TERMS OF USE

INTRODUCTION

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

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

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

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

2. USE OF THE PLATFORM AND/OR SERVICES

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

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

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

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

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

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

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

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

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

3. USER SUBMISSIONS

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

4. TRADEMARKS AND COPYRIGHTS

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

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

5. Our limitation of responsibility and liability

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

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

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

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

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

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

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

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

6. HYPERLINKS

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

7. APPLICABLE LAW AND JURISDICTION

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

8. ARBITRATION

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

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

9. TERMINATION

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

TERMS AND CONDITIONS OF SALE

1. Interpretation

1.1 In these Conditions:

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

"Conditions" mean these Terms and Conditions of Sale;

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Basis of the Contract

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

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

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

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

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

3. Orders and Specifications

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

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

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

4. Price

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

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

5. Terms of Payment

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

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

5.2.1 Credit Card

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

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

5.2.2 Debit Cards

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

5.2.3 Online Banking

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

5.2.4 Instalment Payments via Credit Card

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

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

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

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

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

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

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

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

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

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

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

5.2.5 Cash on Delivery

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

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

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

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

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

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

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

6. Delivery/Performance

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

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

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

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

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

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

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

6.5.2 terminate the Contract and claim damages.

6. Delivery of Goods

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

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

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

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

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

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

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

6.5.2 terminate the Contract and claim damages.

7. Return, Refund and Replacement of Goods

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

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

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

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

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

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

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

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

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

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

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

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

7.7 Questions and complaints with regards to returns

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

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

8 Risk and property of the Goods

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

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

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

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

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

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

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

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

9 Termination

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

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

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

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

10 Warranties and Remedies

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11 Liability

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

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

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

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

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

12 General

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LAZADA GIFT CARDS

1. General

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

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

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

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

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

2. Redeeming Gift Cards

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

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

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

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

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

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

3. Loss or Theft of Gift Cards

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

4. Customer’s Obligations

4.1 The Customer acknowledges and agrees that:

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

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

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

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

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

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

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

5. Refunds, Exchange and Cancellations

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

5.2 Issued Gift Cards cannot be exchanged for cash.

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

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

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

6. Availability of Gift Cards

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

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

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

7. Use and Disclosure of Data

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

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

8. Miscellaneous

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

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

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

LAZADA PAYMENT ACCOUNT USER

These Terms and Conditions govern your access and use of the Lazada virtual payment account ("Lazada Payment Account").

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

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

The Lazada Payment Account is associated with your Lazada Account and is intended for effecting payment for the purchase of goods and/or services offered by the Lazada group of companies by registered Users.

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

B. These Terms and Conditions are in addition to the terms and conditions governing your use of the Lazada Website and your Lazada Account available at https://www.lazada.com.my/terms-of-use/.

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

DEFINITIONS AND INTERPRETATION

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

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

"Foreign Language Version" is defined under clause 14.9 of these Terms and Conditions.

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

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

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

"Lazada Payment Account" is defined in the recitals to these Terms and Conditions.

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

“Lazada Website” is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by the Lazada group of companies.

“Payment Instrument” is defined in clause 3.1.

"Personal Data" means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.

“Privacy Policy” is defined in clause 2.6.

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

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

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

“Service Fees” is defined in clause 5.1.

"User" means an authorized user of the Lazada Payment Account.

1. ACCESS TO THE LAZADA PAYMENT ACCOUNT

1.1 You agree to:

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

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

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

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

1.3 Use of the Lazada Payment Account is restricted to registered users of the Lazada Website.

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

2. REGISTRATION

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

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

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

2.4 Each User is only entitled to have one (1) Lazada Payment Account associated with his or her Lazada Account.

Account information

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

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

3 LAZADA PAYMENT ACCOUNT BALANCE

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

3.2 Funds can be accumulated in your Lazada Payment Account Balance by means of a transfer of funds from certain payment instruments we accept (including debit cards, checking and savings account or other prepaid payment method we allow, collectively, "Payment Instruments").

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

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

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

4. USING YOUR LAZADA PAYMENT ACCOUNT

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

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

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

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

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

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

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

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

4.5.4 where any funds in your Lazada Payment Account are subject to legal process or other encumbrance restricting transfer;

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

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

4.6 Subject to clauses 6 and 7.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your Lazada Payment Account.

4.7 We shall have the right to refuse any transaction on your Lazada Payment Account if:

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

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

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

4.8 When using your Lazada Payment Account to pay for a purchase on the Lazada Website, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.

4.9 For each purchase transaction you make on the Lazada Website, we will transfer funds from your Lazada Payment Account when the first of any of the following events occurs:

4.9.1 we receive confirmation of a successful completion of the purchase from Lazada;

4.9.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the Lazada Website, in which case you will be deemed to have received the goods or services;

4.9.3 the conclusion of any settlement agreement or dispute between you and any other user of the Lazada Website and/or Lazada, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or

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

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

4.11 If you experience any difficulties with your Lazada Payment Account, please contact us at https://www.lazada.com.my/contact/. If you have placed an order on the Lazada Website and experience difficulties with your order, please contact customer service https://www.lazada.com.my/contact/.

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

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

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

5. FEES

We reserve the right to impose fees to cover the relevant costs of providing the Lazada Payment Account services to you including those associated with the set-up and maintenance of your Lazada Payment Account (“Service Fee”).

6. REFUNDS

6.1 If, having purchased goods or services on the Lazada Website, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that Lazada will either (i) issue a Refund Coupon; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information prior to processing any refund.

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

LAZMALL

1. Definitions and interpretation

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

"Counterfeit", in relation to the Seller’s Goods, shall mean a good:

(a) which bears a sign identical with, or similar to, a registered trade mark (wherever registered), and:

(i) the application of the sign to the good or the packaging thereto is an infringement of the registered trademark;

(ii) the good is proposed to be imported into the country where the good is delivered to or received by the Customer, and the application of the sign to the good of the packaging thereto would be an infringement of the registered trade mark; or

(iii) the sign has otherwise been used in relation to the good or the packaging thereto in such a way as to infringe the registered trade mark; and

(b) where the sign borne on the good or the packaging thereto is identical with, or so nearly resembling, the registered trade mark as to be calculated to deceive; and

(c) the sign borne on the good or the packaging thereto is applied without the express or implied consent of the proprietor of the registered trade mark, and to falsely represent the good to be the genuine good of the proprietor or a licensee of the registered trade mark.

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

"LazMall Goods" means goods purchased from a Seller, on the LazMall Channel through the [lazada.com.my] website and/or the LAZADA mobile app.

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

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

2. Service Terms

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

2.2 By purchasing LazMall Goods, you agree to be bound by these LazMall Terms, as amended from time to time, in addition to the Terms of Use for the [lazada.com.my] website and/or the LAZADA mobile app, which are incorporated by reference into these LazMall Terms.

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

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

3. Representation and warranty

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

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

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

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

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

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

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

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

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

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

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

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

4. Next Day Delivery

LazMall may offer Next Day Delivery for selected LazMall Goods. However, the availability of depends on the time you place your order, the date that you place your order, payment method, the type of LazMall Product that you intend to purchase, the availability of LazMall Goods and your shipping address.

Products that are eligible for Next Day Delivery will be designated as such on the Product Description Page. Standard shipping fees may apply to eligible listings. We may also exclude certain LazMall products from Next Day Delivery and during certain periods, at our discretion. Please refer to the Next Day Delivery page for additional details.

5. Use and disclosure of data

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

6. Miscellaneous

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

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

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

LAZADA CARE

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

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

The Services are subject at all times to the following:

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

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

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

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

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

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

LIMITATIONS OF LIABILITY

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

ACCIDENTAL DAMAGE

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

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

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

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

GENERAL EXCLUSIONS:

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

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

EXCLUSIONS:

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

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

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

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

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

5. Property and/or product liability insurance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FOR SERVICE REQUEST – CALL OUR SERVICE HOTLINE +603 21651808

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

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

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

CANCELLATION

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

CONTRACT TERMINATION

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

TRANSFER OF SERVICE CONTRACT TO SECOND OWNER

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

GENERAL

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

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

DEFINITIONS:

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

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

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

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

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

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

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

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

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

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

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

MOBILE CREDIT TOP-UP TERMS AND CONDITIONS

1. Service Terms

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

2. Service Conditions and limits

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

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

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

in conjunction with the Service.

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

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

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

3. Refunds and Cancellations

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

3.1.1. Customer is an Eligible User; and

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

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

4. Customer’s Obligations

4.1. The Customer acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

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

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

5. Availability of Service

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

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

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

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

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

6. Use and disclosure of data

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

7. Miscellaneous

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

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

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

VOUCHER TERMS & CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

10. Vouchers are not exchangeable for cash.

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

(a) discontinued or cancelled Vouchers;

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

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

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

DIGITAL VOUCHERS & GIFT CARDS

1. General

1.1 By using digital voucher(s) or gift card(s) bought from Lazada (the “Digital Good(s)”), you (“Customer”) agree to be bound by these digital vouchers and gift cards terms and conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the lazada.com.my website and/or the LAZADA mobile app, which are incorporated by reference into these Digital Goods Terms.

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

1.3. Customers should refer to the Digital Good or its Product Details Page (as defined below) for any Seller specific terms and conditions and expiry dates.

2. Loss or Theft of Digital Goods

Once purchased, the Digital Good is the responsibility of the Customer and any Digital Goods, including accompanying pin codes, that are lost or stolen shall not be replaced.

3. Redeeming Digital Goods

3.1. Instructions on how to redeem a Digital Good may be made available on the product details page of the relevant Digital Good, under Lazada.com.my website (the “Product Details Page”).

4. Customer’s Obligations

4.1. The Customer acknowledges and agrees that:

4.1.1. Digital Goods can only be redeemed within the period of time specified on the Product Details Page;

4.1.2. Digital Goods cannot be redeemed on certain black-out dates or promotion dates set by the Seller or Lazada;

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

4.1.4. Digital Goods are offered to the Customer on an “as is” basis;

4.1.5. Use of the Digital Good constitutes acceptance of these Digital Goods Terms;

4.1.6. The Customer is responsible for all information the Customer submits, transmits or otherwise make available during the purchase or redemption of any Digital Good;

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

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

5. Refunds, Exchange and Cancellations

5.1. Any Digital Goods bought cannot be returned, refunded, or cancelled on the Customer’s request after purchase.

5.2. Issued Digital Goods cannot be exchanged for cash. Each Seller may have its own policy on exchange of issued Digital Goods.

5.3. Replacement of the Digital Good may be allowed, at Lazada’s discretion, if there is a systemic failure on Lazada’s part.

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

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

6. Availability of Digital Goods

6.1. The Customer acknowledges that purchase or redemption of Digital Goods are subject to resource availability, including, without limitation, availability of Lazada.com.my website and/or LAZADA mobile app.

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

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

7. Use and Disclosure of Data

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

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

8. Miscellaneous

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

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

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

LAZADA PAYMENT PROTECTION POLICY

(Updated as of October 2018)

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

1.1 Protection against Unauthorized Transactions.

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

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

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

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

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

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

1.2 Notify Lazada

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

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

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

1.3 Actions taken by Lazada upon receipt of notification

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

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

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

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

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

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

1.4 Scope of protection

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

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

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

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

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

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

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

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