Terms Of Use
Welcome to the Laza1688.org website. Please read these Terms of Use carefully. These Terms of Use govern your access to and use of the Platform (as defined below) and your 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 with these Terms of Use, you must not access or use the Platform or the Services.
These Terms of Use set out important information regarding what you may and may not do when accessing and using the Platform. If you are using any engagement tools provided by Lazada on its websites, the Platform Engagement Tools Terms & Conditions shall apply in addition to these Terms of Use.
If you are accessing, uploading, or viewing:
1. content generated by you or any other users of the Platform (including Sellers); and/or
2. content generated by third parties engaged by Lazada and made available on the Platform,
the Content Terms of Service shall also apply.
If you are purchasing Products on Lazada, the applicable terms governing your purchase will depend on the channel through which you purchase the Products:
1. For Products purchased via the Lazada Channel, the Terms of Sale shall apply;
2. For Products purchased via the LazMall Channel, the LazMall Terms & Conditions shall apply;
3. For Mobile Credit purchases, the Mobile Credit Top-Up Terms and Conditions shall apply;
4. For Digital Goods, the Digital Vouchers & Gift Cards Terms and Conditions shall apply; and
5. For use of Lazada Wallet, the Lazada Wallet User Terms and Conditions shall apply.
Access to and use of password-protected and/or secure areas of the Platform, and/or use of the Services, is restricted to Customers who have valid registered accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of the 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 under the age of 18: You must obtain consent from your parent(s) or legal guardian(s). Your parent(s) or legal guardian(s) must accept these Terms of Use and agree to be responsible for: (i) your actions; (ii) any charges associated with your use of the Services or purchase of Products; and (iii) your compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must immediately stop accessing and using the Platform and the Services.
1. Definitions and Interpretation
1.1 Unless otherwise defined herein, the definitions and rules of interpretation set forth in Schedule 1 shall apply to these Terms of Use.
2. General Use of Services and/or Access to the Platform
2.1 Guidelines for Use of the Platform and/or Services:
You agree to comply with all guidelines, notices, operating rules, policies, and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments thereto that we may issue from time to time. We reserve the right to revise such guidelines, notices, operating rules, policies, and instructions at any time, and you shall be deemed to be aware of and bound by any changes thereto upon their publication on the Platform.
2.2 Restricted Activities:
You agree and undertake NOT to:
(a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform and/or Services for any unlawful purpose;
(c) attempt to gain unauthorized access to, interfere with, or disrupt any computer systems or networks connected to the Platform or the Services;
(d) post, promote, or transmit through the Platform and/or Services any Prohibited Materials;
(e) interfere with any other party’s use and enjoyment of the Platform or the Services;
(f) use or upload any software or material that contains, or that you have reason to suspect contains, viruses, harmful components, malicious code, or other damaging elements which may impair or corrupt the Platform’s data, or damage or interfere with the operation of any other Customer’s computer, mobile device, or the Platform and/or Services; or
(g) use the Platform and/or Services in any manner inconsistent with the acceptable use policies of any connected computer networks, applicable Internet standards, or any other applicable laws.
2.3 Availability of the Platform and Services:
We may, from time to time and without prior notice or reason, upgrade, modify, suspend, discontinue, or remove the Platform or any part of the Services, whether in whole or in part, and we shall not be liable if such upgrade, modification, suspension, discontinuance, or removal prevents your access to 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, and we may, in our sole and absolute discretion, investigate any violation of these Terms of Use and take any action we deem appropriate;
(b) prevent or restrict any Customer’s access to the Platform and/or the Services;
(c) report any activity suspected of violating any applicable law, statute, or regulation to the appropriate authorities, and cooperate fully with such authorities; and/or
(d) request any information and data from you in connection with your use of the Services and/or access to the Platform at any time, and exercise our rights under this Clause if you refuse to provide such information and/or data, or if you provide or we have reasonable grounds to suspect that you have provided false, misleading, or fraudulent information and/or data.
2.5 Privacy Policy:
Your use of the Services and/or access to the Platform is also governed by our Privacy Policy, as made available on the Platform.
2.6 Supplementary Terms:
The Terms of Sale, LazMall Terms and Conditions, Mobile Credit Top-Up Terms and Conditions, Digital Vouchers & Gift Cards Terms and Conditions, and Lazada Wallet User Terms and Conditions are subject to and shall be read together with these Terms of Use.
2.7 Additional Terms:
In addition to these Terms of Use, specific aspects of any Materials or Services, or any more comprehensive or updated versions of the Materials provided by us or our designated subcontractors, may be subject to additional terms and conditions, which shall apply in full force and effect.
3. Use of Services
3.1 Application:
In addition to all other provisions of these Terms of Use, the terms set forth in this Clause 3 constitute additional specific terms and conditions governing your use of the Services.
3.2 Eligibility and Restrictions:
Use of the Services is restricted to authorized Customers who are of legal age and have the legal capacity to enter into and form binding contracts under applicable law. Customers who have breached, are in breach of, or have been permanently or temporarily suspended from using any of the Services, are not permitted to use the Services, even if they otherwise meet the requirements set forth in this Clause 3.2.
3.3 General Terms of Use:
You agree:
(a) to access and/or use the Services solely for lawful purposes and in a lawful manner at all times, and further agree to conduct all activities related 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 true, accurate, and complete, and you agree to take full responsibility for such information and data.
Lazada reserves the right, in its sole discretion, to cancel or reject any use of the Services, including without limitation where it determines or suspects that any transaction is fraudulent.
3.4 Product Descriptions:
While we endeavor to provide accurate and up-to-date descriptions of the Products, we do not warrant that such descriptions are accurate, current, or error-free.
3.5 Product Prices:
All listed prices are exclusive or inclusive of applicable taxes, as stated. We reserve the right to amend any Listing Prices at any time and for any reason without prior notice.
3.6 Third-Party Vendors:
You acknowledge that parties other than Lazada (i.e., Third-Party Vendors) list and sell Products on the Platform. Whether a particular Product is offered for sale by Lazada or by a Third-Party Vendor may be indicated on the Product listing page. For the avoidance of doubt, each contract for the sale of a Product by a Third-Party Vendor to a Customer constitutes a direct agreement solely between the Third-Party Vendor and the Customer. You further acknowledge that Third-Party Vendors may engage paid promotional services offered by Lazada to feature their Product listings more prominently within your search results on the Platform. Such listings may display a “megaphone” icon.
4. Customers with Lazada Accounts
4.1 Username and Password:
Certain Services available on the Platform may require you to create an account with us or provide Personal Data. If you request to create an account, a Username and Password may either be:
(a) assigned and issued to you by us; or
(b) provided by you and accepted by us, at our sole and absolute discretion, for the purpose of using the Services and/or accessing the Platform.
We reserve the right, at any time and in our sole and absolute discretion, to request that you update your Personal Data, or to immediately invalidate your Username and/or Password without giving any reason or prior notice. We shall not be liable or responsible for any Losses incurred by or caused to you, arising out of or in connection with such request or invalidation. You agree to change your Password periodically and to keep your Username and Password confidential at all times. You shall be fully responsible for the security of your account and liable for any disclosure or use (whether authorized or unauthorized) of your Username and/or Password. You must notify us immediately if you know or have reason to suspect that the confidentiality of your Username and/or Password has been compromised, or if there has been any unauthorized use of your Username and/or Password, or if your Personal Data requires updating.
4.2 Biometric Verification Service:
If your device supports fingerprint or facial recognition technology, you may set up and use these features as verification methods in place of your Username and/or Password, or a one-time PIN (OTP), to confirm your identity when accessing the Platform and/or using the Services (including for payment verification) (“Biometric Verification”). You acknowledge and agree that to use the Biometric Verification:
(a) you must install our mobile application on a permitted mobile device. For purposes of this Clause, a permitted mobile device is one deemed to be a “trusted device” that meets the security criteria determined by Lazada at its sole discretion from time to time;
(b) you must ensure that the fingerprint or facial recognition function is enabled on your permitted mobile device, and that your facial identification or fingerprint has been registered and stored on that device;
(c) you must ensure that only your facial and/or fingerprint identification are stored on your permitted mobile device for device access control. You understand that upon activating Biometric Verification on your account, any facial or fingerprint identification stored on your permitted mobile device may be used to access the Platform and/or Services under your account;
(d) you are solely responsible for the safety and security of your mobile device, its facial or fingerprint recognition function, and any facial or fingerprint identification stored on your device;
(e) by enabling Biometric Verification in your account, you authorize Lazada to access your device’s facial or fingerprint recognition function and data, and you consent to Lazada using this information solely to confirm your identity for accessing the Platform and/or Services (including payment verification). Lazada does not collect, process, or store your facial or fingerprint information in providing this service;
(f) the facial or fingerprint authentication module of the permitted mobile device is not provided by Lazada, and Lazada makes no representation or warranty regarding the security, functionality, or accuracy of any Biometric Verification feature or whether it operates as represented by the device manufacturer;
(g) unless prohibited by applicable law from limiting or excluding liability, Lazada shall not be liable for any loss you may incur arising out of or in connection with your use or attempted use of Biometric Verification, your access to your account or verification of any payment through Biometric Verification, your instructions, or any unauthorized transactions conducted through or related to the Biometric Verification service;
(h) Lazada does not guarantee that the Biometric Verification service will be accessible at all times or that it will be compatible with any specific electronic equipment, software, infrastructure, or other Services we may offer from time to time. You may at any time opt to access the mobile application using your Username and Password instead, and/or choose to disable the Biometric Verification service through your mobile application settings once you are signed in; and
(i) we reserve the right to revoke or suspend your access to the Biometric Verification service at our sole discretion, including but not limited to cases involving suspected unauthorized use or security breaches.
4.3 Purported Use and 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 (including any access using Biometric Verification) shall be deemed to be:
(a) access to the relevant Platform and/or use of the Services by you; or
(b) information, data, or communications posted, transmitted, or validly issued by you.
Your Username, Password, and any facial or fingerprint identification used for Biometric Verification are confidential information and shall not be disclosed or shared with any other party. We will always assume that any use of your Username, Password, and/or Biometric Verification has been performed by you personally and shall have the right to rely on and treat such access or activity as having been carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and shall fully indemnify us against any and all Losses resulting from any use of the Services and/or access to the Platform referable to your Username and Password or Biometric Verification.
5. Intellectual Property
5.1 Ownership:
All Intellectual Property rights in and to the Platform and the Materials are owned by, licensed to, or controlled by us, our licensors, or our service providers. We reserve all rights to enforce our Intellectual Property to the fullest extent permitted by applicable law.
5.2 Restricted Use:
No part of the Platform or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, modified, 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, systems, or equipment without our prior written consent or that of the relevant copyright owners. Subject to Clause 5.3, you are granted permission to download, print, or use the Materials solely for personal and non-commercial use, 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:
All Trademarks are registered or unregistered trademarks owned by us or by third parties. Nothing contained on the Platform or in these Terms of Use shall be construed as granting, whether 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 prior written permission or that of the applicable trademark owner.
6. Refunds, Returns and Replacements
6.1 Returns Policy:
All returns must be carried out strictly in accordance with the instructions and procedures set out in the Lazada Returns Policy.
7. Questions and Complaints
7.1 If you have any questions or complaints, you may either (i) contact the Seller directly via the Platform, or (ii) contact Lazada through the “Contact Us” page on the Platform, as applicable.
7.2 In the event that the Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, Lazada reserves the right, at its sole discretion, to propose and implement an appropriate resolution.
8. Your Submissions and Information
8.1 Submissions by You:
You hereby grant us a non-exclusive license to use any 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 further grant us the right to use the name or Username that you submit in connection with such review, comment, or other content. You shall not use a false email address, impersonate any person or entity, or otherwise mislead us or any third party as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions at our sole discretion.
8.2 Consent to Receive Emails:
You consent to and authorize our use of any information provided by you (including Personal Data) for the purpose of sending you informational and promotional emails. Your consent under this Clause 8.2 shall constitute your consent for the purpose of any applicable spam control laws (whether in Malaysia or elsewhere). You may subsequently opt out of receiving promotional emails by clicking the appropriate hyperlink included in any such email.
8.3 Privacy Policy:
You acknowledge that you have read and agree to the Privacy Policy as published on the Platform and you consent to our collection, use, and disclosure of your Personal Data for the purposes stated in the Privacy Policy.
9. Termination
9.1 Termination by Us:
At our sole and absolute discretion, we may, with immediate effect and upon providing you with notice, terminate your use of the Platform and/or Services and/or disable your Username, Password, and/or Biometric Verification function. We may block or restrict your access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including but not limited to any breach of these Terms of Use, if we believe that you have violated or acted inconsistently with any of the terms or conditions herein, or if, in our opinion or that of any relevant regulatory authority, it is no longer appropriate to continue providing services related to the Platform.
10. Notices
10.1 Notices from Us:
All notices or other communications from us to you shall be deemed duly given if:
(a) communicated through any print or electronic media as we may select, and shall be deemed notified to you on the date of publication or broadcast; or
(b) sent by post or delivered to your last known address, and shall be deemed received by you on the day following such posting or on the day it was so delivered.
10.2 Notices from You:
Any notice you wish to give to us must be in writing and sent to our designated mailing address or email address. Such notice shall be deemed received by us only upon actual receipt. While we endeavor to respond promptly to notices from you, we do not guarantee that we will always respond within a specific timeframe.
10.3 Other Modes:
Notwithstanding Clauses 10.1 and 10.2 above, we may, from time to time, designate other acceptable methods for providing notice (including but not limited to email, SMS, or other forms of electronic communication) and may specify when or under what circumstances such notice shall be deemed given.
11. General
11.1 Cumulative Rights and Remedies:
Unless otherwise expressly provided in these Terms of Use, all provisions herein and our rights and remedies are cumulative and are without prejudice to, and in addition to, any other rights or remedies available to us under applicable law or in equity. No exercise by us of any one right or remedy under these Terms of Use, at law, or in equity shall, except to the extent expressly provided, preclude or limit the exercise of any other right or remedy.
11.2 No Waiver:
Our failure or delay to enforce any provision of these Terms of Use shall not operate as a waiver of that provision, nor shall it affect our right to enforce that provision or any other provision subsequently. We reserve the right to enforce our rights and remedies at any time should you breach these Terms of Use.
11.3 Severability:
If any provision of these Terms of Use is held by a competent authority to be illegal, invalid, or unenforceable in whole or in part, such provision shall be deemed severed from these Terms of Use and shall not affect the legality, validity, and enforceability of the remaining provisions, which shall remain in full force and effect.
11.4 Rights of Third Parties:
A person or entity who is not a party to these Terms of Use shall have no rights under the Contracts Act 1950 of Malaysia or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, whether identified by name, as a member of a class, or as answering a particular description. For the avoidance of doubt, this does not affect the rights of any permitted assignee or transferee of these Terms of Use.
11.5 Governing Law:
These Terms of Use, and your use of the Platform and/or Services, shall be governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the courts of Malaysia.
11.6 Arbitration:
Except as provided in Clause 11.5, any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator appointed by the Director of the AIAC. The seat of arbitration shall be Malaysia. Any award rendered shall be final and binding upon the parties.
11.7 Injunctive Relief:
We may seek immediate injunctive relief if we determine in good faith that a breach or non-performance by you is such that a temporary restraining order or other injunctive relief is the only adequate remedy.
11.8 Amendments:
We may, by notice through the Platform or any other method of notification we may designate (including but not limited to notification by email), amend these Terms of Use. Any such variation shall take effect on the date specified in the notice. Your continued use of the Platform and/or Services after such date constitutes your agreement to the variation. If you do not accept the variation, you must cease accessing or using the Platform and the Services and terminate these Terms of Use. We may exercise this right to amend without obtaining the consent of any person or entity who is not a party to these Terms of Use.
11.9 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.
11.10 Currency:
All monetary references in these Terms of Use shall be in Malaysian Ringgit (MYR).
11.11 Language:
In the event these Terms of Use are executed or translated in any language other than English (“Foreign Language Version”), the English language version shall prevail and govern in the event of any conflict or inconsistency.
11.12 Entire Agreement:
These Terms of Use constitute the entire agreement between you and us with respect to the subject matter herein and supersede and replace all prior or contemporaneous understandings, communications, and agreements relating to such subject matter.
11.13 Binding and Conclusive:
You acknowledge and agree that any records (including telephone conversation recordings, if any) maintained by us or our service providers relating to the Platform and/or Services shall be binding and conclusive on you for all purposes and shall be conclusive evidence of any information and/or data transmitted between you and us. You agree that such records are admissible in evidence and that you shall not challenge their admissibility, reliability, accuracy, or authenticity merely because they are in electronic form or the output of a computer system. You hereby waive any right to so object.
11.14 Sub-contracting and Delegation:
We reserve the right to delegate or subcontract the performance of any of our obligations in connection with the Platform and/or Services, and to use service providers, subcontractors, and/or agents on such terms as we deem appropriate.
11.15 Assignment:
You may not assign your rights or obligations under these Terms of Use without our prior written consent. We may assign our rights or obligations under these Terms of Use to any third party at our sole discretion.
11.16 Force Majeure:
We shall not be liable for any non-performance, error, interruption, or delay in the performance of our obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability, or unsuitability of the Platform or Services due to circumstances beyond our reasonable control.
Schedule 1 – Definitions and Interpretation
1. Definitions
1.1 “Biometric Verification” has the meaning given in Clause 4.2 of these Terms of Use.
1.2 “Business Day” means a day (excluding Saturdays and Sundays) on which banks are generally open for business.
1.3 “Customer” means an authorized user of the Platform and/or the Services.
1.4 “Customer Contract” has the meaning given in Clause 2.6.
1.5 “Intellectual Property” means all copyrights, 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 any of the foregoing, whether existing now or created in the future, anywhere in the world, whether registered or unregistered, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, present or future infringement, misappropriation, or violation of any of these rights.
1.6 “Laza,” “we,” “our” and “us” refer to Ecart Services Malaysia Sdn. Bhd. (Company No.: 201201009845 (983365-K)), a company incorporated in Malaysia with its registered address at Unit 30-01, Level 30 Tower A, Vertical Business Suite, Avenue 3, Bangsar South, No. 8 Jalan Kerinchi, 59200 Kuala Lumpur.
1.7 “Listing Price” means the price of Products listed for sale to Customers as displayed on the Platform.
1.8 “Losses” means all penalties, losses, settlement amounts, 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 “Materials” means, collectively, all web pages on the Platform, including but not limited to information, images, links, sounds, graphics, videos, software, applications, and other materials displayed or made available on the Platform, as well as the functionalities or services provided through the Platform.
1.10 “Order” means your order for Products submitted through the Platform in accordance with the applicable Terms of Sale.
1.11 “Password” means the valid password that a Customer with a Lazada account may use, together with the Username, to access the Platform and/or Services.
1.12 “Personal Data” means data, whether true or not, that can be used to identify, contact, or locate you. Personal Data includes, but is not limited to, your name, email address, billing address, shipping address, phone number, and credit card information. “Personal Data” shall also include any data you provide to us when placing an Order, whether or not you have an account with us.
1.13 “Platform” means the web version of the website operated and/or owned by Lazada, currently located at Laza1688.org, and excludes any mobile application versions.
1.14 “Privacy Policy” means the privacy policy as set out on the Platform.
1.15 “Product” means any product (including any installment or component thereof) available for sale to Customers on the Platform.
1.16 “Prohibited Material” means any information, graphics, photographs, data, or 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 other proprietary rights;
(c) is defamatory, libelous, or threatening;
(d) is obscene, pornographic, indecent, counterfeit, fraudulent, stolen, harmful, or otherwise illegal under applicable law; and/or
(e) is, or may be deemed in our sole opinion to be, offensive and/or otherwise objectionable.
1.17 “Returns Policy” means the returns policy set out on the Platform.
1.18 “Seller” means a seller of Products as described in Clause 2.3 and includes any Third-Party Vendor.
1.19 “Services” means the services, information, and functionalities made available by us on the Platform, including but not limited to payment services.
1.20 “Submission” has the meaning given in Clause 8.1 of these Terms of Use.
1.21 “Terms of Sale” means the terms and conditions governing a Customer’s purchase of Products, as set out on the Platform.
1.22 “Terms of Use” means the recitals, Clauses 1 through 11, and any Schedules governing the Customer’s use of the Platform and/or Services.
1.23 “Third-Party Vendor” means a seller who, with Lazada’s permission, uses the Platform and/or Services to sell Products to Customers and who is not Lazada.
1.24 “Trademarks” means the trademarks, service marks, trade names, and logos used and displayed on the Platform.
1.25 “Username” means the unique verification name or code that identifies a Customer with a Lazada account.
1.26 “Voucher” means a voucher for credit that may be used by a Customer, subject to applicable terms and conditions, towards the payment for purchases on the Platform.
1.27 “Voucher Terms & Conditions” means the terms and conditions set out on the Platform regarding the use of Vouchers.
1.28 “You” and “your” refer to individuals over the age of 18 or, where applicable, individuals 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 these Terms of Use, whenever the words “include,” “includes,” or “including” are used, they shall be deemed to be followed by the words “without limitation.” Unless expressly stated otherwise, all references to a number of days refer to calendar days, and the words “month” or “monthly” as well as any reference to a number of months refer to calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of any conflict or inconsistency between two or more provisions of these Terms of Use, whether contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Lazada, and the provision more favorable to Lazada shall prevail.