LINE SHOPPING Terms of Service
These LINE SHOPPING Terms of Service (hereinafter referred to as the “LINE SHOPPING TOS”) set forth the terms and conditions for the use of LINE SHOPPING service, including any participation in LINE SHOPPING promotional and marketing activities (hereinafter referred to as the “Services”) provided by LY Corporation as the service provider and LINE Company (Thailand) Limited and its affiliates as the distributor (collectively, “we”, “us”, or “our”). In addition to the provisions of LINE SHOPPING TOS, LINE Official Account Terms of Use and LY Corporation Common Terms of Use shall be applied respectively.
In the event of any conflict between LINE SHOPPING TOS, LINE Official Account Terms of Use, and LY Corporation Common Terms of Use, LINE SHOPPING TOS shall prevail to the extent of such conflict or inconsistency. LINE SHOPPING TOS shall be the highest precedence, followed by LINE Official Account Terms of Use and LY Corporation Common Terms of Use, respectively.
Users shall use the Services in accordance with LINE SHOPPING TOS, LINE Official Account Terms of Use, and LY Corporation Common Terms of Use. Users are responsible for compliance with all applicable laws and regulations when using the Services. Any capitalized terms not defined herein shall have the meaning(s) set forth in LINE Official Account Terms of Use and LY Corporation Common Terms of Use.
Please read LINE SHOPPING TOS carefully as it affects your rights and obligations. If you do not agree with the LINE SHOPPING TOS, please do not set up your user profile, provide us with any data, nor continue to use the Services.
Access to and the use of password protection and/or security of the LINE Platform, and/or the use of the Services are restricted to users with accounts only. Users shall not obtain or attempt to obtain unauthorized access to such parts of this LINE Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may constitute an offence under the Act on Commission of an Offence relating to Computer B.E. 2550 (2007) and applicable laws.
1. Definition
With respect to LINE SHOPPING TOS, the following terms shall have the meanings as set forth below:
1.1. “LINE Account” means a user account specific to be used on LINE Chat Application and LINE services provided by us.
1.2. “LINE Chat Application” means the application or website developed, owned, and operated by us as a technology platform for users to send and receive instant communications on their electronic devices. Users may exchange texts, images, video, audio, and/or conduct voice/video call.
1.3. “LINE Platform” means LINE SHOPPING platform and LINE Official Account of the Seller using MyShop Tool and/or LINE SHOPPING Official Account in various formats, including but not limited to applications, websites, and/or any other means operated by us and/or our affiliates.
1.4. “Products” means any products or services that are directly sold or provided by the Seller to a user.
1.5. “Seller” means a third party who sells and delivers the Products to any users via the usage of LINE Platform.
Covenants of LINE SHOPPING TOS
2.1.
2.1 All users shall use the Services in accordance with the LINE SHOPPING TOS and all applicable laws and regulations. With respect to the use and/or access of the Services, users are deemed to have carefully read, understood, and irrevocably agreed to accept and abide by LINE SHOPPING TOS and LY Corporation Privacy Policy, including but not limited to LINE Official Account Terms of Use and LY Corporation Common Terms of Use.
2.2. If the user is a minor, the user may only use the Services after his/her parents or legal guardian have carefully read, understood, and agreed to LINE SHOPPING TOS. If the user is a corporation, it may only use the Services after its responsible person or legal representative has agreed to LINE SHOPPING TOS. However, the use of the Services shall constitute the consent granted by such users’ parents, legal guardian, responsible person, or legal representative to LINE SHOPPING TOS, and they shall be held responsible for your actions and any service charges associated with your usage of the Services or your purchase of the Products.
If consent from the user’s parents or legal guardian is not obtained, you must stop using/accessing LINE Platform and the Services immediately.
2.3. We reserve the right, at our sole discretion, to add, modify, or remove any portions of the LINE SHOPPING TOS, at any time as deemed appropriate or necessary by providing at least 15 (fifteen) days prior notice to the users. Users shall be responsible for examining the LINE SHOPPING TOS in each time before using the Services.
3. Account
3.1 Users acknowledge and agree that the use of the Services requires a LINE Account. If the user does not have a LINE Account or LINE Account is unavailable, the user will not be able to use the Services or receive any update notification in connection with the Services.
3.2 Users shall provide as accurate, completed, correct, and latest information as possible.
3.3 Users must log in before using the Services and must access the Services through the LINE Chat Application that they have registered with, in which they must correctly fill their username and password or scan the QR Code (in the case of logging in using a computer) to confirm their identity to use these Services.
3.4 In case of any change concerning the user’s information, the user agrees to make an update thereto on a regular basis.
3.5 Users shall keep confidential their information and password, including the information regarding their use of the Services. Users shall not disclose such confidential information to a third party.
4. Provision of the Services
4.1 We provide the Services as a platform for users to purchase new and used Products from the Seller. When a user makes a purchase of the Products through the Services, the user is purchasing the Products from the Seller independently, and not from us. The user agrees that we are not an agent of the Seller and have no authority to act on the user’s or the Seller’s behalf.
4.2 Users acknowledge and agree that we own, develop, and operate the Services only as a technology platform to promote and compile the Products to allow users to contact and purchase the Products from the Sellers directly. Therefore, when a user makes a purchase order, the user is purchasing the Products from the Seller directly, not from us.
4.3 Users are eligible to use LINE POINTS for the purchase of the Products subject to LINE POINTS Terms and Conditions of Use.
4.4 In addition to the Services provision, the user acknowledges and agrees that any contact for information, placing and confirmation of an order, or notification with respect to the Products may be made via LINE Official Account (which is not a channel as specified in Clause 4.5) with each Seller independently, and we shall not engage or involve in any part of such performance made by Seller.
4.5 We do not provide an affiliate program under these Services to users. However, the user may purchase the Product by ordering in the chatroom and making a payment by clicking the LINE SHOPPING payment link provided by the Seller via LINE Official Account of the Seller or any other social media channels of the Seller.
4.6 While using the Services, users are not required to pay any service fees, including but not limited to the fee relating to the main parameters of algorithms which may affect the ranking or recommendations, to us, unless the terms and conditions provide otherwise in the future. In this regard, we will further notify the users in advance within the period stipulated by laws.
4.7 We hereby notify the users that we do not sell or provide our own Products on the LINE SHOPPING Platform/LINE Platform. Accordingly, we do not handle our Products and the Seller’s Products differently.
Furthermore, we hereby notify the users that we do not sell our own supplementary Products to be used in conjunction with the Seller’s Products. However, certain Sellers may offer supplementary goods subject to particular conditions or offer their own supplementary services along with such Products. Users shall read the description of the Seller’s Products thoroughly and inquire about relevant conditions from the Seller before every purchase.
4.8 We hereby notify users that as the Services do not provide any review system or ask the users to give any comments on the Products and the use of the Services. Therefore, the users cannot perform those actions while using these Services.
4.9 Our terms and conditions do not restrict or prevent the offering of goods or services on the Services or any other channels.
4.10 As the provision of these Services is linked to the LINE Account of LINE Chat Application, if users wish to terminate the use of these Services, they may proceed as such simply by not accessing the Services any further, without the requirement to delete the LINE Account in any respect.
5. Third-Party Services
The Services may contain services or content provided by third parties other than us. Such third parties shall bear any and all responsibility regarding their services and/or content. Furthermore, there may be other terms of use or other terms and conditions prescribed by them that are applicable thereto. In no event shall we be responsible for any claims or damages arising out of or in connection with the services and/or content provided by such third parties.
6. Purchasing Conditions and Warranty of Products
6.1. To purchase any Products on the Services, users shall comply with the following requirements:
(a) obtain consent from the user’s legal representative to purchase the Products if the user is a minor;
(b) have a LINE Account to use the Services;
(c) agree to the LINE SHOPPING TOS and the terms and conditions for any Products to be purchased by the user; and
(d) hereby represent and warrant that the user’s use of the Services will comply with applicable laws, ordinances, and regulations
6.2. Users shall submit an order by completing the purchase order form in the LINE Platform and submitting the order to the Seller. In this regard, the Seller will not accept any order submitted by any other means except for the particular method prescribed herein, and users shall be responsible for verifying the order’s correctness by themselves every time in advance.
6.3. The Seller reserves the right to terminate the contract made with the user in case the Seller erroneously sets up the Products’ prices or in case the inventory at the Seller’s store is insufficient. In such cases, the Seller will notify the user of such termination within 3 (three) business days from the user’s order placement date, provided, however, that if the Seller fails to notify such mistake within the aforementioned period, the Seller warrants that it shall be held liable to the user for the orders that have been successfully paid therefor.
In this regard, the Seller is entitled to terminate the contract with such user in the aforementioned case, regardless of whether the Products have been dispatched or are during the delivery, and regardless of whether the Seller has asked you to make the payment or not.
6.4. Warranties provided in connection with the Products offered by the Seller within these Services shall be in accordance with the terms and conditions stipulated by the Seller in their stores. However, the Seller may not assume the liability thereunder if the users have not made payment for the Products, installed the Products incorrectly, willfully, or negligently damage the Products, or use the Products inappropriately or incorrectly, including any defects of the Products arising after the expiry of warranty period.
7. Delivery
7.1. Unless otherwise agreed upon between the user and the Seller, delivery of the Products shall be made to the address specified by the user in its purchase order only.
7.2. The delivery of the Products that any users purchase in the Services are to be delivered by the Seller, not us. Users agree that we shall not have any obligation to deliver the Products to them. In addition, we shall not be liable to the users in any respect for the shipment information specified by the users.
7.3. Users agrees to pay the delivery fees in full for any Products if the Seller does not bear the delivery fees. The delivery fees shall be as determined on the purchase order page, which shall be calculated based on the Products’ weight, dimensions, duration, delivery distance, and any additional service fee for facilitation that may be charged by the Seller.
In this regard, the Seller may offer certain delivery service options to the users at its discretion, and the users shall read and accept the terms and conditions for such delivery service as operated by a third party or the Seller prior to the usage thereof.
For more details, please read Terms and Conditions of Use for Delivery Service by Third Party Partnered with Service Provider.
7.4. User shall choose the delivery means designated by the Seller and not assign any third party for delivery of the Products made through the Services.
7.5. In the event that any user does not receive the Products within the delivery period as informed by the Seller or the third-party delivery service provider, the user shall contact and notify the Seller immediately.
8. Management of Data and Usage Behavior, and Main Factors of Algorithm Used for Ranking or Recommending
8.1 Users agree that we may collect, gather, use, and disclose information provided by the users as well as usage behavior and history of the Services’ usage, including the username, delivery address, telephone number, email, recipient of the Products (delivery address telephone number, and email), wire transfer slip image, wire transfer amount, date and time, and payment method, history of merchandises selection to the shopping cart before ordering, merchandises browsing history as well as the information received from the Seller, including purchase history of merchandises (including merchandises requested by the users to purchase or have the opportunity to request an order) while using the Services (collectively, the “Service Usage Information”) for the following purposes:
(a) to enable the delivery of the Products or the Services by the Seller and/or shippers to the users;
(b) to enable the Seller to confirm payment made by the users;
(c) to enable the Seller, us, and/or our partners to create targeted and optimized advertisements for the user on or through our Services;
(d) to enable us to provide the Services to the users;
(e) to improve and/or optimize the Services and additional services provided by us;
(f) to share the transaction history and other necessary information with payment service providers and/or payment collection agencies, if we determine that it is necessary to conduct an investigation on the possible misuse of the Services or usage in an inappropriate manner;
(g) to review the transaction history and other necessary information that may arise in the case of misuse of the Services or usage in an inappropriate manner; and
(h) for other purposes in accordance with the LY Corporation Privacy Policy.
8.2 Users may access the Service Usage Information, including communication history between the users and the Seller via the Seller’s Official Account, in order to enable the users to review the Service Usage Information and purchase history. In this regard, the users may review such data at “My” page.
8.3 Unless otherwise provided in Clause 21 (Privacy Policy), we will collect the Service Usage Information after the termination date of the Services by a user or the suspension date thereof by us, as the case may be, subject to the principle of necessity and appropriateness at our sole discretion.
8.4 We use parts of the data provided to us by the users or other data, such as the users’ usage behavior, as the main factors of the algorithm that we use for ranking or recommending so that we can offer more suitable goods and services to the users by taking into account the following factors:
(a) Profile information, e.g., gender, age, or other information provided by the users in the user account profile;
(b) Users’ other usage behavior of the Services, including interest in the Products other than those in Clause 8.4 (c);
(c) Interest category, i.e., certain information provided to us by the users, together with the users’ activities while using these Services, which we will use to analyze the users’ interest in certain Products, e.g., liking or following stores selling home furniture or clothing, or the users may be part of a bigger group (also referred to as category), e.g., computer users;
(d) Similar target group: We will analyze similar target groups who use these Services in order to gain access to those who have similar interest in the Products in which the users have shown their interest, and we may use certain information of the users to help create the similar target groups;
(e) Location information: We may use the users’ location data to present goods and services that the users may be interested in or the goods that are located in such locations by obtaining data from various sources including, the place where the internet is connected to or where the phone is used;
(f) Quality of stores: stores with special badges, recommended badges, or any other special marks shown at the end of the Seller’ store name or any other positions being more special than general stores. In any case, having such a special badge does not mean that we warrant the goods, the provision of their services or their behaviors in any manner.
8.5 In the case where the User wishes adjust the utilization of the Service Usage Information and/or the User’s usage behavior information for purposes of the Products’ recommendation conducted by us, the User can adjust at the ‘Settings’ page in the Services (In this regard, such feature will be available within July 2024 onwards).
9. Ranking of Product to Suit Each Group of Users
We do not offer any Products with a statutory requirement under applicable laws to make a ranking to suit each group of users.
10. Advertisement
10.1. In the advertisement of the Products via the Services on the advertising space that we provide or sell to third parties (including but not limited to the Seller), we may include the text “Advertisement”, “AD”, or texts or signs having similar meaning at the top-right corner of that advertisement to inform the users that such presentation is an advertisement.
10.2. Users may check the advertisers via https://contact-cc.line.me.
11. Payment Terms
11.2. Users may change a chosen payment method only before making a payment therefor.
11.3. Users agree to bear all costs incurred in connection with the user’s purchases (including but not limited to communication costs, applicable taxes, and delivery fees, if any).
11.4. All payments shall be processed by a payment service provider, and we shall not take any responsibility in the event that the users make any incorrect payment for the Products.
11.5. We reserve the right to verify user qualifications, whether the user is authorized to use the designated payment method. In this regard, we may suspend a transaction until the user is authorized or cancel the transaction in the event that the user has not been authorized or authenticated.
12. Changing or Cancelling Orders
12.1. Once the user places an order for any Products in the Services, the Seller will handle the order process and delivery thereof in all aspects. We shall have no right to change or cancel any order made by the user, including any change of delivery means, billing information, or payment method. Therefore, the user will need to contact the Seller for any changes or cancellations including any related expenses that the user desires to make to its order. However, in the case of an error of banking systems or payment service providers, or the user is unable to contact the Seller, or we deem that the user or the Seller may act in bad faith, fraudulently, or deceivingly, we may modify or cancel such purchase order without providing prior notice to the user.
12.2. The Seller may cancel any purchase order made by the user if the Seller’s Products is not available for delivery, for example, when the Products’ demand is rapidly increased within a short period of time, when the Seller foresees a high volume of Products that are not available for delivery, when the Seller erroneously sets up the prices thereof, or when the Seller cannot contact the user. However, we will record the order cancellations every time to consider punishing the Seller in the future as a relief to resolve the issue.
13. Refund and Return of Products
If users wish to request for a refund or return of the Products, they shall contact the Seller therefor, including any relevant costs and expenses that they wish to require from the Seller. In this respect, we will coordinate the aforesaid matters with the users upon their request in accordance with Refund and Return of Products Policy.
14. Complaint, Dispute Settlement, and Damage Handling and Rectification Measure
14.1. If any user does not receive the Products from the Seller or the user has received the Products that are defective, damaged, lost, delayed, or that do not match the description thereof, we suggest the user to communicate with the Seller directly to settle such dispute first.
In the event that the user is unable to resolve the issue or dispute with the Seller, the user may submit a complaint to us for our review via email: dispute_lineshopping@linecorp.com.
14.2. Should any user encounter any issue or incur any damage from the use of the Services, the user shall report such issue or damage via email: dispute_lineshopping@linecorp.com for our review and settlement of the issue for the user.
14.3. Should any user find illegal Products, or the Products or services prohibited from selling or offering on the online platform, the user may notify us in writing with an electronic signature affixed by certifying that the reported statement is accurate. The user may do so via email at dispute_lineshopping@linecorp.com by providing the following details for our review and suspension of the illegal sale and Services:
1) The reporter’s contact details, i.e., name, phone number, and email;
2) sufficient narrative to show how such goods or services are unlawful;
3) name of the store or the provider;
4) link of the goods or the service;
5) screenshot.
Please note that we will notify the Seller who is being accused in order for such Seller to have an opportunity to plead a contest for the interest of justice.
14.4. After the user has submitted a complaint via the channels specified in Clause 14.1, 14.2, or 14.3, we will review the facts and information reported by the user and will inform the user of the examination’s result and the resolution after the consideration is made via the email provided by the user at the time of the complaint filing. We will examine and inform the user of the result within 14 (fourteen) business days; provided that, the user may track the result thereof via email at dispute_lineshoping@linecorp.com .
14.5. Subject to the limitation of liability in Clause 20, in the event that any user encounters with any issue or incurs any damage and submits a complaint in accordance with Clause 14.2, and if we consider that the issue or damage should be resolved urgently, we may handle and resolve such issue promptly.
14.6. If any user encounters any issue relating to the use of the Services, we recommend the user to submit a complaint through the channels provided in Clause 14.1, 14.2, and 14.3 first. If there is no solution provided within the aforesaid period, you may contact the Online Fraud and Complaint Center (1212ETDA), hotline number 1212 (24 hours), or email at 1212@mdes.go.th , for advice and acceptance of the complaint.
15. Termination or Suspension of the Services Provision and User’s Clarification and Objection Channel
15.1. We may terminate the Services provision to any user involved in the following activities (hereinafter referred to as the “Prohibited Activities”) immediately without prior notice:
(a) canceling multiple orders or continuously without reasonable causes;
(b) violating any provisions of the LINE SHOPPING TOS, LINE Official Account Terms of Use, and LY Corporation Common Terms of Use;
(c) interfering, obstructing, or restricting the Services, LINE Platform, LINE services, or other users, or upon our reasonable ground to suspect thereof, which results in any damage or disturbance thereto, including using devices or a set of computer devices to set an instruction or instruction set, or using programs to access the Services’ system in order to make purchase orders in lieu of the users;
(d) having any reasonable ground to suspect that the user may make a payment for the Products in an abnormal and/or wrongful manner with an intent to commit fraud or scam conducts;
(e) engaging in other activities as we deem unlawful;
(f) using or allowing a third party to use the Services or LINE Platform for illicit purposes;
(g) altering any information or content provided by us within the Services without our consent;
(h) committing violent acts, threatening acts, or verbal expressions, or making improper requests to us, including to post, promote, or transmit through the LINE Platform or these Services;
(i) being anti-social forces or having any relationship with anti-social forces;
(j) infringing upon our intellectual property rights and other rights or those of a third party;
(k) violating or threatening to violate any applicable laws and regulations, common code of conduct relevant to the use of the internet, or the public order and good social morals; or
(l) impersonating any person or entity, falsely stating, or otherwise misrepresenting your affiliation with any person or entity.
(a) request ing any information from the user in connection with the Services usage and/or any access to LINE Platform for verification purposes;
(b) reporting any activities with our suspicion of the laws or regulations violation to relevant governmental agencies and cooperating with such agencies;
15.2. We may provide notice or warning, or temporarily suspend the Services provision, wholly or partly, if there is an occurrence of any of the following events; provided that, we shall notify the users in writing prior to or at the time of suspension with brief details (e.g., facts, circumstances, and grounds for the suspension of the Services provision, estimated period for the suspension (if possible)) via banner/advertising board on the LINE SHOPPING homepage and/or payment checkout page in LINE SHOPPING platform at the time of suspension of the Services provision.
(a) In case of maintenance or repair of the Services system which we will notify the users prior to the suspension, except in the case that we have an urgent need to conduct such maintenance or repair which we will notify the users as soon as possible;
(b) In case of a temporary failure to provide the Services caused by certain force majeure events, e.g., accident (fire, blackout, etc.), natural phenomenon, war, riot, and labor dispute;
(c) In case of system breakdown or overload;
(d) To maintain the security of the users or third parties, or to carry out any mission for public interest in case of an emergency;
(e) Any conduct in other activities as we deem inappropriate;
(f) In other events not provided in this Clause as we deem necessary and reasonable;
(g) In other events not provided in Clause 15.1 and 15.3 as we deem necessary and reasonable.
In this regard, we will return the Services usage status to the users within 7 (seven) days after the end of such events or force majeure (for such events stipulated under (a) (b) (c) (d) and (f) only), or within 10 (ten) days after the cause of such event become known to us (for such events stipulated under (e) and (g) only), except in the case that we are unable to return the Services usage status to the users even within 7 days or 10 days after the end of such events or force majeure, as the case may be, due to other external factors beyond our control, we will notify the users via LINE SHOPPING Official Account.
Furthermore, we may additionally proceed with any of the following measures during the suspension of the Services provision or after the users are permitted to resume the use of the Services:
(a) suspending or revoking any rights or privileges, including but not limited to any rewards or other benefits from sale or marketing promotional activities;
(b) controlling access to contents, activities, or any information, as appropriate, on LINE Platforms and/or the Services;
(c) requesting any information from the user in connection with the Services usage and/or any access to LINE Platform for verification purposes upon the ground to suspect that such user could violate the laws or LINE SHOPPING TOS;
(e) holding any payment temporarily for verification in order to prevent any potential risk that might cause any liability to us or a third party;
(f) taking any other measures as we deem necessary and appropriate such as rejecting or objecting payment for the Products.
15.3. In addition to the Prohibited Activities stipulated in Clause 15.1 above, we may terminate the Services provision to the users; provided that, we shall notify such users in writing at least 30 (thirty) days in advance (or within the period stipulated by laws), with brief details (e.g., facts, circumstances, and grounds for the termination of the Services provision) via banner/advertising board on LINE SHOPPING homepage.
In the event of termination of the Services provision due to any grounds provided in this Clause, we will not return the Services usage status to the users in any circumstance.
15.4. The users who are suspended or terminated from the use of the Services may clarify the facts and reasons at dispute_lineshopping@linecorp.com.
However, in case of the termination of the Services provision as per Clause 15.1, we will not return the Services usage status to the users unless such users can clarify the facts and reasons to our satisfaction, or if we consider that such users are not involved in the Prohibited Activities, we will return the Services usage status to the users within 14 (fourteen) days following the day that the users have clarified the facts and reasons.
15.5. In the event that we suspend or terminate the Services provision, the users may request for their personal data or other data that they store on the Services prior to the suspension or termination thereof via dispute_lineshopping@linecorp.com .
16. Policy, Procedure, Measure, and Tools for Handling Products Considered Illegal
16.1. We hereby notify the users that in providing these Services, we do not allow the Seller to sell illegal Products, including the Products prohibited by laws from being sold or provided via electronic channels. Therefore, we hereby notify the users that in the event that we detect illegal Products or any sale of the Products with sale or service prohibition via electronic channels, we shall suspend the provision of MyShop service to such Seller until the Seller has clarified and provided evidence to prove to satisfaction that the Products of such store are lawful or are not prohibited Products as such; provided that, the consideration and decision thereof shall be subject to our sole discretion.
16.2. We will deploy our inspection team, including our word detection system, as a tool to inspect and detect illegal Products, as well as the Products prohibited from being sold or provided via electronic channels.
17. Intellectual Property Rights
17.1. The intellectual property rights of the Services, LINE Platform, LINE Chat Application, our services, any software, source code and programs in whatever forms used and provided by us, including but not limited to any works, pictures, files, information, materials, contents, structure, layout, design, etc., are owned by us. The aforesaid intellectual property rights shall include but are not limited to trademarks, brand names, logos, patents, copyrights, trade secrets, and know-how (hereinafter referred to as the “Intellectual Property”) displayed on the Services are our property or of those third parties who hold their ownerships. No one may use, copy, modify, reproduce, publicly broadcast, publicly transmit, publicly perform, modify, distribute, circulate, publish, perform, reverse engineer, decompile, or disassemble our Intellectual Property rights as aforesaid without prior consent from us or other right holders.
Furthermore, the use of robot, spider, or any other automatic device, or manual process to monitor or copy the contents of these Services without our prior written consent are prohibited.
17.2. We hereby license a limited and revocable right to access and use these Services in accordance with LINE SHOPPING TOS, provided that the users shall comply with the laws on copyrights, trademarks, service marks and all other applicable laws.
17.3. We have the right to protect all Intellectual Property rights whether they are owned by us or the Seller on LINE Platform.
17.4. If any user is in breach of any provisions under this Clause, the user shall be held responsible for indemnifying us of our damage, losses, and expenses.
18. Indemnification
18.1. Users acknowledges and agrees that all risks arising out of its use of the Services may remain solely and absolutely with the user and it may have no recourse to us unless otherwise provided by laws.
18.2. Users agree to indemnify and hold harmless us and our affiliates, officers, directors, employees, agents, and other users from any claim or demand, including reasonable attorneys' fees, made by any third party arising from (i) user’s violation of LINE SHOPPING TOS, (ii) disputes between the Seller and the user or (iii) user’s violation of any laws or regulations or infringement of any third-party rights. If the users fail to assume such defense, then we may defend the action in any manner that we deem appropriate, and the users agree to pay us all costs and damages including reasonable attorneys’ fees, that we incurred in effecting such defense in addition to any sum that we are likely to be required to pay by reason of any settlement or judgment. This indemnity hereunder shall survive the termination of the Services by the users.
19. DISCLAIMER OF WARRANTIES
THE SERVICES, DOWNLOADS, SOFTWARE, DATA, AND INFORMATION ARE PROVIDED “AS-IS” UNLESS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, INTEGRITY, ACCURACY, RELIABILITY, EFFECTIVENESS, OWNERSHIP, ERROR-FREE, BUGS-FREE, NON-INFRINGEMENT, WITHOUT DELAY, UNINTERRUPTED, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
20. LIMITATION OF LIABILITY
ALL RISKS ARISING OUT OF THE USE OF THE SERVICES, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SERVICES, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH THE SELLER OR THE USER. IN NO EVENT WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF SERVICE FOR USERS OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, ARISING OUT OF OR IN CONNECTION WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED SERVICES, ARISING OUT OF THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR IN CONNECTION WITH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORDER INFORMATION SUCH AS BILLING OR DELIVERY ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE OUR RESPONSIBILITY. THE USER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A FUNDAMENTAL BREACH OF THESE TERMS OF SERVICE BY USERS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
21. Privacy
21.1. We place our highest priority on the privacy of our users.
21.2. We promise to protect the privacy and personal information of our user in accordance with LY Corporation Privacy Policy.
21.3. We promise to exercise the utmost care and attention regarding our security measures for the continued security of any and all user information.
21.4. We may install modules of a third-party Software Development Kit (SDK) in the Services provision in order to analyze the Services usage status and to allow third parties, including advertisers, to distribute advertisements on our behalf, or for other purposes necessary for the use of the Services, provided that the SDKs may directly collect data from buyers.
With regards to the buyers’ personal data processed by third parties through a module or any other means provided by such third parties, the privacy policy of such third parties shall apply. Please click “here” to confirm the details regarding third-party modules.
21.5. Please note that we do not provide any information of our Users to a third party who/which is not directly related to the provision of the Services.
22. General Provisions
22.1. No delay or failure to take action under LINE SHOPPING TOS for users shall constitute any waiver by us of any provision of LINE SHOPPING TOS. If any provision of LINE SHOPPING TOS is invalid or unenforceable under applicable laws, then that provision is deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of LINE SHOPPING TOS shall continue in full force and effect. LINE SHOPPING TOS shall bind and inure to the benefit of us, our affiliates, and our permitted successors and assigns.
22.2. In addition to these LINE SHOPPING TOS, if any specific usage of the Services is subject to particular terms and conditions thereof, the user shall also agree to such terms and conditions prior to his/her usage, and such additional terms shall also subject these LINE SHOPPING TOS.
22.3. LINE SHOPPING TOS shall be governed by the laws of Japan without regard to or application of any principles or provisions regarding the conflict of laws. Users agree to submit to the exclusive jurisdiction of the Tokyo District Court in Japan.
In this regard, we hereby notify the users that in case of any dispute between us and the users, we will not resort to the dispute settlement by mediation or arbitration.
Date of Promulgation: 17 February 2021
Date of 1 st Amendment: 1 October 2023
Date of 2 nd Amendment: 29 March 2024