MyShop Terms and Conditions of Service for Sellers
1. MyShop Service
2. Rejection of Use of the MyShop Service
In the event that LINE determines that any of the following items is applicable to the Seller, LINE may temporarily suspend or terminate: (1) any listed products sold in the MyShop of the Seller; (2) any functions and/or features available in the MyShop Service; and/or (3) the use of the MyShop Service by the Seller, including but not limited to deleting the MyShop user account of the Seller, at any time:
(1) The Seller was, even once, suspended or rejected to use any service provided by LINE;
(2) The Seller registers or displays information which is incorrect or out of date on LINE Official Account or the MyShop Service;
(3) The Seller violates any provision set forth in the Related Terms of Service; and
(4) Other instances where the use or the registration of Seller of LINE Official Account or the MyShop Service is not appropriate.
3. Grant of License
The Seller hereby grants LINE a non-exclusive, royalty-free, worldwide and irrevocable license to collect, copy, publish, use, reproduce, distribute, share, disclose, transmit, and display information about Seller’s Merchandises (including but not limited to product image, all images, product ID, product description, the product information, product name, product category ID, product category, universal product code (UPC), price, keyword search (Collectively “Merchandises Information”)) and Seller's name, trademarks, service marks and logos during use of the MyShop Service to LINE SHOPPING service and LINE Ads Platform service including other services provided by LINE Corp. and LINE Company (Thailand) Limited (including but not limited to their affiliate, business partner, partnership) for the development, promotion and advertisement of the MyShop Service. The license granted hereunder shall include but is not limited to the right under the Article 27 and Article 28 of Japanese Copyright Act.
4. Seller’s Warranties for Products
4-1 The Seller hereby represents and warrants that any and all Merchandises Information meet the following items:
(1) Truthful, accurate, and not misleading or otherwise deceptive;
(2) Not violating the intellectual property rights, such as copyright, patent, trademark, trade secret, rights of publicity or privacy, of any third party;
(3) Not violating any law, statute, ordinance or regulation; and
(4) Not be defamatory, libelous, unlawfully threatening or unlawfully harassing.
4-2 The Seller hereby represents and warrants that the Seller will not list, offer or sell any of the following items:
(1) Stolen or counterfeit;
(2) Which infringes the intellectual property rights of others, such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy;
(3) Which Seller does not have full right and authority to sell;
(4) Which contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(5) Which are prohibited to sell or transfer by any applicable law, statute, ordinance or regulation;
(6) Which contain any material that is obscene, pornographic or that is contrary to public order and morality; and
(7) Which may create liability for LINE.
5. Order Information
5-1 The information relating to the MyShop Service as specified in the following below shall be collectively referred to “Order Information":
(a) Purchaser’s information: Purchaser’s name, delivery address, phone number, email, purchased Merchandises;
(b) Order: order number, order created date, last updated date of order, product name, product category, product code, brand, product price, number of products purchased by user, SKU, barcode, images of product, variants (color, size), expiry date of order, coupon code, discount amount of coupon, discount amount of order from the system, discount amount made by seller, additional notes by purchaser, additional notes by seller;
(c) Proof of Payment: transfer amount, transfer date, transfer time, transfer slip image or receipt (consist of date & time, Purchaser’s name, Purchaser’s bank account name, Purchaser’s bank account number (partial), Seller’s name, Seller’s bank account name, Seller’s bank account number (partial), transaction number, amount, fee, price);
(d) Payment Method: bank transfer, credit card, debit card or cash on delivery or other manners;
(e) Shipment Information: order number, Purchaser’s profile name, last updated, total product amount, shipping fee, shipping fee discount amount, shipping methods, shipping company name shipment status; and
(f) Inventory: Product Name, variant, reserved amount, ready to ship amount, available amount, on hand amount.
5-2 The Seller shall strictly manage and use the Order Information in accordance with the applicable laws and regulations, and may only use Order Information to perform its obligations and services relating to a transaction between the Seller and the Purchaser through the MyShop Service, in accordance with the Terms of Service for Sellers, and all applicable laws and regulations. The Seller shall not;
(1) disclose or convey any Order Information to any third party, except for the cases where laws admit to disclose the Order Information to a third party; or
(2) use the Order Information for purposes other than the performance of the obligation to the Purchaser. Notwithstanding, the Seller acknowledges that the Order Information shall be used during the period of the MyShop Service as specified in the agreement between LINE and the Seller only and shall not collect or use or distribute or disclose any of Order Information when the said agreement is terminated or expired.
5-3 The Seller agrees that LINE may collect, process, and use the information, activity, and behavior of the Seller (the “Seller Information”) within or relating to the MyShop Service for the following purposes:
(1) Utilizing, browsing and associating the Seller Information together with other business partners for meta-analysis not only for the MyShop Service but also other LINE’s services as LINE deems appropriate;
(2) Maintaining, developing, innovating and improving the MyShop Service;
(3) Providing target and optimized advertisement on or through the MyShop Service or through the LINE SHOPPING service;
(4) Placing target and optimized advertisement on Internet, the MyShop Service or in other media;
(5) Measuring the effectiveness of advertisement on the Internet, the MyShop Service or in other media; and
(6) Detecting or preventing fraud, unauthorized use, abuse or unlawful activity of service provided by LINE.
5-4 The Seller consents and agrees that LINE may use any of the information to which the Seller provides (including personal information) or send such information to a third party for the purposes of sending computer data, electronic mail, telephone, or any communication devices in relation to the following purposes:
(1) Any amendment to the Terms of Service for Seller or any terms and conditions related to the MyShop Service;
(2) Promotion and marketing activities;
(3) Any notifications to the Seller’s shop such as delivery of Merchandises, Merchandises recall, additional information request, contacting the Seller or providing proof of evidence for entering into the agreement, or any other action in connection with the MyShop Service and the Seller’s shop;
(4) Conducting surveys to improve the MyShop Service;
(5) Exercising any claims incurred to the Seller;
(6) Proposing a third party service which has a connection with the MyShop Service or which helps the Seller’s shop to gain additional benefits from the usage of the third party service; and
(7) Any other purposes as LINE deems appropriate.
6. Seller’s Responsibilities
6-1 The Seller shall set up the delivery methods at its own obligations and responsibility and in accordance with the information as obtained from the Purchaser. Further, the Seller shall use its best efforts to ensure that the Purchaser will receive the purchased Merchandises within an exact period as specified by the Seller.
The Seller may use an additional feature provided by LINE in order to connect shopping information to couriers as specified by LINE so that the Seller and the Purchaser can monitor delivery status at any time through the MyShop Service and/or the LINE SHOPPING service. Nevertheless, the Seller may opt out of the usage of such additional feature at any time.
For the avoidance of doubt, such additional feature is provided for convenience to the Seller only. LINE reserves the right not tot be held liable for any damages incurred in connection with all deliveries, and the Seller shall claim or be responsible for the couriers only. In addition, in the case where the Seller starts to use the additional feature, it is deemed that the Seller agrees to comply with terms and conditions of service of a third party immediately.
6-2 The Seller will be solely responsible for, and bear all liability for, the fulfillment of the order, including without limitation, packaging, and delivering of Merchandises, shipping cost to the carriers (where the Seller may further charge the Purchaser), and the sole liability and risk involved in such processes.
6-3 In the case where the Seller wishes to temporarily suspend the sale, encounters with problems in relation to delivery of the Merchandises, or experiences any other problems resulting in being unable to provide a sale service to the Purchaser effectively, the Seller may turn on the “Vacation” mode on the “Settings” page of the Seller’s shop. In this regard, when the Seller turns on the “Vacation” mode, the Merchandises placed in the Seller’s shop will not be displayed on the “Search” page, and the Seller may be disqualified from any promotional activities where the Seller is participating in during that period.
Nevertheless, in the event that the Seller’s shop is inactive, including but not limited to cases where the Seller has no sales transaction with the Purchaser, the Seller does not respond to the Purchaser’s message, or any other causes, for 3 consecutive days, LINE will send a notification message to the Seller via MyShop Official Account or any other channels that LINE deems appropriate. If the Seller fails to respond to LINE within 10 days from the date of receiving the said message, it is deemed that the Seller wishes to temporarily suspend the sale, and LINE reserves the right to immediately adjust the status of the Seller’s shop to the “Inactive mode”. In such manner, LINE will not be liable for any damages incurred to the Seller.
6-4 The Seller agrees that the Seller will be solely responsible for any costs and damages caused by the transactions between the Seller and the Purchaser, and will not demand any costs and damages caused by the said transaction against LINE.
6-5 The Seller is responsible for handling the Purchaser’s requests of cancellations, returns, refunds, customer service, or other matters related to the transactions between the Seller and the Purchaser. Once the Purchaser has placed an order for the Merchandises through the MyShop Service, the Seller shall handle all aspects of the order process. LINE will not change or cancel any order made by the Purchaser, including any change of delivery or payment information. The Seller shall appropriately display information on the MyShop Service for the Purchaser to contact the Seller for any changes or cancellations.
6-6 The Seller shall use appropriate information security system to prevent the leakage of or unauthorized access to the Order Information. The Seller shall be solely responsible for damages and costs caused by the said leakage and unauthorized access, and other security accidents.
7. Conditions of Payment
7-1 The Seller shall be responsible to provide payment methods at its sole discretion for selling the Merchandises as well as delivery services to be used and implemented in the MyShop Service. The Seller shall comply with their Terms and Conditions relating to use of such payment gateway (as applicable) and/or delivery services. LINE shall not be involved in any partial or whole payment operations or be liable for any damage and loss arising out of payment’s operations.
7-2 All payments of the delivery fee relating to the Purchaser’s order shall be agreed by the Seller and the Purchaser. The Seller shall comply with the manner of payment specified separately by the delivery carrier.
8. Representations and Warranties
The Seller hereby represents and warrants to LINE the followings:
(1) The Seller is validly existing and in good standing under the laws of the country where the Seller uses the MyShop Service; and
(2) The Seller has the right, power and authority to grant the rights and licenses hereunder free and clear of any claims, liens and encumbrances.
The Seller agrees to indemnify and hold harmless LINE and its affiliates, officers, directors, employees and agents, and other users or the MyShop Service from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to Seller’s violation of these Terms of Service for Sellers, disputes between Seller and Purchaser, or Seller’s violation of any law, regulation or third-party right. If the Seller fails to assume such defense, then LINE may defend the action in any manner that it deems appropriate, and the Seller agrees to pay to LINE all costs, including reasonable attorneys' fees, that LINE incurs in effecting such defense in addition to any sum that LINE may be required to pay by reason of any settlement or judgment. This indemnity hereunder, shall survive after the cessation or termination of the Seller’s use of the MyShop Service.
10. Disclaimer of Warranties
THE MYSHOP SERVICES, DOWNLOADS, SOFTWARE, DATA, AND INFORMATION ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED HEREIN, LINE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE MYSHOP SERVICE, 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, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
11. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE OF THE MYSHOP SERVICE REMAINS WITH THE SELLER. IN NO EVENT LINE OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES 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 SELLER OR THE USE OF OR INABILITY TO USE ANY MERCHANDISES, ARISING OUT OF OR IN CONNECTION WITH THE DELAY OR INABILITY TO USE THE MYSHOP SERVICE OR RELATED SERVICES, ARISING OUT OF THE PROVISION OF OR FAILURE TO PROVIDE MERCHANDISES, OR IN CONNECTION WITH ANY INFORMATION AND SOFTWARE OBTAINED THROUGH THE MYSHOP SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE MYSHOP SERVICE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF LINE HAS 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 THE RESPONSIBILITY OF LINE. THE SELLER 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 TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF SERVICE FOR SELLER) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
12. Termination of Using MyShop Service
The Seller may terminate the MyShop Service at any time. In the event that the Seller wishes to terminate the MyShop Service, the Seller shall notify such intent to LINE in accordance with the designated method. In this regard, in consideration of such termination request, the Seller shall observe to all obligations toward the Purchaser and LINE, including but not limited to having already delivered all Merchandises to the Purchaser prior to termination of using the MyShop Service. Nonetheless, LINE reserves the right to request for damages to the Seller after termination of using the MyShop Service; provided that, LINE found that the Seller violated any of these Terms of Service for Sellers.
13-1 LINE places its highest priority on the privacy of its Seller.
13-3 LINE promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all Seller information.
13-4 LINE may install modules of a third-party software development kit (SDK) in the MyShop Service in order to analyze status of use of the MyShop Service and to allow the third party partners, including advertisers, distribute ads on our behalf and measure the effectiveness of advertising. SDKs may collect Seller’s information directly, and the Seller can choose to stop / resume at any time yourself at the advertisement delivery based on your information.
14-1 No delay or failure to take action under these Terms of Service for Sellers shall constitute any waiver by LINE of any provision of these Terms of Service for Sellers. If any provision of these Terms of Service for Sellers is invalid or unenforceable under applicable law, then that provision is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Service for Sellers will continue in full force and effect. These Terms of Service for Sellers will bind and inure to the benefit of LINE, its affiliates, and their permitted successors and assigns.
14-2 LINE reserves the right, at its sole discretion, to change, add or remove portions of these Related Terms of Service and Terms of Service for Sellers, at any time. It is Seller’s responsibility to check Related Terms of Service and Terms of Service for Sellers each time before using the MyShop Service. The Seller continued use of the MyShop Service following the posting of changes will mean that the Seller accepts and agrees to the such changes.
14-3 These Terms of Service for Sellers shall be governed by the laws of Japan without regard to or application of any conflict of laws, or provisions. The Seller consents to the exclusive jurisdiction of the Tokyo District Court in Japan.
14-4 The Seller shall warrant to LINE that it is not and does not have any relationship with anti-social forces.
14-5 The Seller shall keep the confidential information of LINE in secret and shall not disclose such confidential information to any third parties in any cases without LINE’s consent.
14-6 These Terms of Service for Sellers shall apply to Seller for which LINE has determined their affiliated country and region to be Thailand. If any contradictions exist between these Terms of Service for Sellers and any linguistic translation of these Terms of Service for Sellers provided by LINE, these Terms of Service for Sellers in their original English language shall supersede.
Enacted on April 2, 2019
Last updated on September 29, 2022