Lazada Cashback Program Terms and Conditions

Platform: Lazada Mobile App

TERMS AND CONDITIONS FOR SPONSORED SELLERS (“Program Terms”)

1. By participating in the Lazada Cashback Program, and subject to approval by Lazada, the seller agrees to enter all their store active SKUs to participate in the Lazada Cashback Program.
   
   

2. During the period from June 15, 2022 until December 31, 2023, or until such period as notified by Lazada to you (the “Promo Period”), the seller will be charged a promotional participation fee of 3.20% inclusive of Value Added Tax (but capped at Php100.00 per item), or such other rate as notified by Lazada to seller (“Participation Fee”), for each SKU purchased by the customer that is tagged as an eligible “Cashback” item (“Eligible SKU”). The Participation Fee shall be calculated as follows: Participation Fee rate multiplied by (total item price minus seller discounts minus platform discounts minus tax). Participation Fee will be automatically deducted by Lazada from the seller's weekly financial statements.
   
   Sellers who participate in the Lazada Cashback Program and are properly charged with the promotional participation fee shall, at Lazada’s discretion, no longer be charged with the 1% Commission/Marketplace Fee under the Terms of Service (Seller); provided that the seller has complied with the Program Terms, the Terms of Service (Sellers), and the Policies (as defined below); provided, further that the provisions of the Terms of Service (Sellers) and other policies, to the extent that the same are relevant, shall apply.
   
   

3. Lazada will provide a dashboard that can be accessed by sellers to monitor successful sales of Eligible SKUs.
   
   

4. Participation Fee will only be charged for each order delivered to the customer.
   
   

5. For unsuccessful order, whether the seller or customer cancels the order or for other reasons, or the order is refunded by customer, Lazada will (i) not charge the Participation Fee in the seller's weekly finance settlement report; or (ii) return the Participation Fee to the seller within a period of 45 (forty five) days from the date the order is cancelled or refunded, as the case may be.
   
   

6. Participation Fee will be automatically deducted by Lazada from the seller's weekly financial statements.
   
   

7. All applicable taxes, duties, government fees and other charges on the Participation Fee shall be borne by Seller.
   
   

8. Lazada is not responsible for delivery failures that are not caused by errors and / or beyond Lazada's control.
   
   

9. Each seller must comply with the laws and regulations in force in the Philippines when participating in and during the Lazada Cashback Program.
   
   

10. Each seller guarantees that he/she is entitled and legally competent to participate in the Lazada Cashback Program.
    
    

11. Lazada has the right to change, modify, add to or otherwise vary these Program Terms from time to time (including terminate the Lazada Cashback Program), and in a way that Lazada deems fit in accordance with applicable laws and regulations. Each seller is responsible for accessing, reviewing and keeping yourself updated with all these amendments. Seller’s continued participation in the Lazada Cashback Program after such amendments shall be deemed as confirmation and acceptance of such amendments and all the amendments shall be valid and applicable to the seller. By participating in the Lazada Cashback Program, each seller confirms and agrees that he/she has read, understood and agree with the Program Terms.
    
    

12. The terms and conditions of the Lazada Cashback Program are determined entirely by Lazada and in its sole discretion, and Lazada has the right to change, modify, add to or otherwise vary the terms and conditions of Lazada Cashback Program (including termination of the Lazada Cashback Program or implementation of Participation Fee) and communicate it through Lazada's media.
    
    

13. Lazada has the right to take the necessary steps / actions if a pattern of fraud / abuse is detected without prior notice to all Lazada sellers. Lazada has the right to check information and disqualify the seller in the Lazada Cashback Program if the seller is suspected of cheating or violating these terms and conditions in any form, including other terms and conditions on the Lazada platform. Where Lazada deems that the Seller has breached any of these Program Terms or the Policies, and if Lazada suspects that Seller is directly or indirectly participating in any fraudulent or suspicious behavior/transaction, Lazada reserves the right, at its sole and absolute discretion to:
    
    

          (a) prevent or restrict seller’s access, or the access of any user to the Lazada Cashback Program in the aggregate or any part or the whole of the Lazada Cashback Program or the Platform;
          (b) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities;
          (c) withhold and/or deduct any amount due to the seller which is in the possession of Lazada (including the Participation Fee); and/or
          (d) perform any action as determined by Lazada in order to protect its interest or those of the buyers and other sellers.
    
    
    

14. In the event any provision in these terms or other terms and conditions as agreed or accepted by the seller is illegal, invalid or unenforceable, such provision shall be implemented as far as possible in accordance with its terms. Provisions that are illegal, invalid or unenforceable are considered separate and shall not affect the enforceability of other terms and conditions where other terms and conditions remain valid and can be implemented to the extent permitted by law.
    
    

15. The Lazada Cashback Program including all terms and conditions, are governed by the laws of the Philippines. Any dispute arising out of or in connection with the Lazada Cashback Program and the Program Terms, including regarding the existence, enforceability, interpretation, implementation, breach or termination or any dispute regarding non-contractual obligations arising from or related to these matters, will be resolved by deliberation by the parties. If the dispute cannot be resolved by deliberation, then the dispute shall be referred to and finally resolved by arbitration in accordance with the Alternative Dispute Resolution Act of 2004 (RA 9285). The seat of arbitration shall be Manila. The arbitration proceedings shall be conducted in English.
    
    

16. These Program Terms are in addition to the other terms and conditions applicable to the Lazada Platform, including but not limited to the Terms of Use, the Seller Agreement (or its equivalent), Privacy Policy accepted by the Seller, and the other policies posted on the ASC (“Policies”).
    

17. These updated Program Terms shall be effective beginning on the start of the Promo Period. For the avoidance of doubt, sellers who participate or continue to participate in the Program during the Promo Period and who have not terminated its participation therein, shall be deemed to have accepted these Promo Terms.