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”).
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.
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.
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 Payment Protection Policy as provided hereunder. The Payment Protection Policy gives Lazada customers the assurance of authorized payments on the Lazada E-Wallet. The Payment 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 E-Wallet 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 E-Wallet.
1 ACCESS TO THE LAZADA E-WALLET
1.1 You agree to:
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;
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
1.1.3 ensure that any information or data you provide to us in connection with the Lazada E-Wallet is accurate.
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of the Lazada E-Wallet is restricted to registered users of the Lazada Website.
2 REGISTRATION
2.1 The registration process for the Lazada Account requires you to provide Lazada with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that Lazada may share your Registration Information with us from time to time.
2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to us, either limit your use of the Lazada Wallet or suspend or close your Lazada Wallet.
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.
2.4 Each User is only entitled to have one (1) Lazada E-Wallet associated with his or her Lazada Account.
Account information
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.
2.6 All Personal Data provided to us will be handled, stored, and processed according to our Privacy Notice to Lazada E-Wallet Users (“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 BALANCE
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").
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 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.
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
3.5 We reserve the right to impose limits on your use of Lazada 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 Wallet over any time period.
3.6 The load limit for Lazada E-Wallet will be one hundred thousand pesos (Php 100,000) per wallet. This load limit may be changed or amended by Alipay at its option pursuant to the applicable laws or its risk management policy. 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.
3.7 Withdrawal from Lazada E-Wallet Balance is subject to the Customer Due Diligence Checks including e-KYC solution (“CDD Checks”) as implemented by us for the purpose of establishing and verifying your identity. For such CDD Checks, you will be required to provide all documents and information as required by us to satisfy the CDD Checks requirements. We reserve the right to reject any request to enable withdrawal feature if we deem in our sole discretion the CDD Checks requirements are not fulfilled, and our decision in this regard will be final and conclusive. The amount withdrawn from your Lazada E-Wallet Balance can only be transferred to the bank account under the name matching the name provided in connection with the CDD Checks. You understand and acknowledge that Alipay may from time and time impose restrictions to the withdrawal feature, including but not limited to the withdrawal amount and number of withdrawal. A fee of Php 5 shall apply to each withdrawal requested by you. Alipay reserves the right to adjust the withdrawal fee and by using the withdrawal feature you agree with the applicable withdrawal fee.
3.8 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 E-WALLET
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.
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 Wallet Balance is ever less than zero for whatever reason.
4.3 You are responsible for all transactions initiated and fees incurred by using your Lazada 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 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 Wallet to be valid for consideration under Lazada’s Payment Protection Policy. You hereby waive your right to seek any further compensation or claim against us.
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.
4.6 Notwithstanding anything to the contrary under Lazada’s Payment 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:
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;
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;
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;
4.6.4 where any funds in your Lazada E-Wallet are subject to legal process or other encumbrance restricting transfer;
4.6.5 where any such transactions took place under circ*mstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
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.
4.7 Subject to clauses 3.7, 6 and 7.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your Lazada Wallet.
4.8 We shall have the right to refuse any transaction on your Lazada E-Wallet if:
4.8.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your Lazada Account; or
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.
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.
4.9 When using your Lazada 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.
4.10 For each purchase transaction, you make on the Lazada Website, we will transfer funds from your Lazada Wallet when the first of any of the following events occurs:
4.10.1 we receive confirmation of a successful completion of the purchase from Lazada;
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;
4.10.3 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
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.
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
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].
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.
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 Wallet. If your failure to do so results in any delay in any transaction on your Lazada Wallet, neither we nor Lazada shall be liable for any loss or damages arising from such delay.
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.
4.16 We may report any suspicious activity in connection with your Lazada E-Wallet to the relevant authorities.
5 FEES
Withdrawal is subject to the fee as stated in clause 3.7. We reserve the right to impose other 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”).We reserve the right to impose fees to cover the relevant costs of providing the Lazada Wallet services to you including those associated with the set-up and maintenance of your Lazada Wallet (“Service Fee”).
6 REFUNDS
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 E-WALLET
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].
7.2 We may, at any time and at our absolute and sole discretion:
7.2.1 discontinue your use of the Lazada E-Wallet or any part thereof;
7.2.2 close your Lazada E-Wallet; and/or
7.2.3 reactivate your Lazada E-Wallet upon the completion of any relevant internal investigations (where applicable).
7.3 We shall endeavor to provide notice of any such discontinuation or closure of your Lazada 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.
7.4 Closure of your Lazada E-Wallet will not cancel any cleared transactions which you have already undertaken.
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 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.
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 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 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:
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
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.
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.
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.
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
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 E-WALLET
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 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
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
11.1 In connection with your use of your Lazada E-Wallet, you shall not:
11.1.1 Provide false, inaccurate or misleading information;
11.1.2 Use your Lazada E-Wallet for any illegal activities;
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
11.1.4 Breach these Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.
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:
11.2.1 We may suspend or restrict your access to and/or close your Lazada E-Wallet;
11.2.2 We may terminate these Terms and Conditions and refuse to provide the services to you;
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
11.2.4 We may take legal action against you.
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
12.1 You agree that all risks arising from your use of the Lazada E-Wallet will be borne by you.
12.2 We make no warranty that:
12.2.1 the Lazada E-Wallet will meet your requirements;
12.2.2 the Lazada E-Wallet services will be uninterrupted, timely or error free; or
12.2.3 any products, information or material purchased by you using the Lazada E-Wallet will meet your requirements.
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.
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 Wallet will not exceed your Lazada E-Wallet Balance at the point in time when such liability arose.
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.
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
13.1 Notices from us
13.1.1 You agree that all notices or other communications from us are deemed to have been given to you if:
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
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.
13.2 Notices from you
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.
13.3 Other modes of notifications
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
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.
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.
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.
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.
14.5 Governing law
Use of the Lazada 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.
14.6 Disputes
14.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your Lazada 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.
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.
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.
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.
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.
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.
14.11 Binding and conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the Lazada Wallet, if any) maintained by us and/or our service providers relating to or in connection with the Lazada 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.
14.12 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 Wallet to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.
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.
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 Wallet if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
14.15 Alipay is regulated by Bangko Sentral Ng Pilipinas (“BSP”). You can find BSP’s contact details at http://www.bsp.gov.ph/contact/overview.asp.
