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Terms of Use

Welcome to the “How We Sell” Website. These Terms of Use govern your access and use of this Website and all content, applications, software, functions and services (collectively known as the “Services”) available via the Website, except to the extent that such Services are the subject of a separate written agreement.

Please read these Terms of Use carefully each time you access and/or use any part of the Services as such access or use will constitute your agreement to the Terms of Use and any amendments to it.

1. Acceptance of the Terms of Use

1.1. The Services are available for your use only on the condition that you agree to the Terms of Use set out below as well as any amendments or modifications thereto made in accordance with Clause 5. If you do not agree to these Terms of Use, please do not access or use the Services.

1.2. This Website is owned and operated by Lazada South East Asia Pte. Ltd (“Lazada” or “we” or “our” or “us”), and the Services may be offered by Lazada or another identified member of the Lazada Group (as the case may be), depending on your location.

1.3. These Terms of Use are entered into between the User and Lazada, and none of the terms herein shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B) or otherwise, by any person or entity who is not a party hereto, except that each member of the Lazada Group shall be deemed to be a third party beneficiary of these Terms of Use to the same extent as if it were a party hereto, and shall have the right to enforce the provisions in these Terms of Use. For the avoidance of doubt, this does not affect any right or remedy that a third party has which exists or is available apart from these Terms of Use.

1.4. Power, capacity and authority:

(a) If you are an individual accessing or using the Services: you represent and warrant that (i) you are at least 18 years of age or the minimum legal contracting age in all other relevant countries including the country in which you are resident or from which you use the Website or the Services, whichever is higher; and (ii) you are mentally sound and have sufficient mental capacity;

(b) if you are an entity: you represent and warrant that (i) you have the full power, capacity and authority to enter into, perform and observe your obligations under the Terms of Use; (ii) such Terms of Use do not contravene your constitution or any constituent documents or any Applicable Laws; and (iii) the obligations under the Terms of Use are valid, binding and enforceable on you; and

(c) If you are accessing or using the Services for and on behalf of an entity (such as your employer): you warrant and represent that (i) you have the full power, capacity and authority to bind that entity to the Terms of Use; (ii) by accepting these Terms, you are doing so on behalf of that entity, and all references to “you” and similar expressions in these Terms shall mean you and that entity.

2. Definitions and interpretations

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

3. Access and use of the Services

3.1. In using or accessing the Services, you agree without limitation:

(a) not to use the Services in breach of these Terms of Use or in violation of any Applicable Laws or for any illegal purposes;

(b) not to impersonate any person or entity or to falsely state or otherwise misrepresent your identity, and/or your affiliation with any person or entity;

(c) not to use the Services other than for the Permitted Use. Accordingly, the User shall not use the Services for commercial purposes;

(d) not to post, promote or transmit through the Services any Prohibited Materials;

(e) not to undertake any systematic retrieval of Lazada Content or any Third Party Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Lazada;

(f) not to copy, reproduce, download, transmit or distribute any Lazada Content or any Third Party Content for the purpose of re-selling, re-distributing or re-publishing such Lazada Content or Third Party Content or otherwise exploit such materials or use it in ways that conflict with the interests of Lazada, in each case whether for commercial purposes or otherwise;

(g) in respect of any third party websites accessed via the Services, not to use the Services in breach of the terms and conditions of such third party websites;

(h) not to mass mail (via e-mails, instant messages, text messages (SMS, MMS), any other electronic communications, physical mail or otherwise), or otherwise send unsolicited communications to Users or other persons through information obtained in the course of your use or access of the Services;

(i) not to benchmark, reproduce, modify, reverse-engineer, decompile, adapt, publish, redistribute or sublicense the Services or any part of the Services without the prior written consent of Lazada or the respective third-party owners in the case of Third Party Content;

(j) not to gain or attempt to gain unauthorized access to the Services or portions of the Services that are restricted from general access or otherwise interfere with, modify or disrupt any program, database, computer, systems or networks connected to the Services in an unauthorized manner;

(k) not to interfere with any person’s utilisation and enjoyment of the Services;

(l) not to use, upload or disseminate 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, corrupt, damage or interfere with the Services, or the operation of any program, database, computer, systems or networks connected to the Services;

(m) to ensure that any information or data which you post, submit to or cause to appear on the Website in connection with the Services is accurate and agree to take sole responsibility for such information and data; and

(n) to access and 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 in conformance with the acceptable use policies of any connected computer networks, applicable internet standards, these Terms of Use and all Applicable Laws.

3.2. You agree to immediately notify Lazada in accordance with Clause 12.1 if you suspect any illegal, fraudulent or abusive activity or any activity in violation of these Terms of Use, and agree to cooperate with Lazada in any investigation and to use any prevention measures as we prescribe.

3.3. Lazada reserves the right, but is not obligated to,

(a) monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action as we deem appropriate (including but not limited to removing any material that we, in our sole discretion, find to be in violation of these Terms of Use or otherwise objectionable);

(b) prevent or restrict your access to any part or the whole of the Services at our sole discretion, including without limitation, where we deem that any use is in contravention of the Terms of Use and/or Applicable Laws;

(c) report any activity we suspect to be in violation of any Applicable Laws 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 Website at any time and to exercise our right under this Clause if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

3.4. Additional terms. In addition to these Terms of Use, additional terms and conditions may apply in relation to your use of specific aspects of the Services (whether offered by us or other third parties), which shall be set out in a separate written agreement and/or notice. Continued access or use of the Services following such notification shall constitute your acceptance of the additional terms and conditions.

3.5. Access to the Services. The accessibility and operation of the Services may rely on technologies and services outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the Services. We reserve the right to temporarily suspend or shut down the Services (whether in part or in whole, and with or without prior notice) for maintenance or for such other purposes as we may require, as and when necessary.

4. Third party websites and contents

4.1. User Generated Content. Certain areas of the Website may enable Users to post or upload content (“User Generated Content” or “UGC”) which is made publicly available for view by other Users. This service (if any) is provided free to Users and may be terminated at any time by Lazada without notice. By posting such User Generated Content, you agree that Lazada has the right to refuse to post or remove, edit or abridge any posting for any reason and to disclose any information as necessary to satisfy any Applicable Laws, legal process or governmental request, at Lazada’s sole discretion. You agree to be fully responsible for all User Generated Content uploaded by you and access all other User Generated Contents at your own risk on an as-is basis. Although we do not have any obligation to monitor the User Generated Content, we reserve the right at all times to delete any content that is unlawful, libelous, defamatory, vulgar, pornographic, abusive, indecent, in infringement of third party rights or otherwise objectionable to us at our sole discretion and to disclose any information deemed by us as reasonably necessary to satisfy Applicable Laws and/or the requests by any government, courts or other third party with legitimate legal rights. We also reserve the right to permanently ban any User who violates these terms and conditions.

4.2. Links to external third party websites. Lazada may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise) to such third parties’ websites. These third party links are provided to you as a matter of convenience. When you go through such hyperlinks to third parties’ websites, you have already left the Website, and Lazada makes no representation or warranties whatsoever in respect of any of such linked third party websites. All Users are cautioned to read such the terms and conditions and/or privacy policies of such third party websites before accessing or using such third party websites. You acknowledge that Lazada has no control over third parties’ websites, does not monitor such sites, does not indicate, expressly or impliedly, any endorsement, approval, recommendation or preference by Lazada of such third parties’ websites or the products or services provided on such third parties’ websites and Lazada shall not be responsible or liable to you or anyone for such websites, or any content, products or services made available on such websites. You are solely responsible for assessing, verifying and making your own independent judgment regarding your interaction with these third party websites.

4.3. Links from external third party websites. You must secure permission from Lazada prior to hyper-linking to, or framing, this Website or any of the Lazada Content, or engaging in similar activities. Lazada reserves the right to impose conditions when permitting any hyper-linking to, or framing of this Website and/or any of the Lazada Content. Unless expressly stated otherwise by Lazada in writing, under no circumstances shall Lazada be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to this Website and/or any of the Lazada Content. Lazada reserves the right to disable or block any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from this Website and/or any of the Lazada Content.

4.4. Third Party Content. Some of the content displayed on this Website (including User Generated Content) is provided or posted by third parties (“Third Party Content”). Lazada is not the author of Third-Party Content, whether contributed by anonymous users or identifiable content providers and Users. Any Third Party Content is the sole responsibility of the party who provided the content. Lazada is not responsible for the accuracy, integrity, propriety, fitness for a particular purpose, merchantability, non-infringement, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with his/her reliance of such Third Party Content.

5. Modifications

5.1. Right to make modifications. Lazada reserves the rights to amend, modify or vary these Terms of Use, the Website and/or the Services at our sole discretion without prior notice to the User, and such amendments shall be effective immediately upon inclusion or publication of such amendment on the Website. Lazada will use reasonable endeavours to give Users reasonable notice of any material changes to these Terms of Use. It, however, remains the users’ responsibility to be updated on changes to these Terms of Use. Please read these Terms of Use carefully each time you access and/or use any part of the Services as such access or use will constitute your agreement to the Terms of Use and any amendments to it.

6. Limitation of Liability

6.1. All data and/or information contained in the Website and/or the Services are provided for informational purposes only. The Website and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Lazada of any kind either expressed, implied or statutory with respect to the Website and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose or efficacy or result of use of the Services, the Website or any content provided therein (including without limitation the result of any promotion material set out therein). Your access to and use of the Website is at your sole risk. You will exercise and rely solely on your own skill and judgment in your use of the Website. You are responsible to ensure that your use of the Website complies with all applicable legal requirements.

6.2. While we endeavor to provide accurate information, there may be information on the Website or otherwise provided by us or on our behalf or by a third party in connection with the Services that contains technical or typographical errors, inaccuracies, or omissions. The material could be inaccurate or become inaccurate as a result of development occurring after their respective dates. Lazada is not obliged to verify or maintain the currency of such information.

6.3. Lazada endeavors to maintain the Services and its operation, but is not and cannot be, responsible for the results of any defects that may exist in the Service or its operation. Without limiting the generality of the foregoing and to the fullest extent permissible pursuant to Applicable Laws, Lazada makes no representation or warranty, express or implied:

(a) on the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, integrity, reliability or otherwise;

(b) on the merchantability, fitness for a particular purpose, title and non-infringement of any Services, Lazada Content or Third Party Content;

(c) that the operation of the Services will meet the User’s requirements;

(d) that access to the Services will be uninterrupted, timely, secure, free of viruses, worms, trojan horses, malicious, disruptive or corrupting code, harmful components or free of defects or errors;

(e) that the messages sent through the internet will be free from interception, corruption or loss; or

(f) that any defects will be corrected.

6.4. Under no circumstances shall Lazada, its affiliates and all of their respective officers, employees, directors, agents, contractors and assigns be held 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 Website and/or the Services, including but not limited to any delay or failure or disruption of the content or Services delivered through the Website;

(b) a reliance on any data or information made available through the Website 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, worms, trojan horses, or other malicious, destructive or corrupting code, harmful components, agent program or macros;

(d) any use of or access to any other website or webpage linked to the Website, 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; and

(e) the conduct of any User’s activities on the Website. Accordingly, Lazada shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.

6.5. None of Lazada, its affiliates and all of their respective officers, employees, directors, agents, contractors and assigns shall be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from the use of or the inability to use the Website and/or the Services.

6.6. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, Lazada’s liability will be limited to the maximum extent permitted by law.

7. Indemnity

7.1. You are responsible for any loss or damage we may suffer as a result of your breach of these terms and conditions. You also agree to defend, indemnify and hold us and our related companies/ affiliates, officers, directors, employees and agents, from and against any and all claims, losses, liabilities, and costs (including reasonable legal fees) arising from your use of and access to the Website and/or Services or from your breach of these terms and conditions. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defenses and indemnify us for any reasonable legal fees we may incur.

8. Intellectual Property

8.1. Lazada Intellectual Property Rights. Lazada is the sole owner or lawful licensee of all the rights to the Website (including all Lazada Content). The Website and the Lazada Content are assets protected by worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and the Lazada Content shall remain with Lazada, its affiliates or licensors of the Lazada Content, as the case may be. All rights not otherwise claimed under these Terms of Use or by Lazada are hereby reserved. Except with our written permission or as expressly permitted in these Terms of Use, you are not allowed to reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under Applicable Laws.

8.2. Trademarks, Service Marks, Trade Names and Logos. All trademarks, service marks, trade names and logos used on this Website are registered and unregistered marks of us or other third parties. For example, “LAZADA”, “LAZMALL”, “LAZ” and related icons and logos are registered trademarks or trademarks or service marks of Lazada in various jurisdictions. Those trademarks or service marks are protected under applicable copyright, trademark and other proprietary rights laws, and any unauthorized copying, modification, use or publication of these marks is strictly prohibited (save as embedded within the Lazada Content under the Permitted Use and in any event, modification of such trademarks or service marks is strictly prohibited). Nothing on the Website and 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 Lazada’s written permission or that of the applicable trademark owner.

8.3. User’s Limited License. As a User of this Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Services (including any Lazada Content) for your own personal (non-commercial) or internal purposes (“Permitted Use”) in accordance with these Terms of Use. All express or implied rights to the Services not specifically granted herein are expressly reserved to Lazada. User’s right of Permitted Use shall automatically terminate if a User violates the Terms of Use. In addition, Lazada may terminate the license granted in this Clause 8.3 as against any User (whether in part or in whole) at any time for any reason whatsoever.

8.4. User Generated Content. You represent and warrant that all User Generated Content which you upload on the Website does not contain third party copyrighted material, or material that is subject to other third party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted in these Terms of Use. You further agree that Lazada shall have the rights to disclose your identity to any third party who is claiming that any User Generated Content posted or uploaded by you on the Website constitutes a violation of their intellectual property rights, or of their right to privacy. As between Lazada and you, you retain all of your ownership rights in your User Generated Content. However, by using the Services, you hereby grant to Lazada and its affiliates, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the User Generated Content in connection with the Services and our (and our affiliates) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your User Generated Content. You also grant each User of the Services a non-exclusive license to access your User Generated Content whether through the Website or on any other platforms maintained by the Lazada Group, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the relevant platforms and under these Terms of Use. The licenses granted in this Clause 8.4 is unconditional, perpetual and irrevocable.

9. Data Protection

9.1. Privacy Policy. For more information on how Lazada uses and protects your Personal Data that you may provide in the use of the Services, please read the Lazada Privacy Policy (available here). Your access and/or use this Website and the Services is subject to the Lazada Privacy Policy (as amended from time to time), which is incorporated into these Terms of Use by reference.

9.2. Without limiting the generality of Clause 9.1 above, by providing your contact information and/or Personal Data in connection with your access or use of the Services (i.e. via your submission of any online forms available on this Website or when you contact us), you consent to Lazada and its affiliates’ collection, use, disclosure or otherwise processing of your Personal Data to contact you in relation to your request, notwithstanding your registration of your telephone number on the Singapore Do Not Call (DNC) Registry (or other similar registries in the country where you are located), and acknowledge and agree that your personal data will be processed in accordance with the Privacy Policy.

10. Termination

10.1. In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Website and/or Services. We may bar access to the Website 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 Website.

11. Electronic Transactions concluded through the Website

11.1. Visiting the Website, sending us emails, and completing online forms via the Website constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. To the extent permitted under Applicable Laws, you hereby waive any rights or requirements under such Applicable Laws which require an original signature or delivery or retention of non-electronic records.

12. General

12.1. Notices.

(a) Unless stated otherwise in these Terms of Use, all notices or demands to or upon Lazada shall be effective if in writing and shall be duly made when sent to Lazada at: 51 Bras Basah Road #01-21 Singapore 189554 by registered mail. Notwithstanding the foregoing, we may from time to time designate other acceptable modes of receiving notice (including but not limited to other e-mail addresses, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

(b) All notices or demands to or upon a User shall be effective if delivered by email to the last-known email address provided by the User to Lazada, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) Lazada is able to demonstrate that communication has been sent to such User, or (b) immediately upon Lazada’s posting such notice on an area of the Website that is publicly accessible without charge.

12.2. Entire Agreement. These Terms of Use, Privacy Policy and, where applicable, the separate written agreement(s) entered into between Lazada and/or another identified member of the Lazada Group constitute the entire agreement between the User and Lazada with respect to and governs the use of the Services and the Website, superseding any prior written or oral agreements in relation to the same subject matter herein.

12.3. 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, our affiliates or our service providers relating to or in connection with the Website 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.

12.4. 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 these Terms of Use 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.

12.5. 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.

12.6. 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 at law or in equity.

12.7. Independent contractors. Lazada and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

12.8. Assignment. Lazada shall have the right to assign these Terms of Use to any person or entity (including any affiliates of Lazada). The User may not assign, in whole or part, these Terms of Use to any person or entity.

12.9. Sub-contracting and Delegation. Lazada reserves the right to delegate or sub-contract the performance of any of our functions in connection with the Website and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

12.10. Contact Us. In order to resolve a complaint regarding the Website or to receive further information regarding the use of the Services, please contact us via email [email protected].

13. Governing Law and Jurisdictions

13.1. Use of the Website and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law.

13.2. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.

14. Miscellaneous
14.1. If you are a User based in Indonesia, the Indonesian language version of these Terms of Use is accessible here. In the event of inconsistency between the Indonesian language version and the English version of these Terms of Use, the parties agree that the English language version will prevail and the Indonesian language version will be deemed to be amended to conform with the English version and to make the Indonesian language version consistent with the English version.

Schedule 1

Definitions

Applicable Laws” means all laws, rules, regulations, regulatory guidance, regulatory requirements and any form of secondary legislation, resolution, policy, guideline, concession or case law of the relevant jurisdiction (including Singapore) from time to time having the force of law and relevant to the provision, receipt and/or use of the Services.

Lazada”, “we”, “our” and “us” has the meaning given to it in Clause 1.2.

Lazada Content” means all information, content, news, reports, programs, text, images, video or audio clips, directories, files, databases or other materials available on or through the Website (“Lazada Content”), but excludes the Third Party Content.

Permitted Use” has the meaning given to it in Clause 8.3.

Personal Data” has the meaning given to it in the Privacy Policy.

Privacy Policy” is the Lazada Group Privacy Policy available at https://www.lazada.sg/privacy-policy/.

Prohibited Materials” means any content which:

(a) is in breach of any law or regulation, or any guidelines or other instrument issued by any government or regulatory authority, including but not limited to the Internet Code of Practice issued by the Infocomm Media Development Authority (IMDA);

(b) is offensive, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person;

(c) is unsuitable for users aged 18 and below;

(d) promotes terrorism or terror-related activities;

(e) involves references to physical, mental or sensory disability;

(f) encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropics or other addictive substances;

(g) is inflammatory, subversive or seditious, such as content which incites or promotes conflict against the country or any state, its constitution, government or laws; or incites or promotes conflict between groups, ethnicities, races, religions or genders, or degrade religious or cultural beliefs;

(h) involves gambling, such as games, lotteries, horse-racing, sports betting, astrology, geomancy, palm reading or any other type of fortune-telling device;

(i) involves minors without the written consent of such minor’s parent or legal guardian;

(j) relates to or promotes content prohibited or banned under any law.

(k) infringes intellectual property rights or causes confusion on the relationship with other organisations or individuals;

(l) involves the impersonation of organisations or individuals without such organisations’ or individuals’ written consent;

(m) which violates data protection laws and intellectual property laws;

(n) is misleading, false or deceptive;

(o) prohibited content as set out in Clause 3 (or anywhere in these Terms of Use); or

(p) deemed by Lazada in its absolute discretion, to be unsuitable to be on the Website.

Services” means the Website and all content, applications, software, functions and services made available via the Website.

Terms of Use” means these terms of use of the Services, as amended from time to time.  

Third Party Content” has the meaning given to it in Clause 4.4.