a connection between buyer and seller. The final price actually paid by Buyer will be the price to which such adjustments are applied. 18.8 In order to promote the sale of the product published by the seller, Lazada may publish the product (adjusted price) Lazada on third-party websites (such as portals, price comparison websites) and other websites (domestic or foreign) operated by the seller. 18.9 Subject to clauses 18.3 and 18.4, the Seller acknowledges and agrees that the Seller will be responsible for paying all taxes, duties and duties on the Merchandise sold and that Lazada is unable to provide legal or tax advice in this regard. As tax laws and regulations may change from time to time, sellers are advised to seek professional advice if in doubt. 18.10 Seller acknowledges and agrees that violation of any Lazada policy by Seller will result in the course of action described in Section 7.1. 19. Paid Advertising 19.1 Lazada provides keyword advertisements (“Keyword Ads”) and other advertising services on its paid advertising website, including participating in flash sales (“Flash Sale Ads”) (Keyword Ads and Flash Sale Ads are hereinafter collectively referred to as “Paid Advertisements” ) and other sites on an ongoing basis. Sellers can purchase paid advertising services. Lazada provides paid advertising services in accordance with these Terms of Service and any explanatory materials published on this website, paid advertising websites, or otherwise notified in writing to the seller (hereinafter referred to as "paid advertising rules"). Sellers who purchase Paid Advertising Services agree to be bound by the Paid Advertising Rules. If you do not agree to be bound by the Paid Advertising Rules, please do not purchase any Paid Advertising Services. 19.2 In order to purchase paid advertising services, you must be a qualified seller under the paid advertising rules. Your account may not be suspended while you purchase and pay for paid advertising services. 19.3 You can purchase paid advertising services by purchasing advertising credits (“Ad Credits”) on paid advertising websites or other websites, and the payable fees for paid advertising services will be deducted from Lazada’s advertising credits. All Ad Credits are subject to GST and expire six (6) months after purchase or such other time as Lazada may determine. You may not cancel your order and/or request a refund after you have purchased Ad Credits and completed the payment process, unless otherwise provided in the applicable Paid Advertising Rules. 19.4 If your advertising points balance is lower than the amount you set (“Minimum Advertising Points Amount”), you can also choose to automatically recharge your advertising points through your seller balance (“Ad Points Top-up Function”). When activating the advertising credit top-up function, you can choose the minimum amount of advertising credit and the top-up amount, and agree to deduct it from your seller balance in accordance with Article 10 of these Terms of Service. 19.5 You may purchase keyword advertising services when listing items for sale or subsequently. When you purchase keyword advertising, you can set different budgets, keywords, marketing cycles, etc. for each project according to paid advertising rules. The keyword advertising service for each project will be activated and will expire on the corresponding date ("Paid Advertising Period") set by you. If an item sells or goes unlisted during the paid advertising period you set for that item, you do not have the right to transfer the remaining paid advertising period or advertising credits to other listings. Advertising credits are also non-refundable. 19.6 You can choose to purchase flash sale advertising services within the time period specified by Lazada. When you purchase Flash Sale Advertisement Services, you may designate the items to be included in the Flash Sale, and Lazada may, in its sole discretion, include such items in the Flash Sale. Advertising credit once used cannot be transferred to other items, regardless of whether the item is sold/unsold, or not listed during the flash sale. Advertising credits are also non-refundable. 19.7 The products you publish on this website must comply with all relevant laws and regulations, paid advertising rules, these terms of service and policies on prohibited and restricted products. You understand and agree that Lazada reserves the right to immediately remove any listing that violates any of the foregoing and that any paid advertising fees you have paid or advertising credits you have used in connection with any listing removed pursuant to this Section 18.7 will be forfeited Refunds. Lazada is also not liable for any damages of any kind related to listings removed pursuant to t. His section 18.7. 19.8 You understand and agree that Lazada does not guarantee or guarantee that the ratings or sales of your products will increase as a result of paid advertising services. 19.9 It is recommended that you purchase paid advertising services after fully considering your budget and expected advertising goals. Except as otherwise provided in these Terms of Service or the Paid Advertisement Rules, Lazada disclaims any liability for compensation or liability (including, without limitation, actual costs and lost profits) for the results or anticipated results of any Paid Advertisement served. 19.10 If, notwithstanding anything in these Terms of Service, a court of competent jurisdiction finds Lazada to be liable (including gross negligence) for any Paid Advertising Services, then to the maximum extent permitted by applicable law, its liability to you or any third party The amount of the third party is limited to the amount you paid for the relevant paid advertising service. 19.11 For sellers located in Japan, tax invoices for auto-recharge paid ads are available from Seller Central.
20. Trading in liquor 20.1 Subject to the terms and conditions of this Section 19, Lazada permits the purchase and sale of alcoholic products (“Alcohol”) on the Site. If you are a buyer of alcoholic products (“Alcohol Buyer”), you will be deemed to have agreed to the terms and conditions of this Section 18 when you purchase alcohol on the Site. Likewise, if you are an approved seller of alcohol ("Liquor Seller"), you will be deemed to have agreed to the terms and conditions in this Section 18 when you sell alcohol on the Site. 20.2 If you are a buyer of alcohol: (i) you represent and warrant that you and, if applicable, the person receiving the Drink (“Recipient”) are over the age of 18; (ii) you shall not require liquor to be delivered to any public place (as that term is defined in the Liquor Control (Supply and Consumption) Act 2015, as amended from time to time); and (iii) If requested by the liquor seller or Lazada (or its agents), you and/or the recipient shall provide photo identification for age verification purposes. 20.3 If you are a liquor seller, you represent and warrant that: (i) you hold all necessary licenses and/or permits required to sell alcohol through the Site and shall promptly provide Lazada with copies of such licenses and/or permits and supporting documentation upon request for verification; and (ii) All information and documents provided to Lazada are true and accurate. 20.4 When delivering alcohol to alcohol buyers: (i) Delivery Agent reserves the right to require valid photo identification for age verification; and (ii) Lazada (via delivery agent) reserves the right to refuse shipment of alcohol if the buyer and/or recipient of the alcohol appears to be intoxicated or is unable to provide valid photo identification to verify age. 20.5 Each liquor buyer and liquor seller each agrees to indemnify, defend and defend Lazada and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, "Indemnified Party") for any Indemnified Party for or in connection with: (a) any inaccuracies or violations of its representations in Section 19.2 and/or Section 19.3 (as applicable); (b) its violation of any law or any rights of third parties. 21. Transaction Fees 21.1 Lazada charges a fee (“Transaction Fee”) for all successful transactions completed on the Site. Closing costs are at the seller's expense and are calculated at two percent (2%) of the buyer's purchase price, rounded to the nearest cent. Transaction Fees are subject to Goods and Services Tax (“Tax”) and Seller shall be responsible for such Tax. 21.2 For Sellers located outside of Singapore, Lazada charges a fee for all successful transactions completed on the Site (“Cross Border Fee”). Cross-border charges are borne by the seller and are calculated according to the rates notified to such sellers from time to time on the website. 21.3 Lazada charges an additional fee (“SPayLater Fee”) for all successful transactions on the Site where Buyers choose SPayLater as their payment method. SPayLater fees are at the seller's expense and are calculated at rates notified to such sellers on the Site from time to time. SPayLater Fees are subject to Goods and Services Tax (“SPayLater Tax”) and Seller is responsible for payment of such SPayLater Tax. 21.4 For Sellers selling Products on the Platform via the Shopify API, Lazada charges a fee for all successful transactions completed on the Site (“Shopify Transaction Fee”). Shopify transaction fees are borne by the seller and calculated as one-half percent (1.5%) of the buyer's purchase price, rounded to the nearest cent. Shopify Transaction Fees are subject to Goods and Services Tax (“Shopify Tax”) and Seller is responsible for paying such Shopify Tax. For the avoidance of doubt, Shopify Transaction Fees and Shopify Taxes apply in addition to Transaction Fees and Taxes. 21.5 Upon successful completion of the transaction, Lazada will deduct Transaction Fees, Taxes, Cross Border Fees, SPayLater Fees, SPayLater Taxes, Shopify Transaction Fees and Shopify Taxes (if applicable) from the Buyer's purchase and remit in accordance with Section 12.2 Pay the balance to the seller. Lazada shall issue receipts or tax invoices for Transaction Fees, Taxes, Shopify Transaction Fees, and Shopify Taxes paid by Seller upon request. For sellers located in Singapore, these tax invoices are available from Seller Central. 22. Overseas supplier registration 22.1 For sellers located outside of Singapore who sell digital services that fall within the scope of the Overseas Vendor Registration Regime (“Overseas Digital Services Sellers”), supplies of digital services to buyers (i.e. individuals and non-GST registered businesses) are subject to GST (“OVR”). GST Amount"). If the buyer is GST registered, it is the responsibility of the GST registered buyer to provide Lazada and the seller with their GST registration number as evidence that they are indeed GST registered. From 1 January 2023, the scope of the overseas supplier registration system will be expanded to include non-digital services that can be provided and received remotely and low-value goods sold by sellers from outside Singapore. 22.2 Lazada shall withhold and promptly remit the appropriate OVR GST amount to the Singapore tax authorities. Overseas sellers of digital services should ensure that all applicable sales taxes on digital services, if any, have been properly applied. Overseas digital service sellers should cooperate and endeavor to provide Lazada with all necessary information to comply with applicable tax requirements under the Overseas Vendor Registration Regime. From 1 January 2023, the scope of the overseas supplier registration system will be expanded to include non-digital services that can be provided and received remotely and low-value goods sold by sellers from outside Singapore.
23. Dispute 23.1 If there is a problem with the transaction, it should be resolved according to the Lazada policy. 23.2 Each Buyer and Seller undertakes and agrees that they will not sue or otherwise bring any claim against Lazada or its affiliates (unless Lazada or its affiliates are sellers of the products to which the claim relates) in connection with any transaction . this website or any disputes related to such transactions. 23.3 Users covered by Lazada can send a written request to Lazada to assist them in solving problems arising from transactions. Lazada may, at its sole discretion, take all necessary measures to assist users in resolving disputes without any liability to the buyer or seller. For more information, see Lazada's Refund and Return Policy. 23.4 To be clear, the services provided under clause 23 are only available to buyers covered by the Lazada Guarantee. Buyers purchasing with other payment methods should contact the seller directly. 24. Feedback 24.1 Lazada welcomes information and feedback from our users, which will enable Lazada to improve the quality of the services provided. Please see the Feedback Procedures below for more information: (i) Feedback may be given by email or in writing using the Feedback Form on the App. (ii) Anonymous Feedback will not be accepted. (iii) Users affected by the Feedback should be fully informed of all the facts and given the opportunity to present their reasons. (iv) Ambiguous and defamatory feedback will not be entertained. 25. Disclaimer 25.1 The Services are provided "AS IS" and Lazada makes no warranties, claims or representations of any kind, express, implied or statutory, with respect to the Services, including but not limited to quality, performance, non-infringement, merchantability or fitness for a particular purpose, nor ANY WARRANTY ARISING OUT OF COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. Without limiting the foregoing, and to the maximum extent permitted by applicable law, Lazada does not warrant that the Services, the Site, or the features contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free , that defects, if any, will be corrected, or that this website and/or the server that makes any other harmful code, instructions, programs or components. 25.2 You acknowledge that, to the maximum extent permitted by applicable law, the entire risk arising from the use or performance of the Site and/or the Services is borne by you. 25.3 Lazada has no control over and, to the maximum extent permitted by applicable law, does not warrant or assume any responsibility for: (A) the fitness for purpose, existence, quality, safety or legality of goods offered through the Services; or (B) ) The ability of a seller to sell an item or a buyer to pay for an item. If a dispute involves one or more users, such users agree to resolve such disputes directly between them and to indemnify Lazada and its affiliates from any and all claims arising out of, to the fullest extent permitted by applicable law, DAMAGES AND DAMAGES: IN CONNECTION WITH ANY SUCH DISPUTE.
26. Exclusion and limitation of liability
26.1 To the maximum extent permitted by applicable law, under no circumstances whatsoever, whether in contract, warranty, tort (including but not limited to negligence (whether active, passive or constructive), product liability, strict liability or otherwise, ), Lazada shall not be liable for, or for any other cause of action, whether at law, in equity, by regulation or otherwise:
(i) (A) loss of use; (B) loss of profits; (C) loss of revenue; (D) loss of data; (E) loss of goodwill; or (F) failure to achieve anticipated savings, whether direct or indirect; or
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM, EVEN IF Lazada HAS BEEN ADVISED OF SUCH DAMAGES possibility.
26.2 You acknowledge and agree that if you have any problems or dissatisfaction with the Services, your only right is to request termination of your account and/or to stop using any Services.
26.3 If, notwithstanding the foregoing, a court of competent jurisdiction finds Lazada to be liable (including gross negligence), then to the maximum extent permitted by applicable law, its liability to you or any third party shall be limited to the lesser of Standard: (A) any amount due and payable to you under the Lazada Guarantee; and (B) $100 (One Hundred Dollars).
26.4 Nothing in these Terms of Service limits or excludes any liability for death or personal injury caused by Lazada's negligence, fraud or any other liability on the part of Lazada which cannot lawfully be limited and/or excluded.
27. LINKS TO THIRD PARTY WEBSITES AND YOUTUBE VIDEO SHARING
27.1 Third-party links provided by this website will cause you to leave this website. These links are provided for informational purposes only and the websites they link to are not under the control of Lazada in any way, so you access them at your own risk. Lazada is not responsible for the content of any such linked sites or any link contained in a linked site, including any changes or updates to such sites. Lazada provides these links as a convenience only and the inclusion of any link does not in any way imply or express Lazada's affiliation, endorsement or sponsorship of any linked site and/or any content thereof.
27.2 Lazada allows you to share videos from YouTube on the Lazada live feature ("YouTube Content"). By sharing YouTube content, you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).
28. Your Contribution to the Services
28.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or licenses to grant Lazada the following license. You further acknowledge and agree that you are solely responsible for any Content you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, licenses of rights, legal Compliance and Legal Restrictions. You hereby grant Lazada and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such content contributions on, through or in connection with the Services in any media format and through any media channel, including without limitation Promote and redistribute parts of the Service (and derivative works thereof) without attribution and you agree to waive any moral rights (and any similar rights anywhere in the world) in this regard. You understand that your Contributions may be transmitted over various networks and changed to conform and adapt to technical requirements.
28.2 No content, material, information or ideas you post on or through the Services or transmit to Lazada in any way (each a "Submission") will be considered by Lazada It is confidential and Lazada may distribute or use it without charge or be liable to you for any purpose, including but not limited to developing, manufacturing and marketing products. By submitting to Lazada, you acknowledge and agree that Lazada and/or other third parties may independently develop software, applications, interfaces, products, and modifications and enhancements thereof that are identical or similar in function, code, or other characteristics to Lazada Ideas presented in your submissions. Accordingly, you hereby grant to Lazada and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to develop the foregoing, and to use, Copy, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display and publicly perform any Submission on, through or in connection with the Services in any media format and through any media channel, including, but Without limitation, promotion and redistribution of parts of the Service (and derivative works thereof). This provision does not apply to personal information that is subject to our Privacy Policy unless you disclose such personal information on or through the Services.
29. Contribution of third parties to the Services and external links
29.1 Each contributor of data, text, images, sound, video, software and other content services is solely responsible for the accuracy, reliability, nature, rights licenses, legal compliance and legal restrictions of its content contributions. Accordingly, Lazada is not responsible for, and should not regularly monitor or examine, the accuracy, reliability, nature, rights licenses, legal compliance, and legal restrictions associated with any Content Contribution. You will not hold Lazada responsible for the acts or omissions of any users, including, without limitation, content they post or otherwise make available through the Services.
29.2 In addition, the Services may contain links to third party products, websites, services and offers. These third-party links, products, websites and services are not owned or controlled by Lazada. Instead, they are operated by and are the property of the respective third parties and may be protected by applicable copyright or other intellectual property laws and treaties. Lazada has not reviewed, and is not responsible for, the content, functionality, security, services, privacy policies, or other practices of these third parties. We encourage you to read the terms and other policies such third parties post on their websites or elsewhere. By using the Services, you agree that Lazada shall not be liable in any way for your use or inability to use any website or widget. You further acknowledge and agree that Lazada may prohibit your use of or remove any third-party link or application on the Service if the third-party link or application violates these Terms of Service.
30. Your representations and warranties
You represent and warrant that:
(a) you have the legal capacity (if a minor, valid parent or legal guardian consent), right and capacity to sign these Terms of Service and abide by their terms; and
(b) You will use the Services only for lawful purposes and in accordance with these Terms of Service and all applicable laws, rules, guidelines, directives, guidelines, policies and regulations.
31. Fraudulent or suspicious activity
We may take various steps to protect Lazada, other buyers or sellers, other third parties, or you from revocations, rejections, payments, claims, fees, fines, penalties and any other liability. Actions we may take include but are not limited to the following:
(a) we may close, suspend or restrict your access to your Account or Services, and/or suspend processing of any Transactions;
(b) we may suspend your eligibility for the Lazada Guarantee;
(c) we may hold, apply or transfer funds in your account as required by judgments and orders affecting you or your account, including judgments and orders issued against Lazada by courts in Singapore or elsewhere;
(d) we may refuse to provide services to you now and in the future;
(e) We may hold your funds for as long as reasonably necessary to protect against the risk of liability to Lazada or third parties, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the pure pose of this section:
A "chargeback" is a request made by a buyer directly to its debit or credit card company or bank that issued the debit or credit card to void a payment.
"Claim" means a challenge to a payment submitted directly to Lazada by a Buyer or Seller.
"Reversal" means that Lazada reverses a payment because (a) it was voided by the sender's bank, (b) Lazada sent it to you in error, (c) the sender of the payment did not have permission to send the payment (example: send sender using a stolen credit card), (d) you receive payment for activity that violates these Terms of Service or any other Lazada policy, or (e) Lazada decides to pursue a claim against you.
32. Compensation
You agree to indemnify, defend, and defend Lazada, its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders, or other partners and employees (collectively, the "Protected Parties") from any and all claims and hold harmless, harmless, suits, proceedings and proceedings and all related liabilities, damages, settlements, fines, fines, costs and expenses of any protected party arising out of or in connection with settlement fee): (a) with respect to any transaction on this site, or with any dispute relating to such transaction (unless Lazada or its affiliates are the seller in the transaction to which the dispute relates), (b) Lazada warrants, (c) host, operate, manage and/or administer the Services by or on behalf of Lazada, (d) your violation or breach of any provision of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse, (f) your breach of any law or any right of a third party, or (g) any content you upload.
33. Severability
If any provision of these Terms of Service is held to be illegal, void or for any reason unenforceable under the laws of any jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity of any remaining provisions the validity and enforceability of the provisions of that jurisdiction, or the laws of any other jurisdiction concerning the validity and enforceability of the provisions.
34. Applicable law
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable law, any dispute, controversy, claim or disagreement of any kind arising out of or relating to these Terms of Service against Lazada or any party protected hereunder shall referenced and finally settled by arbitration in Singapore in accordance with the Singapore International Arbitration Center Arbitration Rules ("SIAC Rules") then in effect, which Rules are deemed incorporated into this Section by reference. There will be one (1) arbitrator and the language of the arbitration will be English.
35. General provisions
35.1 Lazada reserves all rights not expressly granted herein.
35.2 Lazada may revise these Terms of Service at any time by posting the revised Terms of Service on this website. Your continued use of the Site and/or acceptance of any Services after such changes are posted (including, for the avoidance of doubt, Lazada's continued provision of an account to you) constitutes your acceptance of such revised Terms of Service.
35.3 You may not assign, sublicense or assign any of your rights or subcontract any of your obligations granted to you under this Agreement.
35.4 Nothing in these Terms of Service shall create a partnership, joint venture or agency relationship between you and Lazada, nor authorize you to incur any fees or liabilities on behalf of Lazada.
35.5 Lazada's failure at any time to require performance of any provision of this Agreement shall not in any way affect its right to enforce that provision in the future, unless waived in writing.
35.6 These Terms of Service are for the benefit of you and us only, and not for the benefit of any other person or entity, other than Lazada's affiliates and subsidiaries (and their respective successors and assigns) .
35.7 The terms set forth in these Terms of Service and any agreements and policies contained or referred to in these Terms of Service constitute the entire agreement and understanding between the parties with respect to the Services and the Site and supersede any prior agreements or understandings between the parties. parties related to such subjects. The parties also hereby exclude all de facto implied terms. In entering into an agreement consisting of these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or guarantee of any person except as expressly provided in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies it may have in relation to any of the foregoing without this section. These Terms of Service shall not be contradicted, construed, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.
35.8 You agree to comply with all applicable laws, rules, regulations and guidelines relating to anti-bribery and corruption, including but not limited to the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corrupt Practices Act, and confirm that you have and should have compliance with such requirements
all required policies and procedures.
35.9 If you have any questions or concerns about these Terms of Service or any questions raised on these Terms of Service or on the website, please contact our customer service team.
Legal Notices: Please send all legal notices to Online Customer Service and note "General Counsel".
I have read this Agreement and agree to all of the above terms and any subsequent amendments. By clicking the "REGISTER" or "CONNECT FACEBOOK" button during the registration process, I understand that I am creating a digital signature which I wish to have the same force and effect as if I signed it manually.
Last Updated: February 13, 2023