Platform Engagement Tools Terms & Conditions
1. Acceptance of Terms and Conditions
1.1. The following Platform Engagement Tools Terms & Conditions (the “Platform Terms”) govern the use of the platform
engagement tools and other related services (collectively, the “Tools” and, each a “Tool”) provided by Lazada E-Services
Philippines, Inc. of 23rd Floor, Seven/Neo Building, 5th
Avenue, Bonifacio Global City, Taguig City, Metro Manila, Philippines
(hereinafter referred to as “Lazada”)
on Lazada’s websites and/or mobile applications (the “Platform”).
1.2. By using any of the Tools, you are agreeing to be bound by these Platform Terms as a
User (as defined below). These Platform Terms are in addition to the Terms
of Use and the Terms & Conditions of Sale,
which shall continue to govern your use of the Platform and which are hereby incorporated
by reference into these Platform Terms. Unless otherwise defined, the
definitions and provisions in respect of interpretation in the Terms of Use
will apply to these Platform Terms.
1.3. The use of the Tools may be subject to additional terms (“Additional Terms”)
that Lazada may prescribe from time to time. In relation to any Tool, the
Additional Terms that govern the use of such Tool shall be made accessible via
such Tool. If you do not agree to any of the Additional Terms, you should
discontinue your use of the Tools that are subject to those Additional Terms.
1.4. In the case of any inconsistency or
conflict between any documents referred to in these Platform Terms that is not
expressly resolved in those documents, such inconsistency or conflict will be
resolved in the following order of descending priority: the relevant Additional
Terms, the Platform Terms, the Terms of Use and the Terms & Conditions of
Sale.
1.5. All rewards (including, without limitation, virtual items
such as LazCoins, LazGems, deal, platform or brands vouchers) acquired via the
Tools shall be subject to the Digital Vouchers & Gift Cards Terms and Conditions
and the Terms and Conditions of Sale, to the extent that the same are
applicable.
2. Tools Conditions
2.1. The Tools are offered solely for the purpose of a User’s personal entertainment and benefit. The use of the Tools
for business or commercial purposes is strictly prohibited.
2.2. Lazada may, from time to time and without giving any reason or prior notice, upgrade,
modify, suspend, discontinue the provision of, or remove any of the Tools, and
Lazada shall not be liable if any such upgrade, modification, suspension,
discontinuation or removal affects your use of the Platform or prevents you
from accessing any of the Tools.
2.3. A “User” means a Customer who has installed the Lazada mobile app and
registered for a customer account on the Platform. The use of certain Tools may
be subject to additional terms of eligibility, which shall be prescribed by
Lazada in its sole discretion; such additional terms of eligibility would be
set out in the relevant Additional Terms.
2.4. Users shall be prohibited from running the Tools (including all individual mobile
application page interfaces) with programs other than the relevant Lazada
client program provided by Lazada. Examples of prohibited programs include,
without limitation, automated bots and other tools meant to replace or
supplement the relevant Lazada client program provided by Lazada, as well as
scripts and completely or partially automated programs that provide any User
with any advantage over other Users by enabling, for example, auto-refresh
functions and other integrated browser mechanisms that use or concern automated
procedures for using the Tools.
2.5. Users are, under no circumstances, permitted to do any of the following:
(i) create, exploit or use bugs, cheats, mods and/or hacks, or any other third party
software products that may change the result, function or gameplay of the Tools;
(ii) use software that allows the mining or scraping of data or otherwise intercepts or
collects information in connection with the Tools;
(iii) use any rewards (including, without limitation, virtual items
such as LazCoins, LazGems, deal, platform or brands vouchers) acquired via the Tools
for any purpose other than the purchase of Products on the Platform;
(iv) sell, buy or trade customer accounts on the Platform;
(v) use the Tools or participate in any program thereof in a fraudulent manner,
including but not limited to the creation or use of more than one customer
account for the purposes of obtaining more rewards, and the foregoing shall include all
circumventions, similar actions or actions that produce an effect that matches
the aforementioned prohibitions.
3. Warranties and Liability
3.1. Lazada offers the Tools within the context of its technical and operational
capabilities.
3.2. Unless expressly set out in these Platform Terms or the relevant Additional Terms, to
the fullest extent permitted by law, neither Lazada nor any of its service
providers or affiliates makes any warranty (whether express or implied),
representation or undertaking about the Tools (including, without limitation,
their accuracy, availability and reliability), any software or hardware used
with the Tools, any application or feature accessed by a User using the Tools,
or the reliability or quality of the underlying telecommunications network
accessed by such User using the Tools.
3.3. The Tools are provided on an ‘as is’ and ‘as available’ basis, and their
availability is subject to the availability, functionality and reliability of
resources used to provide the Tools (including, without limitation, the
Platform, Lazada’s systems and the relevant third party tools), downtime and
lack of availability (whether for technical reasons, required maintenance work,
or otherwise), as well as events, circumstances or causes beyond
Lazada's reasonable
control.
3.4. To the fullest extent permitted by law, Lazada shall not be responsible to any User for any loss, damage, fine,
regulatory action, claim or compensation of whatever nature arising from or
relating to such User's use of, or inability to use, the Tools (collectively,
the “Liabilities”) including but not
limited to (i) such User’s breach of these Platform Terms, (ii) any alleged unauthorised
transactions, disruptions, errors, defects or unavailability of the Tools, and
(iii) any loss of data or damage to any software or hardware used by such User
to access the Tools.
3.5. In the event that any Liabilities are not excluded under clause 3.4 of these Platform Terms, to the
fullest extent permitted by law, Lazada’s maximum aggregate liability to any
User in respect of such Liabilities, whether under all applicable laws of
contract, tort or otherwise, shall be limited to [USD 50] (or the equivalent
value of such amount in Philippine Pesos as converted according to the
Bloomberg foreign exchange rate).
4. Content Restrictions
4.1. The Tools include various content, imagery, media and graphics that are protected by
trademarks, copyrights or other means for the benefit of Lazada or third
parties. Unless explicitly permitted by these Platform Terms, or otherwise
agreed in writing by Lazada, no User or any third party may edit, copy,
distribute, publicly reproduce or use any Tool for any purpose other than the purpose
set out in clause 2.1 of these Platform Terms. Copyright
information and brand names may not be changed, hidden or removed. The term “content” includes all and any data,
images, text, graphics, music, sounds, sound sequences, videos, software
programs and codes, and any other information provided or developed by Lazada,
and any such services available for download.
4.2. Users are obliged to abstain from any measure which may compromise or interrupt the
proper functioning of the Platform, the Tools or any individual services or
functions on the Platform. Users are also required to abstain from any measure
which may allow unauthorised access to data.
5. User’s Obligations
5.1. Each User acknowledges and agrees:
(i) to comply with all applicable laws and regulations when using the Tools;
(ii) to comply with all third party terms (including, without limitation, any
applicable terms of use, policies and guidelines, as well as third party terms
of sharing channels that a User may use to invite others to use the Tools) that
apply to the use of the Tools used by such User;
(iii) to be responsible for all information that is communicated, submitted or transmitted,
whether to Lazada or third parties, from such User's account or device in the
course of such User’s use of the Tools;
(iv) not to use the Tools or permit the use of the Tools in any manner which may adversely
affect other Customers' or Users’ use of the Tools or the goodwill or
reputation of Lazada or the Lazada group of companies; and
(v) to be responsible for complying with these Platform Terms.
5.2. Where Lazada, in its sole discretion, discovers or suspects that a User has breached
any of these Platform Terms or the relevant Additional Terms, Lazada may take
all such steps and remedies as it deems appropriate, without need for prior
notice to the User. Such steps include, without limitation:
(i) to investigate such User's account;
(ii) to prevent, restrict or suspend the access of such User to the Tools (or any part thereof) or
the Platform;
(iii) to 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;
(iv) to forfeit any rewards which a User may have received due to the User’s use of the Tools; and
(v) to cancel any Orders placed during a User’s use of the Tools.
6. Data Collected by Lazada
6.1. Lazada may collect information from the Users in the course of their use of the Tools.
Such information may include personal information such as photographs, names
and usernames that a User may upload, provide or use.
6.2. Any personal information that Lazada collects may be used by it, or shared with or
transferred to third parties (including related companies, third party service
providers, and other Users), for any or all of the following purposes:
(i) to display on scoreboards on the Platform (as defined in the Terms of Use) in
relation to the Tools;
(ii) to facilitate the administration of the Tools and any rewards associated with the
Tools; and
(iii) to otherwise facilitate the use of the Tools.
6.3. For the avoidance of doubt, the Privacy Policy (and the notification of the
purposes of data collection therein) as referred to in the Terms of Use shall
apply to all personal information referred to under these Platform Terms.
7. Miscellaneous
7.1. If at any time any provision of these Platform Terms or any Additional Terms shall be
held to be illegal, invalid, or unenforceable, in whole or in part, the provision shall apply with whatever deletion or
modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial
intention of Lazada. To the extent it is not possible to delete
or modify the provision, in whole or in part, under this clause, then such
provision or part of it shall, to the extent that it is illegal, invalid or
unenforceable, be deemed not to form part of these Platform Terms or the
relevant Additional Terms, as the case may be, and the legality, validity and enforceability of the
remainder of these Platform Terms or the Additional Terms (as the case may be)
shall, subject to any deletion or modification made under this clause, not be
affected.
7.2. Lazada reserves the sole right to alter, modify, add to or otherwise vary these Platform
Terms at any time and from time to time, and in such manner as Lazada deems
appropriate at its absolute discretion. In the event of variation of these Platform
Terms, if you continue to use the Tools thereafter, you shall be bound by the Platform
Terms as so amended and shall be deemed to have accepted the Platform Terms as
so amended.
7.3. The laws of Philippines shall apply to and govern these Platform Terms. Any dispute
arising out of or relating to these Platform Terms, including the existence,
validity, interpretation, performance, breach or termination thereof or any
dispute regarding non-contractual obligations arising out of or relating to it
shall be referred to and finally resolved by in accordance with
the Alternative Dispute Resolution Act of 2004 (RA 9285). The seat of arbitration shall be the
Philippines. The number of arbitrators shall be one. The arbitration
proceedings shall be conducted in English.
