I. Introduction

1.1 Welcome to the FRUUGO platform (“Website”). Before using this website or opening a FRUUGO account (“Account”), please carefully read the following Terms of Service so that you understand your legal rights and obligations with FRUUGOMobile Malaysia Sdn. Bhd.

1.2 Services include an online platform service that provides a venue and opportunity for the sale of goods between a buyer (“Buyer”) and a seller (“Seller”) (collectively, “you”, “User”, or “Parties”). The actual sales contract is entered into directly between the Buyer and Seller, and FRUUGO is not a party to this contract or any other contract between the Buyer and Seller and assumes no obligations relating to any such contract. The parties to such transactions shall bear full responsibility for the sales contract, product listings, purchase guarantees, etc., between them. Lazada does not participate in transactions between users. Lazada may or may not pre-screen users or user-submitted content or information. Lazada reserves the right to remove any content or information you post on the website pursuant to Section 6.4 herein.

1.3 Before becoming a user of this website, you must read and accept all the terms and conditions in these Terms of Service, as well as all terms and conditions relating to these Terms of Service, and you must agree to the processing of your personal data in accordance with the instructions in the Privacy Policy linked here.

1.4 FRUUGO reserves the right to change, modify, suspend, or terminate all or any part of this website or service at any time, or with notice, in accordance with local laws. FRUUGO may release certain services or features in beta versions, which may not function correctly or in the same manner as the final version, in which case we assume no responsibility. FRUUGO may also, at its sole discretion, restrict certain features or limit your access to part or all of the website or service without notice or liability.

1.5 FRUUGO reserves the right to refuse you access to the website or services or allow you to open an account for any reason.

By using FRUUGO services or opening an account, you irrevocably accept and agree to the terms of this Agreement, including any additional terms and conditions and policies referenced and/or linked here.

If you do not agree to these terms, please do not use our services or visit this website. If you are under 18 years of age or the legal age (“Legal Age”) under applicable laws in your country, you must obtain permission from your parent or legal guardian to open an account, and that parent or legal guardian must agree to the terms of this agreement. If you are unsure whether you have reached the legal age or do not understand this section, please do not create an account before seeking assistance from your parent or legal guardian. If you are the parent or legal guardian of a minor creating the account, you must accept the terms of this agreement on behalf of the minor, and you will be responsible for all use of the account or the services of any company using the account.

2. Privacy

2.1 Your privacy is very important to FRUUGO. To better protect your rights, we provide FRUUGO's Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Lazada collects and uses information related to your account and/or your use of the Service (“User Information”). By using the Service or providing information on the website, you:

(i) You consent to FRUUGO collecting, using, disclosing and/or processing your content, personal data and user information as described in the Privacy Policy;

(ii) You agree and acknowledge that ownership of your user information is jointly held by you and FRUUGO; and

(iii) Without FRUUGO’s prior written consent, you may 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.

2.2 Users who have acquired personal data from other users through the use of the Service (“Recipients”) hereby agree that they will (i) comply with all personal data protection laws applicable to any such data; (ii) allow users whose personal data has been collected by the Recipients (“Disclosing Parties”) to delete such data from the Recipients’ database; and (iii) in each of (ii) and (iii) above, allow the Disclosing Parties to review what information the Recipients have collected about them in accordance with applicable law and where required by applicable law.

3. Limited License

3.1 FRUUGO 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 rights (“Intellectual Property Rights”) displayed on this website are the property of FRUUGO and the third-party owners (if applicable) identified on this website. No party accessing this website directly or indirectly grants any right or license to use or reproduce any Intellectual Property Rights, and no party accessing this website may claim any rights, title, or interest therein. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark, and all other applicable laws protecting the Services, the Website, and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any part of the Services, the Website, or its content. You also do not mirror or frame any part or all of the content of this Website on any other server or as part of any other website without our prior written consent. Furthermore, you agree that without our prior written consent, you will not use any robots, spiders, or any other automated devices or manual processes to monitor or copy our content (such consent is considered standard search engine technology used by internet search websites to direct internet users to this website), mirror or build any part or all of the content of this website on any other server or as part of any other website.

3.2 You are welcome to link to this website from your website, provided that your website does not imply any endorsement of FRUUGO or affiliation with Lazada. You acknowledge that FRUUGO may, at its sole discretion, discontinue some or all of its services at any time without notice.

4. Software

4.1 Any software we provide to you as part of the Service is subject to these Terms of Service. FRUUGO retains all rights to software not expressly granted under this Agreement. Any third-party scripts or code linked to or referenced in the Service are licensed to you by the third party who owns such scripts or code, and not by FRUUGO.

5. Account and Security

5.1 Some features of our services require account registration by selecting a unique user identifier (“User ID”) and password, as well as providing certain personal information. If your chosen User ID is deemed offensive or inappropriate by FRUUGO on its own, FRUUGO reserves the right to suspend or terminate your account. You may be able to use your account to access other products, websites, or services that we have enabled access to or that are bundled or partnered with us. FRUUGO does not review and assumes no responsibility for any third-party content, features, security, services, privacy policies, or other practices of these products, websites, or services. If you do so, the terms of service of these products, websites, or services, including their respective privacy policies, are subject to change.

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 this website, (c) immediately notify FRUUGO of any unauthorized use of your account, User ID, and/or password, and (d) ensure that your account information is accurate and up-to-date. You are solely responsible for all activities that occur under your User ID and account, even if such activities or uses are not your responsibility. FRUUGO shall not be liable for any loss or damage caused by unauthorized use of your password or your failure to comply with this section.

5.3 You agree that FRUUGO may, for any reason and at its sole discretion, without notice to you or any third party, immediately suspend, freeze or terminate your account and your user ID, remove or discard any related content using your account and user ID from the website, revoke any subsidies provided to you, cancel any transactions related to your account and user ID, temporarily or, in more serious cases, permanently withhold any sales proceeds or refunds, and/or take any other actions that FRUUGO deems necessary. Reasons for such actions may include, but are not limited to, actual or suspected (a) prolonged inactivity, (b) a breach of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive conduct, (d) having multiple user accounts, (e) purchasing products on the website for commercial resale purposes, (f) unusual or excessive purchases of products from the same seller or related seller groups, (g) voucher abuse (including but not limited to selling vouchers to third parties, selling vouchers or other credits at a price higher than face value and/or unusual or excessive use of vouchers on the website), or (h) for the commercial interests of other users, third parties or Lazada. Using your account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may result in your account being reported to law enforcement without notice. In the event of any legal dispute or law enforcement action relating to your account or your use of the service for any reason,

5.4 A user may terminate their account if they notify FRUUGO in writing via email that they wish to do so. Notwithstanding any such termination, the user remains liable for any incomplete transactions (whether commenced before or after such termination), shipment of products, payment for products, etc., and the user must promptly contact FRUUGO and duly execute and complete all incomplete transactions in accordance with the Terms of Service. FRUUGO assumes no liability and is not liable for any damages arising from actions taken pursuant to this section. The user waives any and all claims based on any such actions taken by FRUUGO.

5.5 If you are located in one of our approved countries, which we update from time to time, you may only use the service and/or open an account.

6. Terms of Use

6.1 Your license to use this website and services will remain in effect until termination. This license will terminate in accordance with these Terms of Service, or if you fail to comply with any of the terms or conditions of these Terms of Service. In any such case, Lazada may terminate this license with or without notice to you.

6.2 Do you agree?

(a) Uploading, publishing, transmitting or otherwise providing any illegal, harmful, threatening, abusive, harassing, frightening, painful, infringing, defamatory, vulgar, obscene, libelous, privacy-invading, hateful or racial content that is offensive in race or other respects;

(b) Violation of any law, including but not limited to any laws and regulations relating to import/export restrictions, third-party rights, or our prohibited and restricted items policy;

(c) Uploading, publishing, transmitting or otherwise providing any content featuring unsupervised minors, or using the service to harm minors in any way;

(d) Using the service or uploaded content to impersonate any person or entity, or otherwise misrepresent your relationship with any person or entity;

(e) Forging headers or otherwise manipulating identifiers to disguise the origin of any content transmitted through the service;

(f) Remove any proprietary notices from the website;

(g) To cause, permit or authorize the modification, creation of derivative works or translation services without FRUUGO’s express permission;

(h) Use of the Service in any manner not permitted for the benefit of any third party or under the license granted by this Agreement;

(i) Using the service or uploading content in a fraudulent, unreasonable, false, misleading or deceptive manner;

(j) Opening and/or operating multiple user accounts due to any act that violates the letter or spirit of these Terms of Service;

(k) Using a simulator, emulator, bot or other similar hardware or software to access the FRUUGO platform, open a user account or otherwise access your user account;

(l) Manipulating the price of any item or interfering with other users' lists;

(m) Take any action that may undermine the feedback or rating system;

(n) Attempting to decompile, reverse engineer, disassemble, or crack the Service (or any part thereof), or to break or overcome any encryption or security measures implemented by FRUUGO for the Service and/or the data transmitted, processed, or stored by Lazada;

(o) Obtaining or collecting any information about other account holders, including but not limited to any personal data or information;

(p) Uploading, sending via email, publishing, transmitting, or otherwise providing any content that you are not entitled to provide under any law, contract, or trust relationship (such as insider, proprietary, or confidential information learned or disclosed as part of your employment relationship or confidentiality agreement);

(q) Uploading, sending emails, publishing, transmitting, or otherwise providing any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;

(r) Uploading, sending emails, posting, transmitting or otherwise providing any unsolicited or unauthorized advertising, promotional materials, "spam," "junk mail," "chain letter," "pyramid scheme," or any other form of unauthorized solicitation;

(s) Upload, email, post, transmit or otherwise provide any material containing software viruses, worms, Trojan horses or any other material designed to directly or indirectly interfere with, manipulate, interrupt, or destroy computer code, routines, files or programs or to limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment.

(t) Disrupts the normal conversation flow, causing the screen to "scroll" faster than other service users' typing speed, or otherwise negatively impacts the ability to communicate with other users in real time.

(u) Interfering with, manipulating or disrupting the Service or the servers or networks connected to the Service or any other user’s use and enjoyment of the Service, or failing to comply with any requirements, procedures, policies or regulations of the networks connected to this website;

(v) Take any action or engage in any behavior that may directly or indirectly harm, disable, overburden, or impair the service or the servers or networks connected to the service;

(w) Using the Service intentionally or unintentionally violates any applicable local, state, national, or international laws, rules, guidelines, directives, instructions, policies, or regulations, including but not limited to laws and requirements (whether or not in force) related to anti-money laundering or counterterrorism;

(x) Using the service in violation of or to circumvent any sanctions or embargoes imposed or carried out by the U.S. Treasury Office of Foreign Assets Control, the United Nations Security Council, the European Union or the UK Treasury;

(y) Using the service to violate another person’s privacy or to “stalk” or otherwise harass another person;

(z) Infringement of FRUUGO's rights, including any intellectual property rights and any counterfeiting thereof;

(aa) Using the service to collect or store personal data of other users in connection with the aforementioned prohibited behaviors and activities; and/or

(bb) List items that infringe on third-party copyrights, trademarks or other intellectual property rights or use the service in a manner that infringes on the intellectual property rights of others.

(cc) To 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 its source. This means that you (and not FRUUGO) are solely responsible for all content you upload, post, email, transmit, or otherwise make available through this website. You understand that by using this website, you may be exposed to content that you find objectionable, indecent, or offensive. To the fullest extent permitted by applicable law, FRUUGO shall not be liable under any circumstances for any content, including but not limited to any errors or omissions in any content, or for any loss or damage of any kind arising from or in connection with the use of or reliance on any content posted, emailed, transmitted, or otherwise made available on the website.

6.4 You acknowledge that FRUUGO and its designated personnel have the right (but not the obligation) to pre-screen, reject, delete, stop, suspend, remove, or move any content, including but not limited to any content made by or available to you on the website, at their sole discretion, without any liability to you. Without limiting the foregoing, FRUUGO and its designated personnel have the right to delete (i) any content that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive complaints from other users; (iii) if we receive notices or allegations of intellectual property infringement or other legal instructions or deletion requests; or (iv) if such content is otherwise objectionable. We may also block the delivery of communications (including but not limited to status updates, posts, messages, and/or chat) 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 assess and assume all risks associated with the use of any content, including but not limited to any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you do not and may not rely on any content created by or submitted to FRUUGO, including but not limited to information in the FRUUGO forums and all other sections of the website, to the fullest extent permitted by applicable law. You assume all risks associated with the use of any content, including but not limited to any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you have not and, to the fullest extent permitted by applicable law, may not rely on any content created or submitted to FRUUGO by Lazada, including but not limited to information websites in the FRUUGO forums and all other sections.

6.5 You acknowledge, agree, and consent that FRUUGO may access, retain, and disclose your account information and content to any legal, regulatory, or governmental authority, relevant rights holder, or other third party (if required by law), court order, or lawful request from any government or regulatory body with jurisdiction over FRUUGO, or in good faith, if such access, protection, or disclosure is reasonably necessary for: (a) to comply with legal process; (b) to enforce these Terms of Service or our prohibited and restricted items policy; (c) to respond to claims that any content infringes on third-party rights (including intellectual property rights); (d) to respond to your customer service requests; and (e) to protect the rights, property, or personal safety of FRUUGO, its users, and/or the public.

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 permissions

• Account suspension and subsequent termination

• Criminal charges

• Civil litigation, including but not limited to claims for damages and/or interim or injunctive relief.

7.2 If you believe that a user on our website has violated these Terms of Service, please contact us.

8. Reporting intellectual property infringement

8.1 As stated above, FRUUGO does not permit the release of goods that infringe upon the intellectual property rights of the brand or other intellectual property owners (“Intellectual Property Owners”).

8.2 Unless otherwise expressly stated, users are independent individuals or businesses that are not affiliated with Lazada, and FRUUGO is neither an agent nor a representative of the users, and does not hold and/or own any goods listed on the website.

8.3 If you are the owner of intellectual property rights or a duly authorized agent of the owner of intellectual property rights (“IP Agent”) and you believe that your rights or your client’s rights have been infringed, please support your claim by filing an Intellectual Property Rights (IPR) form and providing us with the documents required below. Please allow us time to process the information provided. FRUUGO will respond to your complaint as soon as possible.

8.4 Complaints brought under this Section 8 must be provided in the form prescribed by FRUUGO, which may be updated from time to time, and must include at least the following: (a) the physical or electronic signature of the intellectual property owner or agent (collectively, the “Informant”); (b) a description of the type and nature of the allegedly infringed intellectual property and proof of rights; (c) a description of the nature of the alleged infringement, providing sufficient detail to enable FRUUGO to assess the complaint; (d) a URL containing a list of the allegedly infringed intellectual property; (e) sufficient information to allow FRUUGO to contact the informant, such as the informant’s physical address, telephone number, and email address; (f) a statement from the informant that the complaint is made in good faith and that the use of the intellectual property identified by the informant is not authorized by the intellectual property owner or by law; (g) a statement from the informant that the information in the notification is accurate, that the informant will indemnify us for any damages that may be suffered as a result of the information provided by the informant, and that the informant has the appropriate rights or is authorized to act on behalf of the intellectual property owner in all matters relating to the complaint.

8.5 FRUUGO acknowledges that manufacturers have the right to enter into certain exclusive distribution agreements or minimum advertising price agreements for their products. However, breach of such agreements does not constitute an infringement of intellectual property rights. As the enforcement of these agreements is a matter between the manufacturer and the seller, FRUUGO does not assist in such enforcement activities, nor does it enforce exclusive distribution rights or price control matters, except in countries with specific laws governing selectivity or exclusivity.

8.6 Each seller agrees that FRUUGO and its affiliates shall not be harmed by any claims, causes of action, damages and judgments arising out of or in connection with any intellectual property infringement claim or the removal of any content or product listings.

9. Purchase and Payment

9.1 Lazada supports one or more of the following payment methods in each country where it operates:

(i) Credit Card

Card payments are processed through third-party payment channels, and the types of credit cards accepted by these channels may vary depending on your jurisdiction.

(ii) Cash on Delivery (COD)

FRUUGO offers cash-on-delivery service in selected countries. Buyers can pay cash directly to the delivery agent upon receipt of the purchased goods.

(iii) Bank transfer

The buyer may make payment to our designated FRUUGO escrow account (as defined in Article 12) via ATM or online bank transfer (“Bank Transfer”). The buyer must provide FRUUGO with a transfer receipt or a reference to the payment transaction as confirmation of payment via the “Upload Receipt” function in the FRUUGO app. If FRUUGO does not receive confirmation of payment within three (3) days, the buyer’s order will be cancelled.

(iv) Installment Purchase Plan

For orders exceeding RM 500, buyers can pay in installments. Installment payments are processed through third-party channels. Currently, Maybank and Public Bank support installment payment plans.

(v) Deferred payments using the SPayLater service (if applicable)

Buyers may use the SPayLater service provided by SeaMoney Capital Malaysia Sdn. Bhd. (“SeaMoney”) to deferred payment for eligible orders. To provide the SPayLater service, SeaMoney will enter into receivables purchase arrangements with eligible sellers, whereby the sellers will sell the buyer’s receivables to SeaMoney in exchange for payment from SeaMoney.

9.2 The buyer may only change their preferred payment method before making payment.

9.3 FRUUGO shall not be liable for any loss or damage caused to the buyer due to shipping and/or payment information entered by the buyer, or due to erroneous remittances by the buyer for the purchase of goods. We reserve the right to check whether the buyer is duly authorized to use certain payment methods and may suspend the transaction until such authorization is confirmed, or cancel the relevant transaction if such confirmation cannot be obtained.

10. Seller's Wallet

10.1 Your account allows you to store funds received from sales revenue on the platform (“Seller Wallet”). This sum, 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 (not exceeding your FRUUGO wallet balance) to your linked bank account (“Linked Account”). FRUUGO may also automatically transfer funds from your seller wallet to your Linked Account periodically, at FRUUGO’s discretion. FRUUGO can only process such transfers on business days, and such transfers may take up to two business days to be credited to your Linked Account.

10.3 Sellers are entitled to one (1) free withdrawal request per week (“Weekly Withdrawal Limit”). For each additional withdrawal request exceeding the Weekly Withdrawal Limit, FRUUGO may charge a fee of RM0.12 (“Withdrawal Fee”). The Withdrawal Fee is subject to Sales and Service Tax (“SST”). FRUUGO may change the Weekly Withdrawal Limit and Withdrawal Fee at its sole discretion.

10.4 Payments for goods you sell on FRUUGO shall be credited to your seller wallet within three (3) days after the goods are delivered to the buyer or immediately after the buyer confirms receipt of the goods.

10.5 Once submitted, you may not modify or cancel the withdrawal request.

10.6 In the event of an error during any transaction processing, you authorize us to initiate a debit or credit entry to your designated bank account to correct the error, provided that any such correction complies with applicable laws and regulations. If we are unable to deduct funds from your designated bank account for any reason, you authorize us to resubmit the deduction, along with any applicable fees, to any other bank account or payment instrument you have registered with us, or deduct the deduction and applicable fees from your seller wallet in the future. If we are unable to credit to your alternative account for any reason, we reserve the right to process or dispose of such funds in accordance with applicable law, including, as required by the Unclaimed Funds Act, to the Unclaimed Funds Registry (Jabatan Akautan UK) (the “Registry”). In this case, you may recover your unclaimed funds directly from the Registered Service Provider, less any fees or charges that may be levied, without further recourse against us.

10.7 You authorize us to initiate debit or credit entries to your seller wallet:

(i) Correct any errors in any transaction processing;

(ii) FRUUGO determines that you are engaged in fraudulent or suspicious activities and/or transactions;

(iii) Related to any lost, damaged or incorrect items;

(iv) In connection with any rewards or rebates;

(v) relating to any uncollected fees;

(vi) In connection with resolving any transaction disputes, including any damages you are entitled to or derived from;

(vii) Related to any prohibited items or items detained by customs;

(viii) relating to any change of mind agreed upon by both the buyer and seller;

(ix) Recover any outstanding amounts you owe us (including late fees and/or interest).

(x) Purchase ad credits if you have activated the ad credit top-up feature and your ad credits are below the minimum amount you have.

10.8 We reserve the right to restrict, freeze or suspend your seller wallet for any reason, including if you fail to repay any outstanding payments owed to us by the due date.

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