Term Conditions Page
1. Introduction
1.1 Welcome to the Wayfair Platform ("Site"). Before using this website or opening a Wayfair account ("Account"), please read the following terms of service carefully so that you can understand that you are in Wayfair Mobile Malaysia Sdn. Bhd. (Company Registration No. 201501009497 (1134832-W)) and its affiliates and subsidiaries (individually and collectively, "Wayfair", "we", "our" or "our"). The "Services" package provided or made available by us includes (a) the Site, (b) the services provided by the Site and the Wayfair client software provided through the Site, and (c) all information, link pages, functions, data, text, images, photographs, graphics, music, sound, video (including live broadcasts), messages, tags, content, programming, software, application services (including but not limited to any diversion application services), or other material made available through the Site or related services ("content"). Any new features added to or enhanced by the Services may also be governed by these Terms of Service. These Terms of Service govern your use of the Services Transactions provided by Lazada.
1.2 The Services include online platform services that provide a venue and opportunity for the sale of goods between a buyer (“Buyer”) and a seller (“Seller”) (collectively, “you”, “User” or the “Parties”). The actual contract of sale is concluded directly between the buyer and seller and Wayfair is not a party to that contract or any other contract between buyer and seller and disclaims any obligations in connection with any such contract. The parties to such transactions will be fully responsible for the sales contract, merchandise list, purchase guarantee, etc. between them. Leave Do not participate in transactions between users. Away may or may not pre-screen users or user-provided content or information. Leaving reserves the right to delete any content or information you post on the website in accordance with clause 6.4 hereof.
1.3 Before becoming a user of this website, you must have read and accepted all of the terms and conditions in these Terms of Service and all terms and conditions linked thereto, and you must agree to the processing of your personal information as described in the Privacy Policy linked here personal data.
1.4 Leaving reserves the right to change, modify, suspend or discontinue all or any part of the Site or Services at any time or with notice as required by local law. Some services or their features may be released in beta versions, which may not function properly or in the same way as the final version, in which case we shall not be liable. Away may also, in its sole discretion, impose restrictions on certain features or restrict your access to some or all of the Sites or Services without notice or liability.
1.5 Leaving reserves the right to refuse to provide you with access to the Site or Services or to allow you to open an account for any reason.
By using the Wayfair Services or opening an account, you irrevocably accept and agree to the terms of this agreement, including those additional terms and conditions and policies referenced and/or linked herein.
If you do not agree to these terms, please do not use our services or visit this site. If you are under the age of 18 or under the legal age of consent to this Agreement under applicable law in your country ("Legal Age"), you must have permission from a parent or legal guardian to open an Account, and that parent or legal guardian Guardians must agree to the terms of this agreement. If you do not know whether you are of legal age or do not understand this section, please do not create an account without first seeking assistance from your parent or legal guardian. If you are the parent or legal guardian of a minor who is creating an account, you must accept the terms of this Agreement on behalf of the minor, and you will be responsible for all use of that account or Company Services using that account,
2. Privacy
2.1 At Lazada, your privacy is very important to us. To better protect your rights, we provide Lazada's Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Wayfair collects and uses information related to your account and/or your use of the Services ("User Information"). By using the Services or providing information on the Site, you:
(i) consent to the collection, use, disclosure and/or processing of your Content, Personal Data and User Information by Wayfair as described in the Privacy Policy;
(ii) agree and acknowledge that ownership of your User Information is jointly owned by you and Lazada; and
(iii) not directly or indirectly disclose your user information to any third party, or otherwise allow any third party to access or use your user information, without the prior written consent of Lazada.
2.2 Users who, through the use of the Services, possess another User's personal data (“Recipient”) hereby agree that they will (i) comply with all applicable personal data protection laws in relation to any such data; (ii) allow the Recipient to collect their the user of the Personal Data (“Disclosing Party”) deletes its collected data from the Receiving Party’s database; (iii) in each case of (ii) and (iii) above, allows the Disclosing Party to review the Receiving Party’s What information about them is collected where required by applicable law.
3. Limited License
3.1 Leaving grants you a limited and revocable license to access and use the Services in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos, and other intellectual property (“Intellectual Property”) displayed on this Site are the property of Wayfair and, if applicable, third-party owners identified on this Site. No right or license is granted, directly or indirectly, to any party accessing this site to use or reproduce any intellectual property rights, and no party accessing this site shall assert any right, title or interest therein. By using or accessing the Services, you agree to abide by the copyrights, trademarks, service marks and all other applicable laws protecting the Services, the Site and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works from the Services, the Site or any portion of its content. You also may not mirror or frame any part or all of this website on any other server or as part of any other website without our prior written consent.In addition, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content without our prior written consent (for standard search engine technology employed by Internet search sites, such consent deemed to have been given to direct Internet users to this website). mirror or frame any part or all of this website on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content without our prior written consent (for standard search engine technology employed by Internet search sites, such consent deemed to have been given to direct Internet users to this website). mirror or frame any part or all of this website on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content without our prior written consent (for standard search engine technology employed by Internet search sites, such consent deemed to have been given to direct Internet users to this website).
3.2 You are welcome to link to this website from your website, provided that your website does not imply any endorsement or association by Lazada. You acknowledge that Wayfair may, in its sole discretion, discontinue providing some or all of the Services at any time without notice.
4. SOFTWARE
4.1 Any software we provide to you as part of the Services is subject to these Terms of Service. Wayfair reserves all rights in the Software not expressly granted by Wayfair in this Agreement. Any third-party script or code linked to or referenced from the Service is licensed to you by the third party owning such script or code, not Lazada.
5. Account and Security
5.1 Certain features of our Services require registration for an account by selecting a unique user identification (“User ID”) and password and providing certain personal information. Wayfair reserves the right to suspend or terminate your account if you select a user ID that Lazada, in its sole discretion, deems objectionable or inappropriate. You may use your account to access other products, websites or services that we allow access to or that are tied to or partnered with us. Wayfair has not reviewed, and is not responsible for, any third-party content, functionality, security, services, privacy policies, or other practices of those products, sites, or services. If you do so, the terms of service of those products, sites or services, including their respective privacy policies,
5.2 You agree to (a) keep your password confidential and use only your user ID and password when logging in, (b) ensure that you log out of your account at the end of each session on the Site, (c) immediately notify Wayfair of any unauthorized authorized use of your account, user ID and/or password, and (d) keeping your account information accurate and up to date. You are solely responsible for all activities that occur under your user ID and account, even if such activity or use is not your own. Wayfair will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this section.
5.3 You agree that Wayfair may immediately suspend, freeze or terminate your account and your user ID for any reason, in its sole discretion and with or without notice to or liability to you or any third party , remove or discard from the Site any content related to your account and user ID, withdraw any subsidy provided to you, cancel any transaction related to your account and user ID, temporarily or in more serious circumstances Permanently withhold any sales proceeds or refunds, and/or take any other action that Wayfair deems necessary. Reasons for such conduct may include, but are not limited to, actual or suspected (a) prolonged inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening, or abusive conduct (d ) with multiple user accounts，(e) purchases of products on the site for commercial resale, (f) unusual or excessive purchases of products from the same seller or a group of related sellers, (g) coupon abuse (including, but not limited to, sales offering vouchers to third parties , sale of vouchers or other credits at a significant markup above face value and/or unusual or excessive use of vouchers on the Site), or (h) for the commercial benefit of other users, third parties or Lazada. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement without notice. In the event of a legal dispute or commencement of law enforcement action relating to your account or your use of the Services for any reason,
5.4 Users may terminate their account if they notify Wayfair in writing (including by email to [email protected]) that they wish to do so. Notwithstanding any such termination, the user remains responsible for any incomplete transactions (whether commenced before or after such termination), product shipments, product payments, etc., and the user must Efficiently executed and closed all outstanding transactions. Wayfair disclaims all responsibility and will not be liable for any damages resulting from actions taken under this section. User waives any and all claims based on any such actions taken by Lazada.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries as updated by us from time to time.
6. Terms of use
6.1 The license to use the Site and Services is valid until terminated. This license will terminate in accordance with the provisions of these Terms of Service, or if you fail to comply with any term or condition of these Terms of Service. In any such event, Wayfair may effect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, infringing, defamatory, vulgar, obscene, defamatory, invasive of another's privacy, hateful or racially discriminatory , racially or otherwise objectionable;
(b) violate any law, including without limitation any laws and regulations relating to import or export restrictions, rights of third parties, or our Prohibited and Restricted Items Policy;
(c) upload, post, transmit or otherwise make available any content featuring unsupervised minors, or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to obscure the origin of any Content transmitted through the Services;
(l) manipulate the price of any item or interfere with other users' listings;
(m) take any action that may disrupt the feedback or rating system;
(n) attempt to decompile, reverse engineer, disassemble or hack the Service (or any part thereof), or break or overcome any encryption technology or security measures implemented by Wayfair on the Service and/or data transmitted, processed or stored via Lazada;
(o) obtain or collect any information about other account holders, including without limitation any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you are not entitled to under any law or contractual or fiduciary relationship (for example as an employment relationship or under a non-disclosure agreement);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," ” or any other unauthorized form of solicitation;
(s) upload, email, post, transmit or otherwise make available any computer code, routine, file that contains software viruses, worms, Trojan horses, or any other computer code, routine, or file designed to interfere, manipulate, interrupt, or destroy, directly or indirectly or program material to limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of conversation, cause screens to "scroll" faster than other users of the Service are able to type, or otherwise negatively affect other users' ability to participate in real-time communications;
(u) interfere with, manipulate or disrupt the Service or servers or networks connected to the Service or any other user's use and enjoyment of the Service, or violate any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that may directly or indirectly damage, disable, overload or impair the Service or servers or networks connected to the Service;
(w) use the Services, intentionally or unintentionally, in violation of any applicable local, state, national or international laws, rules, guidelines, directives, guidelines, policies or regulations, including but not limited to laws and requirements (whether or not having the force of law) and related to anti-money laundering or anti-terrorism;
(x) use the Services to violate or circumvent any sanctions or embargoes imposed or enforced by the U.S. Treasury Department’s Office of Foreign Assets Control, the United Nations Security Council, the European Union, or the U.K. Treasury Department;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass others;
(z) infringe Lazada's rights, including any intellectual property rights and any impersonation thereof;
(aa) use the Services to collect or store other users' personal data in connection with the above prohibited conduct and activities; and/or
(bb) List items that infringe the copyrights, trademarks, or other intellectual property rights of third parties, or use the Services in a manner that infringes the intellectual property rights of others.
(cc) instruct or encourage other users to conduct transactions outside of this website.
6.3 You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Lazada, are solely responsible for all content that you upload, post, email, transmit or otherwise make available through this site. You understand that by using this site, you may be exposed to content that you find offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances will Wayfair be liable for any content, including without limitation, any errors or omissions in any content, or for any loss or damage of any kind arising out of the use of or reliance on the Anything posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that Wayfair and its designees have the right (but not the obligation) in their sole discretion to pre-screen, reject, delete, stop, suspend, delete or move any content, including but not limited to any content or information you post that is posted on the Site available without any liability to you. Without limiting the foregoing, Wayfair and its designees reserve the right to remove any content that (i) violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive complaints from other users; (iii) If we receive a notice or allegation of intellectual property infringement or other legal direction or request to remove; (iv) if such content is otherwise objectionable. We may also block the delivery of communications (including, but not limited to, status updates, postings, as part of our efforts to protect the Service or our users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate and undertake to All risks associated with use of any content, including without limitation any reliance on the accuracy, completeness or usefulness of such content. In this regard, you acknowledge that you have not, and to the maximum extent permitted by applicable law, not relied on Any content created by or submitted to Lazada, including but not limited to informational sites in the Wayfair Forums and all other sections.and assumes all risks associated with use of any content, including without limitation any reliance on the accuracy, completeness or usefulness of such content. In this regard, you acknowledge that you have not, and to the maximum extent permitted by applicable law, not relied on any content created by or submitted to Lazada, including, but not limited to, information in the Wayfair Forums and all other parts of the Site. and assumes all risks associated with use of any content, including without limitation any reliance on the accuracy, completeness or usefulness of such content. In this regard, you acknowledge that you have not, and to the maximum extent permitted by applicable law, not relied on any content created by or submitted to Lazada, including, but not limited to, information in the Wayfair Forums and all other parts of the Site.
6.5 You acknowledge, agree and agree that Wayfair may access, store and disclose your account information and content to any legal, regulatory or governmental authority, relevant rights owner or other third party if required to do so by law pursuant to an order of a court or with authority against Wayfair lawful request of any governmental or regulatory authority of jurisdiction, or in the good-faith belief that such preservation or disclosure of access is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our prohibitions and restrictions Items Policy; (c) respond to claims that any Content infringes third party rights, including intellectual property rights; (d) respond to your customer service requests; (e) protect the rights, property, or person of Lazada, its users, and/or the public Safety.
7. Violation of our Terms of Service
7.1 Violation of this Policy may result in a range of actions, including but not limited to any or all of the following:
• list deletion
• Restrictions on account privileges
• Account suspension and subsequent termination
• criminal charges
• Civil litigation, including but not limited to damages and/or interim or injunctive relief
7.2 If you believe that a user of our website has violated these Terms of Service, please contact [email protected].
8. Reporting Intellectual Property Infringement
8.1 As stated above, Wayfair does not allow listings that infringe the intellectual property rights of brands or other intellectual property owners (“IPR Owner”).
8.2 Unless expressly stated otherwise, users are independent individuals or businesses who are not affiliated with Wayfair in any way, and Wayfair is neither an agent nor a representative of users, nor does it hold and/or own any commodity. Place.
8.3 If you are an Intellectual Property Owner or a duly authorized agent of an Intellectual Property Owner (“Intellectual Property Agent”) and you believe that your rights or those of your principal have been violated, please submit an Intellectual Property Rights (IPR) form Notify us and provide us with the required documents below to support your claim. Please allow us time to process the information provided. Wayfair will respond to your complaint as quickly as possible.
8.4 Complaints under this Section 8 must be made in the form prescribed by Lazada, which form may be updated from time to time, and must include at least the following: (a) the Intellectual Property Owner or Intellectual Property Agent (collectively, the "Informant ”); (b) a description of the type and nature of the intellectual property rights allegedly infringed, and evidence of entitlement; (c) a description of the nature of the alleged infringement in sufficient detail to enable Wayfair to evaluate the complaint; (d) contains (e) information sufficient for Wayfair to contact the whistleblower, such as the whistleblower's physical address, phone number, and email address; (f) the whistleblower's statement that the complaint is made in good faith and that the whistleblower identifies use of the property rights is not authorized by the intellectual property owner or the law; (g) the whistleblower represents that the information in the notice is accurate, that the whistleblower will indemnify us for any damages we may suffer as a result of the information provided by the whistleblower, and that the whistleblower has appropriate authorized or authorized to act on behalf of the intellectual property owner in all matters relating to the complaint.
8.5 Leaving Acknowledges that the manufacturer has the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, breach of such agreement does not constitute infringement of intellectual property rights. Since the enforcement of these agreements is a matter between the manufacturer and the seller, Wayfair does not assist in such enforcement activities, nor does it enforce exclusive distribution rights or price control matters, except in countries with laws specifically governing selectivity or exclusivity distribute.
8.6 Each and every Seller agrees to hold harmless Wayfair and its affiliates from and against all claims, causes of action, damages and judgments arising out of any claim of intellectual property infringement or any removal of any content or product listings in connection therewith. damage.
9. Purchase and payment
9.1 Leaving supports one or more of the following payment methods in each country in which it operates:
(i) credit card
Credit card payments are processed through third party payment channels, the types of credit cards accepted by these payment channels may vary depending on your jurisdiction.
(ii) Cash on Delivery (COD)
Leave COD service available in select countries. Buyers can pay cash directly to the delivery agent upon receipt of purchased items.
(iii) bank transfer
Payment may be made by the Buyer via ATM or online bank transfer (“Bank Transfer”) to our nominated Wayfair Guarantee Account (as defined in Clause 12). Buyers must provide Wayfair with a transfer receipt or payment transaction reference for verification via the "Upload Receipt" feature in the Wayfair app as confirmation of payment. If Wayfair does not receive confirmation of payment within three (3) days, Buyer's order will be cancelled.
(v) Deferred payments using SPayLater services (if applicable)
Buyers can use the SPayLater service provided by SeaMoney Capital Malaysia Sdn. to make deferred payment for eligible orders. Ltd. (“SeaMoney”). In order to provide the SPayLater service, SeaMoney will enter into an accounts receivable purchase agreement with eligible sellers whereby the seller sells the buyer's accounts receivable to SeaMoney in exchange for payment by SeaMoney.
9.2 Buyers can only change their preferred payment method for purchases prior to payment.
9.3 Wayfair shall not be liable for any loss or damage caused to the buyer due to the shipping information and/or payment information entered by the buyer or the wrong remittance of the buyer. We reserve the right to check that the buyer is duly authorized to use certain payment methods and may suspend transactions until such authorization is confirmed or cancel the relevant transaction if such authorization cannot be obtained.
10. Seller Wallet
10.1 Your account allows the storage of monies you receive from sales proceeds on the Platform (“Seller Wallet”). The sum of this money, minus any withdrawals, will be reflected in your seller wallet balance.
10.2 You may submit a transfer request (“Withdrawal Request”) up to once per day to transfer funds from your Seller Wallet (up to your Wayfair Wallet Balance) to your linked bank account (“Linked Account”). At Lazada's discretion, Wayfair may also automatically transfer funds from your seller wallet to your linked account on a regular basis. Wayfair can only process such transfers on business days and it may take up to two business days for such transfers to be credited to your linked account.
10.3 Sellers are entitled to one (1) free withdrawal request per week (“Weekly Withdrawal Limit”). Wayfair may charge a fee of RM0.12 (“Withdrawal Fee”) for each additional withdrawal request above the weekly withdrawal limit. Withdrawal fees are subject to Sales and Services Tax (“SST”). Weekly withdrawal limits and withdrawal fees are subject to change at Lazada's sole discretion.
10.4 Your proceeds from selling items on Wayfair shall be credited to your seller wallet 15 days after the item is delivered to the buyer or immediately after the buyer confirms receipt of the item.
10.5 Once submitted, you may not amend or cancel a withdrawal request.
10.6 In the event of an error in processing any Transaction, you authorize us to debit or credit your nominated bank account to correct such error, provided any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your nominated bank account for any reason, you authorize us to resubmit the debit, together with any applicable charges, to any other bank account or payment instrument you have on file with us, or to deduct the debit and applicable charges in the future From your seller wallet. If for any reason we are unable to credit your alternative account, we reserve the right to dispose of or process such monies in accordance with applicable law, including filing a claim with the Registrar of Unclaimed Moneys (Jabatan Akautan Negara Malaysia) (“Registry”) to submit such payments. In such event, you may recover your unclaimed monies, less any fees or charges that may be imposed, directly from the Registrar without further recourse against us.
10.7 You authorize us to debit or credit your Seller Wallet:
(i) correct any error in the processing of any transaction;
(ii) Wayfair determines that you have engaged in fraudulent or suspicious activity and/or transactions;
(iii) in connection with any lost, damaged or incorrect items;
(iv) in connection with any incentives or rebates;
(v) in relation to any uncollected fees;
(vi) in connection with the resolution of any transaction disputes, including any compensation due to or from you;
(vii) in relation to any prohibited item or item held by customs;
(viii) in relation to any change of mind agreed upon by the buyer and seller;
(ix) recover any outstanding amounts owed to us by you (including late fees and/or interest); and
(x) Purchase advertising credits when you activate the advertising credit top-up function and your advertising credits have fallen below the minimum amount of your advertising credits.
10.8 We reserve the right to limit, freeze or suspend your Seller Wallet for any reason, including your failure to repay any monies owed to us by the due date.
