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Terms of Use

Welcome to the Lazada platform. Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.

2. General use of Services and/or access of Platform

2.1 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Restricted activities: You agree and undertake NOT to:

  • (a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  • (b) use the Platform or Services for illegal purposes;
  • (c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
  • (d) post, promote or transmit through the Platform or Services any Prohibited Materials;
  • (e) interfere with another’s utilization and enjoyment of the Platform or Services;
  • (f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
  • (g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

2.3 Availability of Platform and Services: 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.

2.4 Right, but not obligation, to monitor content: 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 the terms and conditions contained herein and may take any action it deems appropriate;
  • (b) prevent or restrict access of any Customer to the Platform and/or the Services;
  • (c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
  • (d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out here.

2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions of Sale.

2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.

3. Use of Services

3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.

3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.

3.3 General terms of use: You agree:

  • (a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
  • (b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

3.4 Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.

3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

3.6 Third Party Vendors: You acknowledge that parties other than Lazada (i.e. Third Party-Vendors or Sellers) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Lazada or a Third-Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer.

4. Customers with Lazada accounts

4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:

  • • (a) access to the relevant Platform and/or use of the Services by you; or
  • • (b) information, data or communications posted, transmitted and validly issued by you.

You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.

5. Intellectual property

5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

5.2 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, 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 without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

6. Our limitation of responsibility and liability

6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:

  • (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;
  • (b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
  • (c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
  • (d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

6.2 Exclusion of liability: Lazada Indemnitees 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.

6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.

7. Hyperlinks, and alerts

7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet 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.

7.2 Promotions: We may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting our or our Third-Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

8. Your submissions and information

8.1 Submissions by you: You grant us a non-exclusive license 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, publish, remove or edit your Submissions.

8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

8.3 Lazada may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.

Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy set out here. and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

9. Termination

9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

9.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.

10. Notices

10.1 Notices from us: All notices or other communications given to you if:

  • (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
  • (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

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

10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

11. General

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

11.2 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

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

11.4 Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

11.5 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Philippine law. If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.

All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.

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

11.7 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

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

11.9 Currency: Money references under these Terms of Use shall be in Philippines Peso.

11.10 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

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

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

11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

11.14 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

11.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (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 our reasonable control.

12. Voucher Terms & Conditions

The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes, where such vouchers are offered for no consideration (according to voucher terms & conditions)



Schedule 1

Definitions and Interpretation

1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

  • 1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
  • 1.2 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
  • 1.3 “Lazada Indemnitees” means Lazada and all of its respective officers, employees, directors, agents, contractors and assigns.
  • 1.4 “Lazada”, “we”, “our” and “us” refer to Lazada E-Services Philippines, Inc., a company incorporated pursuant to the laws of Philippines under registration number CS201203115 and having its registered address at 23rd Floor, Net Park, 5th Avenue, Bonifacio Global City, Taguig City.
  • 1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
  • 1.6 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
  • 1.7 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
  • 1.8 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
  • 1.9 “Password” refers to the valid password that a Customer who has an account with Lazada may use in conjunction with the Username to access the relevant Platform and/or Services.
  • 1.10 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
  • 1.11 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Lazada which is presently located at the following URL: www.lazada.com.ph; and (b) the mobile applications made available from time to time by Lazada, including the iOS and Android versions.
  • 1.12 “Privacy Policy” means the privacy policy set out here.
  • 1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
  • 1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
    • (a) contains any computer virus or other invasive or damaging code, program or macro;
    • (b) infringes any third-party Intellectual Property or any other proprietary rights;
    • (c) is defamatory, libelous or threatening;
    • (d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or
    • (e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
  • 1.15 “Services” means services, information and functions made available by us at the Platform.
  • 1.16 “Submission” is as defined in Clause 8.1 of these Terms of Use.
  • 1.17 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products and are set out here.
  • 1.18 “Terms of Use” means the recitals, Clauses 1 to 12 and any Schedules to these terms and conditions.
  • 1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform, including the Lazada trademark, which is property of Lazada GmbH & Co. KG.
  • 1.20 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with Lazada.
  • 1.21 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.
  • 1.22 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

2. Interpretation: Any reference in these Terms of Use 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. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Lazada and the provision which is more favorable to Lazada shall prevail.

Last Updated: October 25, 2017

Terms & Conditions of Sale



1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.

2. Purchase of Products

2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Lazada (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Lazada reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Sellers: Products are sold by “Sellers”. Lazada may be a “Seller” for selected Products. “Seller” may also refer to a party other than Lazada (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by Lazada or a Third-Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:

  • 2.2.1 for Products sold by Third-Party Vendors, shall be agreements entered into directly and only between the Third-Party Vendor and you; and
  • 2.2.2 for Products sold by Lazada, shall be agreements entered into directly and only between Lazada and you.

2.3 Product description: While Seller endeavors to provide an accurate description of the Products, neither Lazada nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Submit Order button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.5 All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order. The details regarding the cancellation process and policy of Lazada can be accessed here.

2.6 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Lazada confirming your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion. Please note that there are cases when an order cannot be processed for various reasons. Lazada reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order

2.7 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Lazada shall, on behalf of Seller, notify you of such cancellation. . Seller or Lazada shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product, subject to the process and timelines of payment providers and/or payment partners, as provided under clause 5.6.2 below.

2.8 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the field “Product Warranty” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.

2.9 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Lazada or Seller. You also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.

2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under Philippine law:

  • 2.10.1 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 Products 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 Seller;
  • 2.10.2 any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Lazada within six months from the date of delivery, or from the scheduled delivery of the Product.
  • 2.10.3 Lazada shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor’s implied or express warranty on the Products;
  • 2.10.4 for products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements;
  • 2.10.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Lazada’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
  • 2.10.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
  • 2.10.7 To the extent allowed under Philippine law, Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.

2.11 Intellectual Property:

  • 2.11.1 Unless the prior written consent of Lazada has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
  • 2.11.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
  • 2.11.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Lazada has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon Lazada’s request.

3. Delivery of Products

3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by Lazada (or its agents) on behalf of Seller.

3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.

3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.

3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Lazada within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Lazada does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Philippine law.

3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.

4. Prices of Products

4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform). Lazada and/or Seller is determined to provide the most accurate pricing information on the platform to its customers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, Lazada and/or Seller reserves the right to refuse or cancel any order. In the event that an item is mispriced, Lazada may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Lazada shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

5. Payment

5.1 General: You may pay for the Product using any of the payment methods prescribed by Lazada from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer 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). You acknowledge that Lazada is entitled to collect payments from you on behalf of Third Party Vendors.

5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by Lazada from time to time.

5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Lazada), for any failure, disruption or error in connection with your chosen payment method. Lazada reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.

5.5 Failure to pay: If the Customer 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 cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

5.6 Refund of Payment:

  • 5.6.1 All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds may be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us.
  • 5.6.2 We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
  • 5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
  • 5.6.4 All refunds are conditional upon our acceptance of a valid return of the Product.
  • 5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice.
  • 5.6.6. The guidelines regarding the refunds process of Lazada can be accessed here.

6. Returns/Repairs/Replacements

6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy here. Seller is not obliged to agree to any return unless all such instructions are followed to Seller’s and Lazada’s satisfaction. Should Seller agree to the return, Seller will deliver the replacement Product to your specified address.

6.2 Permitted returns: Subject to Clause 6.1, within 14 days and/or 7 days, depending on the product, from the date of delivery of the Product, you may return a Product when you:

  • 6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;
  • 6.2.2 receive a faulty or damaged Product;
  • 6.2.3 receive a product that is not as advertised on the platform;
  • 6.2.4 wrong item is delivered;
  • 6.2.5 receive a product that has missing parts/items; or
  • 6.2.6 receive a product that does not fit (for fashion items).

6.3 Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.2, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Lazada and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, Lazada may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.

6.4 Replacement Products: When Lazada has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller.

6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller (via Lazada or Lazada’s agents) has tendered delivery of the Products.

6.6 In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, as provided under Clause 6, Lazada will safely keep the item for a period of fifteen (15) days, reckoned from the date Lazada receives the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and Lazada or Seller may dispose of the product or item. Notwithstanding the foregoing, Lazada will use its best efforts to return the product to the Customer within the time frame provided.

7. Questions and complaints

If you have any questions or complaints, please contact Lazada using the “Contact Us” page on the Platform. Lazada will liaise with Sellers on your questions and complaints.

8. Termination

8.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to Lazada at ”Contact Us” page on the Platform, subject to Clause 2.5. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.

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

  • 8.2.1 the Products under the Customer Contract being unavailable for any reason;
  • 8.2.2 the Customer being in breach of an obligation under the Customer Contract;
  • 8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
  • 8.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
  • 8.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

9. Risk and property of the Goods

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

9.2 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 Customer 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 Lazada to the Customer for which payment is then due.

For cross-border transactions or for products shipped from abroad or overseas, the contract of sale is deemed to have been entered into or perfected in the place where the Seller is located.

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

9.4 The Customer agrees with Lazada that the Customer shall immediately notify Lazada of any matter from time to time affecting Lazada’s title to the Goods and the Customer shall provide Lazada with any in-formation relating to the Goods as Lazada may require from time to time.

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

9.6 The Customer 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 Customer does so all moneys owing by the Customer to Lazada shall (without prejudice to any other right or remedy of Lazada) forthwith become due and payable.

9.7 If the provisions in this Condition 9 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 Customer shall take all steps necessary to give effect to the same.

9.8 The Customer shall indemnify Lazada, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Lazada's rights under this condition.

10. Limitation of liability

10.1 Sole remedies of customer: The remedies set out in Clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the products.

10.2 Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, 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 customer contract, will not exceed the sums that you have paid to Seller under such customer contract.

10.3 Exclusion of liability: Lazada indemnitees 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: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with Seller’s instructions on the use of the products (whether oral or written).

11. General

11.1 References to “Lazada”: References to “Lazada” in these Terms and Conditions of Sale apply both to Lazada’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.

11.2 Right to subcontract: Third Party Vendors or Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to Lazada or any of Lazada’s designated service providers, subcontractors and/or agents.

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

11.4 Warranties: The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.

11.5 No waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

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

11.7 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

11.8 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Philippines.

11.9 If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.

All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.

11.10 Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.11 Amendments: Seller may by notice issued jointly with Lazada through the Platform or by such other method of notification as Seller may designate solely through Lazada (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Lazada (either via the Portal or such other means as Lazada prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.

11.12 Correction of errors: 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.

11.13 Currency: Money references under these Terms & Conditions of Sale shall be in Philippines Pesos.

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

11.15 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you 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.

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

11.17 Subcontracting and delegation: 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 Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as Lazada deems appropriate.

11.18 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.

11.19 Force Majeure: Neither Lazada nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (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.

Schedule 1

Definitions and Interpretation

1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

  • 1.1 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Philippines.
  • 1.2 “Customer” means an authorised user of the Platform and/or the Services.
  • 1.3 “Customer Contract” shall be as defined in Clause 2.6.
  • 1.4 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
  • 1.5 “Lazada Indemnitees” means Lazada, its affiliates and all of its respective officers, employees, directors, agents, contractors and assigns.
  • 1.6 “Lazada” refers to Lazada E-Services Philippines, Inc., a company incorporated pursuant to the laws of Philippines under registration number CS201203115 and having its registered address at 23rd Floor, Net Park, 5th Avenue, Bonifactio Global City, Taguig City, Philippines.
  • 1.7 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
  • 1.8 “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
  • 1.9 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
  • 1.10 “Password” refers to the valid password that a Customer who has an account with Lazada may use in conjunction with the Username to access the relevant Platform and/or Services.
  • 1.11 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
  • 1.12 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Lazada which is presently located at the following URL: www.lazada.com.ph; and (b) the mobile applications made available from time to time by Lazada, including the iOS and Android versions.
  • 1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
  • 1.14 “Product Warranty” means the warranty provided for a product sold on the platform.
  • 1.15 “Return Policy” means the return policy set out here.
  • 1.16 “Third Party Vendor” means a seller which, with Lazada’s permission, uses the Platform and/or Services to sell Products to Customers, and excludes Lazada.
  • 1.17 “Seller” means a seller of Products as described in Clause 2.3, and includes a Third Party Vendor.
  • 1.18 “Services” means services, information and functions made available by Seller at the Platform.
  • 1.19 “Terms & Conditions of Sale” means Clauses 1 to 11 and any Schedules to these terms and conditions.
  • 1.20 “Terms of Use” means the terms and conditions governing the Customer’s use of the Platform and/or Services.
  • 1.21 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform, including the Lazada trademark, which is property of Lazada South East Asia Pte. Ltd.
  • 1.22 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with Lazada.
  • 1.23 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.
  • 1.24 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

2. Interpretation: Any reference in these Terms & Conditions of Sale 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. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Lazada and the provision which is more favorable to Lazada shall prevail.

Last Updated: October 25, 2017.

Digital Vouchers & Gift Cards Terms and Conditions



I. General

a. The terms and conditions on the use of digital vouchers & gift cards sold on the Lazada platform by merchants/sellers are governed by specific Terms of Use of the merchant, and these terms and conditions.

b. Purchased digital vouchers and gift cards cannot be exchanged for cash. Each merchant of digital vouchers and gift cards operates its own policy on issuing replacements, where applicable, and subject to the terms of use of each digital voucher and/or gift card.

c. Customers can refer to the digital voucher or gift cards product page and emails/SMS for any merchant specific terms and conditions, such as but limited to the following: the time when they can be redeemed or used, validity, and expiry dates, if applicable.

II. Security of the Digital Vouchers and Gift Cards

a. The security of the digital vouchers and gift cards is the responsibility of the customer.

III. Usage & Restrictions

a. There are certain rules and restrictions which limit the use of digital vouchers & gift cards and these can be found on the product page of the specific digital voucher and gift card. The digital voucher or gift card is redeemable if it is used in accordance with the terms of use and the validity periods, if any. Please refer to the details for each digital voucher and gift card as they are described on the specific product page.

IV. Redeeming Digital Vouchers & Gift Cards

a. The instructions on how to redeem the digital vouchers and gift cards are made available on product page of the digital vouchers & gift cards.

b. For digital vouchers which can be used on other platforms or websites,

c. For digital vouchers that can be used in establishments such as but not limited to restaurants and hair salons, the redemption and use of such are described in the product page of the voucher. In general, you can bring the code, if any, or the message pertaining to the digital voucher or gift card to the establishment for redemption. If your order total exceeds the amount on your digital voucher or gift card, you can pay the remainder with a payment method available for the establishment.

d. For online checkouts where the digital voucher may be used as a form of discount, after entering your pin or voucher code of the digital vouchers and gift cards, the balance will immediately be deducted from the order total. If your order total exceeds the amount on your gift card, you can pay the remainder with a payment method available.

e. Multi-redemption may be allowed depending on the merchant as long as there is balance in the digital vouchers and gift cards’ value.

V. Refunds and Cancellations

a. Digital vouchers & gift cards cannot be returned or cancelled after purchase.

b. A replacement may be allowed provided there is a failure on the merchant’s system or error in the email and/or phone number provided by the customer.

c. Refunds for orders paid with a gift card are applied to the gift card (see your refund email if you no longer have the card).

d. For returning/exchanging a good/services purchased for gift cards, ensure to follow the merchants’ terms & conditions.

6. 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.

• Order fulfilment may be handled by the merchant , and the customer will receive direct communication regarding the pin code for digital vouchers & gift cards. For promotions, customers have the right to further provide consent based on customer’s discretion.

Mobile Load Terms and Conditions



  1. 1. Mobile load will be reloaded to the provided prepaid mobile number by the Customer. To avoid cancellation, the Customer shall make sure that the provided prepaid mobile number is active, valid, and compatible with the selected operator or provider.
  2. 2. The Customer shall be responsible for any errors in providing the prepaid mobile number, such as but not limited to any cancellations occurring caused by inactive, invalid, and incomplete provided mobile numbers and other errors committed by customer.
  3. 3. Mobile load using the same number will only be allowed for a maximum of 2 (two) times per day.
  4. 4. The limitation of mobile load as stated in point 3 shall be applied to all types of mobile load which will be purchased.
  5. 5. Lazada reserves the right to cancel and/or reject the order if the Customer failed to comply with this Mobile Load Terms and Conditions, the Lazada Terms of Use, and the Lazada Terms and Conditions of Sale, or if the purchase of mobile load meets the following criteria:
    1. - the purchase of mobile load is suspicious or suspected of fraud;
    2. - customers using multiple accounts or doing multiple check out which is associated with the same customer or group of customer. Lazada reserves the right to determine the definition of the same customer or associated customer or group of customer based on name, mobile number, email, address, or other information received by Lazada;
    3. - mobile credit purchase with intention to resell.
  6. 6. Lazada reserves the right to update this Mobile Load Terms and Conditions and/or cancel any promotions at any time subject to the provisions of the Lazada Terms of Use and the Lazada Terms and Conditions of Sale.

PRIVACY NOTICE TO LAZADA E-WALLET USERS



This notice applies to your access and use of the Lazada virtual E-Wallet (“Lazada E-Wallet”). This notice sets out how we may collect, use, disclose and otherwise process your “personal data”, “personally identifiable information” or other personal information (collectively, “Personal Data”) on behalf of Lazada. The Lazada E-Wallet is operated by Alipay for Lazada.

Capitalized terms used in this Privacy Notice but not defined here shall have the meaning ascribed to them in the Lazada E-Wallet User Terms and Conditions (“Terms and Conditions”). As set out in the Terms and Conditions, your Lazada E-Wallet may be used to make payment for the purchase of goods and services through the Lazada E-Wallet in accordance with the Terms and Conditions.

From time to time, it is necessary for you to provide Alipay with Personal Data in connection with the opening or continuation of your Lazada E-Wallet and the receipt of the services provided by Alipay under the Terms and Conditions. By agreeing to the terms of the Terms and Conditions and completing the registration as a user of the Lazada E-Wallet, you will be deemed to have agreed to and been notified of the terms of this notice concerning the collection, use, storage, transfer and disclosure of your Personal Data as set out in this notice.

If you do not supply such Personal Data to Alipay, it may result in us being unable to open or continue your Lazada E-Wallet, to provide services under the Terms and Conditions or to comply with any laws or guidelines issued by regulatory or other authorities.

The word “including” shall not be limiting.

A. COLLECTION OF PERSONAL DATA

We may obtain your Personal Data from various sources (e.g. from you or through third parties), including:

  1. 1. Information obtained (directly or indirectly) when you register as a user of the Lazada E-Wallet, including your name, address, telephone number, email address and device information (collectively, “Registration Information”).
  2. 2. Information obtained (directly or indirectly) during your use of the Lazada E-Wallet, including your bank account numbers, billing and delivery information, billing address, transaction data, credit/debit card numbers and expiration dates and other information from cheque or money orders (collectively, “Account Information”).
  3. 3. Registration Information, Account Information or other information may be accessed or collected (automatically or manually) during your registration as a user of the Lazada E-Wallet and/or during the course of your use of the Lazada E-Wallet.

The above information obtained by us may constitute your Personal Data. We have taken steps to ensure that we do not collect more information (whether or not such information constitutes Personal Data) from you than is necessary for us to provide you with our services, to perform the functions set out in Part B of this notice, to protect your account, comply with our legal obligations, protect our legal rights, and to operate our business.

B. USE OF PERSONAL DATA

We may use the Personal Data that we obtain about you for the following purposes:

  1. 1. Verifying your identity, including during your registration as a user of the Lazada E-Wallet.
  2. 2. Verifying your eligibility to register as a user of the Lazada E-Wallet or to use any of the features and functions of the Lazada E-Wallet.
  3. 3. Processing your registration as a user, allowing you to log-in using your Lazada log-in ID, and maintaining and managing your registration.
  4. 4. Providing you with Lazada E-Wallet and related customer services, including facilitating the settlement of purchase price for goods and services, shipping and related services for purchases, charge-backs, sending notices about your transactions, and responding to your queries, feedback, claims or disputes.
  5. 5. Improving, and expanding our offerings by way of research and development of new functions of your Lazada E-Wallet or other new products and services that we may offer from time to time.
  6. 6. Performing research, statistical analysis or surveys, whether orally or in writing, in order to manage and protect our business including our information technology infrastructure, to measure the performance of Lazada E-Wallet and other services we offer and to ensure your satisfaction with our services.
  7. 7. Analyzing trends, usages and other behaviors (whether on an individualized or aggregated basis), which helps us better understand how you and our collective user base access and use the Lazada E-Wallet and the underlying commercial activities conducted, including for purposes of improving our services and responding to customer queries and preferences.
  8. 8. Managing risk, performing creditworthiness and solvency checks, or assessing, detecting, investigating, preventing and/or remediating fraud or other potentially prohibited or illegal activities and otherwise protecting the integrity of our payment platform.
  9. 9. Detecting, investigating, preventing or remediating violations of the Terms and Conditions, any applicable internal policies, relevant industry standards, guidelines, laws or regulations.
  10. 10. Making such disclosures as may be required by any law or regulation of any country applicable to us or our affiliate, government official or other third party, including any card association or other payment network. Disclosures may also be made pursuant to any subpoena, court order, regulatory requests or other legal process or requirement in any country applicable to us or our affiliate.
  11. 11. Making any disclosure to prevent any harm or financial loss, to report any suspected illegal activity or to deal with any claim or potential claim brought against us or our affiliates.
  12. 12. Enabling any due diligence and other appraisals or evaluations for actual or proposed merger, acquisition, financing transactions or joint ventures.
  13. 13. Any other legitimate business purposes, such as protecting you and other users of Lazada E-Wallet from losses, protecting lives, maintaining the security of our systems and products, and protecting any of our other rights and/or properties.

We may also use your Personal Data in other ways for which we provide specific notice at the time of collection or for which you have subsequently consented.

C. DISCLOSURE OF PERSONAL DATA

Your Personal Data held by Alipay will be kept confidential but Alipay may provide such information to the following parties (whether within or outside your country of residence) for the purposes set out in B above subject to all relevant data privacy regulations such as the Data Privacy Act of 2012 and its implementing rules and regulations:

  1. 1. Alipay’s wholly or partly owned group companies.
  2. 2. Lazada and other members of the Lazada Group.
    1. a. Any agent, contractor or third party service provider that we work with in providing you with our services, including for fraud prevention, bill collection, data entry, database management, promotions, marketing, customer service, technology services, products and services alerts and payment extension services.
  3. 3. Entities with whom Alipay maintain business referral or other commercial arrangements, including third parties and entities belonging to the Lazada Group, Ant Financial Group and Alibaba Group.
  4. 4. Merchants and other organizations, such as card associations, payment networks or financial institutions, to whom or through which payments are made using the Lazada E-Wallet, or such other entities to enable your use of the Lazada E-Wallet.
  5. 5. Third party financial institutions, banks, collection agents, and credit agencies.
  6. 6. Professional advisers, law enforcement agencies, insurers, government and regulatory authorities or any other organizations to which Alipay is under an obligation to make disclosures under the requirements of any applicable law, regulation or commercial arrangement, including arrangements with any card association or payment network.
  7. 7. Entities involved in any merger, acquisition, financing transaction or joint venture with us.

D. SECURITY MEASURES AND RETENTION

We take all reasonable steps, including technical, administrative and physical safeguards, to help protect your Personal Data that we process from loss, misuse and unauthorized access, disclosure, alteration and destruction.

We will retain and procure our service providers to retain your Personal Data only for so long as is necessary for the purposes set out in this notice and in accordance with all applicable laws and regulatory requirements.

We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not save your log-in information (e.g., user ID and password) on that shared computer.

E. INTERNATIONAL DATA PROCESSING

Your Personal Data may be processed outside your country of residence (including outside Philippines), wherever Alipay, other members of the Ant Financial Group, Lazada and other members of the Lazada Group, Alibaba Group and other third parties to whom we may disclose Personal Data under C above operate, subject to all relevant data privacy regulations such as the Data Privacy Act of 2012 and its implementing rules and regulations. The countries where your Personal Data may be processed may not have the same data protection laws as the laws of your country of residence (including Philippines).

F. THIRD PARTY SERVICES AND WEBSITES

The Lazada E-Wallet may provide links to other websites and services (including apps operated by third parties) for your convenience and information. These services and websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you to review before you use any of their services or conduct any activities on those websites. To the extent that any linked websites you visit are not owned or controlled by us, we are not responsible for their contents, their privacy practices and the quality of their services.

G. CHANGES TO THIS NOTICE

Alipay reserves the exclusive right to change, amend or revise this notice from time to time.

H. FURTHER INFORMATION

If you wish to contact us, including if you wish to exercise any rights you may have under applicable law (such as exercising any right to opt-out of data processing), please do so by contacting the Data Protection Officer by the following means:


privacy@alipay.com.ph


Alipay may charge a reasonable fee for processing any of your requests if permitted by applicable law.

LAZADA E-WALLET USER TERMS AND CONDITIONS



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

A. The Lazada E-Wallet is operated by Alipay Philippines Inc. (“Alipay”) for Lazada E-Services Philippines, Inc. (“Lazada”).

  1. All references in these Terms and Conditions to "we," "us," or "our" shall refer to Alipay as operator of the Lazada E-Wallet. “You” and “your” shall refer to the User.
  2. The Lazada E-Wallet 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.
  3. By requesting and/or using the Lazada E-Wallet, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Lazada E-Wallet.

B. These Terms and Conditions are in addition to the terms and conditions governing your use of the Lazada Website and your Lazada Account.

C. These Terms and Conditions are supplemented by Lazada’s Membership Protection Policy as provided hereunder. The membership protection policy gives Lazada customers the assurance of authorized payments on the Lazada E-Wallet. The Membership Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the Lazada E-Wallet. The policy is spelled out below.

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 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 E-Wallet, from time to time as a gratuity, by crediting the coupon amount into the User’s Lazada E-Wallet, 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.

"Refund Coupon" means a refund coupon which is issued by Lazada, by way of 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.

"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. 1.1 You agree to:
    2. 1.1.1 use your Lazada E-Wallet only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Lazada E-Wallet in good faith;
    3. 1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Lazada E-Wallet, as well as any amendments thereto issued by us from time to time; and
    4. 1.1.3 ensure that any information or data you provide to us in connection with the Lazada E-Wallet is accurate.
      1. 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.
      2. 1.3 Use of the Lazada E-Wallet is restricted to registered users of the Lazada Website.

      2 REGISTRATION

      1. 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. 2.2 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 us, either limit your use of the Lazada E-Wallet or suspend or close your Lazada E-Wallet.
      3. 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 to process any refunds paid to you.
      4. 2.4 Each User is only entitled to have one (1) Lazada E-Wallet associated with his or her Lazada Account.
      5. Account information

      6. 2.5 You are solely responsible for keeping your username and password to your Lazada E-Wallet secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorized use of your username or password. If your username or password has been compromised, you must inform Lazada immediately.
      7. 2.6 All Personal Data provided to us will be handled, stored, and processed according to our Lazada E-Wallet privacy policy (“Privacy Policy”). By accepting these Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

      3 LAZADA PAYMENT ACCOUNT BALANCE

      1. 3.1 You may maintain funds in your Lazada E-Wallet, and such funds, less any monies owed to us, will be regarded as the balance of your Lazada E-Wallet ("Lazada E-Wallet Balance"). Funds can be accumulated in your Lazada E-Wallet 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").
      2. 3.2 You may also fund your Lazada E-Wallet by way of a Promo Coupon or a Refund Coupon issued to you by Lazada from time to time. Use of any Promo Coupons or Refund Coupons is subject to the terms and conditions thereof. Please note that Promo Coupons or Refund Coupons are not legal tender and are not transferable. The value of any Promo Coupons (prior to its applicable expiry date) and/or Refund Coupons will be included in your Lazada E-Wallet Balance.
      3. 3.3 For any transfer from a Payment Instrument to your Lazada E-Wallet Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.
      4. 3.4 Unless otherwise stated, you are solely liable for any fees raised by third parties including card issuers or banks, associated with funding your Lazada E-Wallet Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion
      5. 3.5 We reserve the right to impose limits on your use of Lazada E-Wallet from time to time, including (i) the amount of value you may load your Lazada E-Wallet at any one time; and (ii) the aggregate funds loaded to your Lazada E-Wallet over any time period.
      6. 3.6 The load limit for Lazada E-Wallet will be fifty thousand pesos (Php 50,000.00) per wallet. This load limit may be changed or amended by Alipay at its option pursuant to the applicable laws subject to 30 days notice to you. It is not a deposit account and therefore, it is not covered by the Philippine Deposit Insurance Corporation (PDIC) and it does not earn interest.
      7. 3.7 Alipay may, at its sole discretion, run a loyalty or rewards programme relating to the use of the Lazada E-Wallet. Your rights and obligations in relation to any such loyalty or rewards programme shall be covered by separate terms and conditions specific to the relevant loyalty or rewards programme.

      4 USING YOUR LAZADA PAYMENT ACCOUNT

      1. 4.1 You may use your Lazada E-Wallet 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 E-Wallet. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
      2. 4.2 Each time you use your Lazada E-Wallet, you authorize us to reduce the value available in your Lazada E-Wallet 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, if applicable, (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which have been credited to your Lazada E-Wallet Balance. You can only make payments using your Lazada E-Wallet to the extent that you have Lazada E-Wallet Balance sufficient to support those transactions. You are not allowed to make purchases in excess of your Lazada E-Wallet Balance. We will not extend credit in connection with your use of your Lazada E-Wallet, and you must repay us immediately if your Lazada E-Wallet Balance is ever less than zero for whatever reason.
      3. 4.3 You are responsible for all transactions initiated and fees incurred by using your Lazada E-Wallet. If other persons access your Lazada E-Wallet, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use, subject to the provisions below.
      4. 4.4 You must notify us immediately of any unauthorized use of Lazada E-Wallet or any other breach of security regarding the Lazada E-Wallet of which you have knowledge. You must report any such activities within ninety (90) days of the date of the relevant transaction for any claims for unauthorized use of your Lazada E-Wallet to be valid for consideration under Lazada’s Membership Protection Policy. You hereby waive your right to seek any further compensation or claim against us.
      5. 4.5 The details in the confirmation message after every transaction and the entries in your Lazada E-Wallet or transaction history statement are presumed true and correct unless you notify in writing of any disputes thereon within ninety (90) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries in your Lazada E-Wallet and transaction history statement are deemed conclusively true and correct. Disputed transactions shall only be credited back to your Lazada E-Wallet once the relevant claim or dispute has been properly processed, investigated, and proven in your favour.
      6. 4.6 Notwithstanding anything to the contrary under Lazada’s Membership Protection Policy, you agree that we will not process any chargeback or payment reversal or otherwise compensate you for any loss resulting from any claims for unauthorized use of your Lazada E-Wallet under any of the following events, as determined at our sole and absolute discretion:
        1. 4.6.1 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;
        2. 4.6.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your Lazada E-Wallet log-in details to a third party;
        3. 4.6.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
        4. 4.6.4 where any funds in your Lazada E-Wallet are subject to legal process or other encumbrance restricting transfer;
        5. 4.6.5 where any such transactions took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
        6. 4.6.6 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.
      7. 4.7 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 E-Wallet.
      8. 4.8 We shall have the right to refuse any transaction on your Lazada E-Wallet if:
        1. 4.8.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your Lazada Account; or
        2. 4.8.2 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.
        3. 4.8.3 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 E-Wallet.
      9. 4.9 When using your Lazada E-Wallet 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.
        1. 4.10 For each purchase transaction, you make on the Lazada Website, we will transfer funds from your Lazada E-Wallet when the first of any of the following events occurs:
        2. 4.10.1 we receive confirmation of a successful completion of the purchase from Lazada;
        3. 4.10.2 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. 4.10.3 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
        5. 4.10.4 Lazada or any of its affiliates, or us, or any of our affiliates receive 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.
      10. 4.11 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
      11. 4.12 If you experience any difficulties with your Lazada E-Wallet, please contact us at [website]. If you have placed an order on the Lazada Website and experience difficulties with your order, please contact customer service [Website].
      12. 4.13 You shall complete any purchases in accordance with the applicable terms and conditions of the Lazada Website, which may be amended from time to time at Lazada’s discretion without notice.
      13. 4.14 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 E-Wallet. If your failure to do so results in any delay in any transaction on your Lazada E-Wallet, neither we nor Lazada shall be liable for any loss or damages arising from such delay.
      14. 4.15 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 E-Wallet should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your Lazada Account Balance.
      15. 4.16 We may report any suspicious activity in connection with your Lazada E-Wallet to the relevant authorities.

      5 FEES

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

      6 REFUNDS

      1. If, having purchased goods or services on the Lazada Website using your Lazada E-Wallet, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that we will either (i) issue a Refund Coupon to be credited to your Lazada E-Wallet Balance for such refunds; 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.

      7 CLOSURE AND NON-USE OF YOUR LAZADA PAYMENT ACCOUNT

      1. 7.1 You may request that we close your Lazada E-Wallet at any time by contacting our customer support team. Contact details of the customer support team are available at [website].
      2. 7.2 We may, at any time and at our absolute and sole discretion:
        1. 7.2.1 discontinue your use of the Lazada E-Wallet or any part thereof;
        2. 7.2.2 close your Lazada E-Wallet; and/or
        3. 7.2.3 reactivate your Lazada E-Wallet upon the completion of any relevant internal investigations (where applicable).
      3. 7.3 We shall endeavor to provide notice of any such discontinuation or closure of your Lazada E-Wallet. You agree that we shall not be liable to you in relation to any inability of yours to access your Lazada E-Wallet or any part thereof.
      4. 7.4 Closure of your Lazada E-Wallet will not cancel any cleared transactions which you have already undertaken.
      5. 7.5 If your Lazada E-Wallet is closed for any reason, we will contact you to arrange for the refund of any residual electronic funds in that Lazada E-Wallet as set out in clause 7.6. In no event shall you be entitled to any refund in respect of any Lazada E-Wallet Balance attributable to Promo Coupons.
      6. 7.6 You remain liable for all obligations related to your Lazada E-Wallet. Closure of your Lazada E-Wallet does not relieve you of any liability pertaining to your Lazada E-Wallet. In the event of a pending investigation at the time your Lazada E-Wallet is closed, we may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect us against any loss. If we suspect that you have used your Lazada E-Wallet for any illegal purposes, we may hold any outstanding Lazada E-Wallet Balance for such time as we determine in our absolute discretion or as required by law.
      7. 7.7 We will refund any electronic funds in your Lazada E-Wallet as soon as practicable after its closure through any payment method we deem in our discretion most suitable, on the condition that you provide us with:
        1. 7.7.1 valid bank account details where the name and address details of that bank account's holder match the name and address details of your Lazada E-Wallet; and
        2. 7.7.2 a copy of a valid form of ID (e.g. a passport or driver’s licence), which we may accept at Lazada’s sole discretion.
      8. 7.8 We have the right not to return to you any disputed funds or any funds which relate to a breach of these Terms and Conditions until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.
      9. 7.9 If you have not transacted on your Lazada E-Wallet for 12 months or more, your Lazada E-Wallet shall be deemed inactive and we reserve the right to impose an administrative charge against the remaining amount in your Lazada E-Wallet Balance, until a transaction is made. Your Lazada E-Wallet will be terminated by us once there are insufficient funds to pay the administrative charges.
      10. 7.10 We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after your Lazada E-Wallet has closed or before any refunds are processed.

      8 AMENDMENTS

      1. We may amend these Terms and Conditions any time by posting an updated version at (http://www.lazada.com.ph/lazada-wallet-terms-condition). The updated version of these Terms and Conditions shall take effect immediately upon posting. Each time you use your Lazada E-Wallet you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time.

      9 AVAILABILITY OF LAZADA PAYMENT ACCOUNT

      1. We may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of your Lazada E-Wallet and we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your Lazada E-Wallet or any part of it.

      10 REPRESENTATIONS, WARRANTIES, AND INDEMNITY

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

      11 RESTRICTED ACTIVITIES

      1. 11.1 In connection with your use of your Lazada E-Wallet, you shall not:
        1. 11.1.1 Provide false, inaccurate or misleading information;
        2. 11.1.2 Use your Lazada E-Wallet for any illegal activities;
        3. 11.1.3 Use your Lazada E-Wallet in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the relevant card system or a violation of the relevant card association or network rules; or
        4. 11.1.4 Breach these Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.
      2. 11.2 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:
        1. 11.2.1 We may suspend or restrict your access to and/or close your Lazada E-Wallet;
        2. 11.2.2 We may terminate these Terms and Conditions and refuse to provide the services to you;
        3. 11.2.3 We may place a hold on your Lazada E-Wallet Balance for up to 180 days if reasonably needed to protect against the risk of liability; or
        4. 11.2.4 We may take legal action against you.
      3. 11.3 If you are below 18 years old you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Lazada E-Wallet; (ii) any charges associated with your use of any of the Lazada E-Wallet; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Lazada E-Wallet.

      12 DISCLAIMER

      1. 12.1 You agree that all risks arising from your use of the Lazada E-Wallet will be borne by you.
      2. 12.2 We make no warranty that:
        1. 12.2.1 the Lazada E-Wallet will meet your requirements;
        2. 12.2.2 the Lazada E-Wallet services will be uninterrupted, timely or error free; or
        3. 12.2.3 any products, information or material purchased by you using the Lazada E-Wallet will meet your requirements.
      3. 12.3 Except as expressly provided in these Terms and Conditions and to the fullest extent permitted by law, the Lazada E-Wallet and related services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.
      4. 12.4 To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the Lazada E-Wallet and related services. In any event, our total aggregate liability to you under these Terms and Conditions or in relation to your use of the Lazada E-Wallet will not exceed your Lazada E-Wallet Balance at the point in time when such liability arose.
      5. 12.5 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.
      6. 12.6 In the event that it is demonstrated that you are below the age of 18 when you agreed to these Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the Lazada E-Wallet.

      13 NOTICES

      1. 13.1 Notices from us
        1. 13.1.1 You agree that all notices or other communications from us are deemed to have been given to you if:
        2. (i) communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or
        3. (ii) sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.
      2. 13.2 Notices from you
      3. You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
      4. 13.3 Other modes of notifications
      5. 13.3.1 Notwithstanding Clauses 13.1 and 13.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

      14 GENERAL TERMS

      1. 14.1 Cumulative rights and remedies
        Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.
      2. 14.2 No waiver
        Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.
      3. 14.3 Severability
        If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
      4. 14.4 Rights of third parties
        A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.
      5. 14.5 Governing law
        Use of the Lazada E-Wallet, and these Terms and Conditions shall be governed by and construed in accordance with Philippine law and you hereby submit to the exclusive jurisdiction of the courts of Taguig City.
      6. 14.6 Disputes
      7. 14.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your Lazada E-Wallet (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
      8. 14.6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.
      9. 14.7 Injunctive relief
        We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
      10. 14.8 Correction of errors
        Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
      11. 14.9 Language
        In the event that these Terms and Conditions is executed or translated in any language other than English to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.
      12. 14.10 Entire agreement
        These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
      13. 14.11 Binding and conclusive
        You acknowledge and agree that any records (including records of any telephone conversations relating to the Lazada E-Wallet, if any) maintained by us and/or our service providers relating to or in connection with the Lazada E-Wallet shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
      14. 14.12 Sub-contracting and delegation
        We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with Lazada E-Wallet to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.
      15. 14.13 Assignment
        You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.
      16. 14.14 Force Majeure
        We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of Lazada E-Wallet if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.