LINE Pay General Terms of Service
The LINE Pay General Terms of Service (the "Terms") is a contract between LINE Pay Corporation, a company incorporated under the laws of Japan (“LINE Pay”) and any user (hereby referred to as "User", or "you") (collectively the "Parties" and each a "Party") for the former's provision of the LINE Pay services or any part thereof (the "Services") to enable Users to make payments of money for the transactions conducted from time to time on any of the online sales platforms ("Platforms") operated by their respective platform operators ("Platform Operators") that the Company may approve from time to time. In the event that the Services are provided by any company which is affiliated to LINE Pay ("LINE Affiliate") then the Terms shall constitute a contract between such LINE Affiliate and each User and the LINE Affiliate will be the party responsible for the provision of the Services in accordance with this Terms. The reference to "Company" or "we" in the Terms shall be read as a reference to LINE Pay or the LINE Affiliate as the case may be.
The Terms shall apply to the User's access and usage of the Services and the User shall accept and agree to be bound by all the terms and conditions contained in the Terms. For the avoidance of doubt, the Terms incorporates and includes all Schedules to the Terms and any applicable agreements, handling procedures, the descriptions of and covenants for the Services, the guidelines for using the Services, the points to note, and restrictions on use of the Services (collectively, the "Policies") as found on the website of the Services (“Website”) at http://terms2.line.me/linepay_web_TermsofUse?lang=en
(if you accessing the Services using a computer) or at http://terms2.line.me/linepay_web_TermsofUse/sp?lang=en
(if you are accessing the Services using a mobile device).
The Terms is an important document which you must consider carefully when choosing whether to use the Services. Please note the following risks of using the Services:
The Company may close, suspend, or limit a User's access to his/her LINE Pay Account and/or the Services if he/she violates the Terms, including the Policies or any other agreement which is entered into between the User and the Company.
The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable in connection with his/her use of the Services, including but not limited to, those related to export or import activities, taxes or foreign currency transactions.
This Terms is not a solicitation of the Services and the Company is not targeting any country or market through the Terms.
The User shall not use the Services if he/she does not agree to any of the terms and conditions contained in the Terms. By accessing/using or continuing to access/use the Services, the User accepts and agrees to be bound by the Terms as well as any subsequent revisions and amendments hereto. The Terms may be amended by the Company at its absolute discretion at any time by posting such amended Terms on its Website, or by notifying Users of such amended Terms via other methods as may be determined by the Company from time to time, and shall take effect from the time such amended Terms are posted on the Website or are otherwise notified to the Users (as the case may be).
1. SCOPE OF THE SERVICES
1.1 The Company is a payment service provider and acts as such by creating, hosting, maintaining and providing its Services to the User via the Internet. The Company's Services allow Users who have successfully registered for a LINE Pay Account in accordance with Clause 2 of the Terms below to make online payments using their credit cards and any other payment methods that the Company may adopt from time to time (including debit card) ("Credit Card") for the goods, services and/or digital content (the "Goods and Services") purchased over the Platforms.
1.2 The availability of the Services varies by country. Please see the Website for details of the scope of the Services which are applicable in your country of residence.
1.3 The Company is not a remittance business or a money transfer service provider and under no circumstances should the User make use of the Services provided by the Company to remit funds to third parties which are not otherwise consideration due for the payment of Goods and Services transacted over the Platform(s).
1.4 The Company does not have any control over, and is not responsible or liable for the Goods and Services that are paid for using the Services. The Company cannot ensure that the Platform Operator(s) which the User is dealing with will actually complete the transaction.
2. LINE Pay ACCOUNT AND ACCESS TO THE SERVICES
2.2 The granting of access to or availability of the Services to the User shall be at the sole discretion of the Company who reserves the right to accept or deny any User's application for a LINE Pay Account to access/use the Services. The User acknowledges and agrees that the Company may at any time without prior notice to the User terminate this Terms, suspend or cancel the User's LINE Pay Account, the provision of Services or any part thereof to the User or take any other necessary or appropriate measures as it deems fit for any reason whatsoever, including but not limited to the circumstances where:
2.2.1 the Company cannot contact the User by using the User's telephone number(s), address, or other contact information as may be required by the Company and which are provided by the User to the Company in order for the User to register for a LINE Pay Account ("Contact Information");
2.2.2 the User does not have sufficient funds or is insolvent or is otherwise unable to pay the amounts due to the Platform Operator(s) for the purchase of Goods and Services over the Platform(s);
2.2.3 the User is or has been declared a bankrupt under any applicable bankruptcy or insolvency laws;
2.2.4 the User lacks the legal capacity to contract under any applicable laws; or
2.2.5 the records show that the Company had previously suspended the User's use of the Services due to his/her breach of the Terms; or
2.2.6 the User is engaging in or suspected of engaging in any of the Prohibited Activities specified in Clause 7.1 below.
2.3 The User agrees that the Company shall not be held liable for any loss or damage that the User suffers from such measures which the Company takes in exercising its rights under Clause 2.2 above.
2.4 In order to confirm that a User does not fall under any of the circumstances prescribed under Clause 2.2 above, the Company may require the User to provide relevant documents or information. The Company may refuse to provide the Services to the User before it completes such confirmation process. The Company shall not be held liable for any loss or damage that the User may suffer therefrom.
3. ACCOUNT AND PASSWORD MANAGEMENT
3.1 The User shall provide all essential information, including Contact Information, to the Company as may be required by the Company from time to time when registering for a LINE Pay Account in order to fully utilise the contents and functions of the Services.
3.1.1 Contact information. The User is responsible for keeping his/her Contact Information up to date so that the Company can communicate with the User. The User understands and agrees that if the Company sends the User by electronic means any LINE Pay Account or transaction information, including (i) any Policies the User agrees to, including updates to these Policies; and (ii) annual disclosure; transaction receipts or confirmations (collectively, "Communications") but is not received by the User because the Contact Information on file is incorrect, out of date, or the User is otherwise unable to receive electronic Communications for reasons not attributable to the Company, the Company will be deemed to have provided the Communication to the User. Where a User makes use of a filter that blocks or re-routes electronic messages, notifications or other forms of electronic Communication, the User should adjust such filter settings accordingly so that he/she will be able to receive the Communications sent by the Company.
The User can update his/her Contact Information at any time by logging onto the Website of the Services. If the User's Contact Information becomes invalid such that Communications sent to the User by the Company are bounced, the User's LINE Pay Account will be deemed to be inactive, and the User will not be able to transact any activity using his/her LINE Pay Account until the Company receives other valid Contact Information from that User.
3.1.2 Identity Verification. The User authorises the Company, directly or through third parties, to make any inquiries the Company considers necessary to validate the User's identity. This may include requiring the User to:
(a) provide further information or documentation;
(b) take steps to confirm ownership of the User's Contact Information or financial instruments, order a credit report; or
(c) verify his/her information against third party databases or through other sources.
3.2 The User hereby warrants and represents that all information that he/she provides/has provided to the Company is accurate and up-to-date. If any information that a User provides is out of date, the User shall update the affected information promptly. If the User fails to provide or update the information in a timely manner as may be specified by the Company or the information provided is incorrect or untrue, the Company may reject or suspend the provision of part or all of the Services to the User and/or terminate this Terms without prior notice.
3.3 The User warrants and represents that he/she is the beneficial owner of the LINE Pay Account registered under his/her name and uses the Services to make payment solely on his/her own behalf. For the avoidance of doubt, registration to become a User in another's name is prohibited.
3.4 The User shall follow the methods and procedures specified by the Company in establishing the User's identity and password ("Password") for the purposes of access and/or use of the Service. The User may access and use the Services by logging into his/her respective LINE Pay Account using his/her Password (or such other method as may be permitted by the Company from time to time). Each User acknowledges that his/her Password is confidential and shall only be used only by the User for registering and logging into his/her LINE Pay Account in order to access and use the Services. The User shall not disclose, assign, or provide his/her Password to any third parties for the latters' use with or without consideration.
3.5 The User shall maintain his/her Password and exercise all due care and precaution to keep his/her Password confidential and prevent any unauthorised usage by any other person. Any action or omission whether intentionally or unintentionally breaching that confidentiality shall render the User liable to the Company for all the losses and damages whatsoever arising from or as a result of such breach. All activities that occur under the User's LINE Pay Account shall be considered the activities of the User in possession of said LINE Pay Account.
4. ABOUT THE SERVICES
4.1 Unless otherwise permitted by the Company from time to time, the User is required to quote his/her Password in order to log in to his/her LINE Pay Account and/or to access the Services. Thereafter, he/she may make a request to use the Services to effect Credit Card payments for amounts payable on transaction for Goods and Services ("Transaction Amounts") between the User and the Platform Operator ("Payment Request"). By making such a Payment Request, the Company is authorised by the User (but not obliged) to effect the payment of the Transaction Amounts via the User's Credit Card in accordance with the Terms. By adding a Credit Card as a payment method, the User affirms that he/she is providing the Company with continuous authorisation to automatically charge that Credit Card to obtain the relevant funds to effect any payment pursuant to any Payment Request. For the avoidance of doubt, a User is able to stop the continuous authority in respect of any Credit Card by removing that Credit Card as a payment method in his/her LINE Pay Account profile. The User agrees to comply with any security or other verification procedures the Company may from time to time require in connection with any use of the Services.
4.2 Before effecting the payment of Transaction Amounts pursuant to a Payment Request, the Services may, depending on the scope of Services which are applicable in your country of residence, provide the User a re-confirmation mechanism whereby the User is required to re-confirm the Payment Request through such a re-confirmation mechanism. For the avoidance of doubt, the Company shall not be under any obligation to verify the identity or authority of any person giving and/or re-confirming the Payment Request and the authenticity of such Payment Request. The Company shall not be liable for relying or acting in good faith on such Payment Request which is given or purported to be given by any person(s) whom the Company genuinely believes to be the User, regardless of the prevailing circumstances at the time of such Payment Requests, the nature of the arrangement, services or transaction made pursuant to such Payment Request, or the amount of money involved and notwithstanding any error, misunderstanding, fraud, forgery, or lack of clarity or authorisation in terms of such Payment Request.
4.3 For the avoidance of doubt, the Company is not a party to the transaction for sale and purchase of Goods and Services between the User and the Platform Operator(s). The relationship between the User and the Platform Operator(s) in terms of the rights and obligations in connection with the sale and provision of the Goods and Services which are the subjects of such transactions, the transaction methods and terms, and performance or non-performance of the transactions (including but not limited to refusal to perform, delay, non- delivery, defects, errors, return or replacement of Goods and Services, and refund) exist only between the User and the Platform Operator(s). All rights, obligations and liabilities with respect to such transactions shall be exercised, fulfilled, and borne by the User and the Platform Operator(s) in accordance to applicable laws and regulations and the terms of their agreements. The Company's provision of the Services shall not constitute an explicit or implied warranty or undertaking by the Company for the performance of any of such transactions.
4.4 The User may make a Payment Request to authorise the Company to pay on his/her behalf the Transaction Amounts arising from the sale and purchase of Goods and Services between the User and the Platform Operator(s). Transactions between the User and the Platform Operator(s) shall not violate any laws or regulations or public order or good morals
4.5 For the avoidance of doubt, in accepting the User's Payment Request to effect online Credit Card payments of Transaction Amounts to the Platform Operator(s), the Company is not and does not represent to be acting as a bank or financial institution, nor do the Services provided by the Company constitute the carrying on of financial services by the Company. The Company does not through its provision of the Services (a) provide direct financial transfer services to Users; and/or (b) act as a trustee, fiduciary, or escrow agent with respect to the User's funds
4.6 The Company shall upon the receipt and re-confirmation of Payment Requests in accordance to Clause 4.2 above make payments of the Transaction Amounts to the Platform Operator(s). Settlement and payment of Transaction Amounts collected through the Services shall be made in such currencies as permitted by the Company.
4.7 Any Transaction Amounts which the Company receives from the User's Credit Card Issuing Bank shall be deposited into an independent account held by the Company and shall be kept separate from the Company's own operating funds. The Company will not use the said funds in that particular independent account except for settling and paying the Transaction Amounts for Users' transactions of Goods and Services with Platform Operator(s) at Users' Payment Requests, paying charges of the Services, and paying other expenses and indemnities payable or amounts repayable by Users.
4.8 Where notices of payment of Transaction Amounts by the Company for the User via the Services cannot be sent by the Company to the User through the User's official LINE messaging account via the LINE messaging application, the Company shall, after effecting the payment, inform the User of the payment of the Transaction Amounts via any other notification method as the Company may determine from time to time. However, the information available regarding the payment of such Transaction Amounts shall be based on the information contained within the system records of the Services. As the Internet is an openly accessible network, it is impossible for the Company to control or keep abreast of every service provider's operational policies or systems. Hence, where the manner of notification involves transmission over the Internet, the Company does not guarantee the timely receipt by Users of such messages transmitted over the Internet by the Company.
4.9 The system of the Services will automatically record the amounts paid via the Services and any other information relating to the User's usage of the Services. Users who have registered for a LINE Pay Account may log in to their LINE Pay Accounts to check such records. If a User finds the figures in his/her LINE Pay Account, or any related records or information erroneous or otherwise suspicious, he/she shall immediately inform the Company thereof.
4.10 The User shall use the Services according to the methods and the procedures as may be prescribed by the Company from time to time. The Company shall not be held liable for any loss or damage caused if a transaction or payment from the User to the Platform Operator(s) is not completed due to the User's failure to operate the Services in the prescribed manner or in accordance with the Terms and Policies.
4.11 If a User's transaction is suspected of violating any laws or regulations or public order or morality, infringing a third party's rights or interests, breaching a requirement under applicable laws or regulations, or violating an order by a competent authority or any court of law, the Company may (i) close, suspend or limit the User's access to his/her LINE Pay Account or the Services; (ii) refuse to provide the Services to the User; (iii) terminate this Terms; (iv) where the Company has yet to make the transfer of Transaction Amounts to the Platform Operator(s) for the transaction at issue, withhold the Transaction Amounts for such periods of time it deems necessary to protect against the risk of liability to the Company or to a third party; and/or (v) take any other necessary or appropriate measures as it deems fit. The User agrees to indemnify the Company against any loss or damage (a) arising from or in relation to the User's violations as stated in this Clause 4.11; and (b) as may be incurred by the Company in exercising its rights in accordance with this Clause 4.11.
4.12 If the User makes use of the Services in violation of the Terms including any applicable rules and Policies posted on the Website of the Services, the Company shall have the right to terminate the Terms and/or deny provision of the Services or any part thereof to the User and the Company shall not be liable to compensate the User for any damage or loss resulting therefrom.
4.13 The User shall bear any loss or damage resulting from his/her negligence, including but not limited to his/her failures to follow trading instructions, failures to operate transactions on time, forgetting or making unauthorised disclosure of Passwords, and any hacking of the User's LINE Pay Account(s) or personal electronic devices.
4.14 The User shall resolve disputes arising from his/her transactions over the Platform(s) with the Platform Operator(s) at his/her own expense and may not request the Company to handle such disputes for him/her. However, the Company may, in its discretion, intervene to resolve such disputes if it deems the intervention necessary for the maintenance of normal operations of the Services.
4.15. If the Company determines in its sole discretion that the use by a User of the Services and/or the Website or any User's transaction constitutes or falls within any of the Prohibited Activities described in clause 7 below, the Company shall be entitled to suspend the provision of Services to the said User in whole or part, suspend the performance of all or part of its obligations under the Terms, cancel or revoke the said User's transaction, or take any such other action as it deems necessary (including, without limitation, terminating this Terms or imposing limits on the amount of payments the User is able to make via the Services).
5. CANCELLATION OF TRANSACTIONS
5.1 If the User and the Platform Operator(s) agree to revoke or cancel transactions after the Company has paid the Transaction Amounts to the latter via the Services, the User shall immediately inform the Company thereof and request online cancellation of the payments with Credit Card within 60 days of the date of payment by the Company of the Transaction Amounts. If the revocation or cancellation is agreed to and confirmed by the Company, then the Company shall refund to the User, the Transaction Amounts it paid on behalf of the User, provided that such revocation or cancellation is agreed to and confirmed by the Platform Operator(s) or is required by applicable laws. In the event that the User requests for the online cancellation of the payments with Credit Card after 60 days from the date of payment by the Company of the Transaction Amounts to the Platform Operator(s) via the Services, the Company shall not be obliged to revoke or cancel the payment by the Company of the Transaction Amounts but may refund in cash to the User the Transaction Amounts it paid on behalf of the User, provided that such cash refund is agreed to and confirmed by the Platform Operator(s) or is required by applicable laws.
6. HOLDING OF PAYMENT AMOUNTS
6.1 In the event that a court of law, a government agency, a regulatory authority, or a Platform Operator requests according to any applicable laws or regulations, any applicable provision of this Terms or dispute resolution procedure of the Services that the Company suspend making any payments to the Platform Operator(s), or a Credit Card holder declares through his/her Credit Card issuer or acquirer that he/she refuses to pay the Transaction Amount, the User agrees that the Company may hold the related amount in the Company's independent bank account described in Clause 4.7 above until the dispute is resolved. If the amount at issue has been paid to the bank account(s) of the Platform Operator(s), the Platform Operator(s) shall agree to return the amount upon receipt of a notice from the Company.
6.2 Upon resolution of a dispute over an amount held in accordance with the above Clause 6.1 and as proved by proper evidence, the Company shall return the relevant amount to the User or the Platform Operator(s).
7. PROHIBITED ACTIVITIES
7.1 In connection with the use of this Website, the User's LINE Pay Account, the Services, or in the course of the User's interactions with the Company, other Users, the Platform Operator(s) or third parties, the User agrees not to engage in the following activities ("Prohibited Activities"):
7.1.1 violating the Terms or any Policies applicable to the Services ;
7.1.2 violating any applicable laws or regulations of any jurisdiction (including any anti-money laundering/countering of financing of terrorism laws or regulations), administrative orders or measures, judgments of any court of law or decisions of competent authorities;
7.1.3 endangering public order or good morals;
7.1.4 infringing upon the Company's or any third party's rights;
7.1.5 registering for a LINE Pay Account in another person's name; accessing the Services from a country that is not listed on the webpage of the Services; registering with the Services using false, inaccurate or misleading information; obtaining and using multiple LINE Pay Accounts; providing access of one's LINE Pay Account to other unauthorised users; using other Users' LINE Pay Accounts to access the Services;
7.1.6 using the Services or conducting transactions in Goods and Services without obtaining, where required or appropriate, the relevant authorisation, permission, recognition, registration, or filing with the relevant regulatory authorities, or otherwise doing so without complying with applicable laws;
7.1.7 conducting transactions on any Platform that are fraudulent or illegal;
7.1.8 entering into contracts with the Company or any Platform Operator without the legal capacity to do so under the laws of the relevant jurisdictions;
7.1.9 using others' LINE Pay Accounts or invalid financial institution accounts (including Credit Card accounts) to conduct transactions on any Platform;
7.1.10 buying articles or services banned or subject to restrictions by the law or international credit card organizations, or conducting any other illegal transactions or buying counterfeit goods;
7.1.11 proposing to use the Services to effect a transaction which falls outside of the scope of Services;
7.1.12 causing damage to the Company's or a third party's reputation and credit, or hindering the business activities of the Company or a third party;
7.1.13 interfering with the computer servers of the Services or network system;
7.1.14 using technical means to manipulate the Services in an improper manner;
7.1.15 copying, altering or publicly transmitting the software, programs, databases and API used by the Company to provide the Services (unless the public transmission is required for using the Services), as well as using reverse engineering, disassembly or other methods to analyze the software, programs, databases and API;
7.1.16 acting in a manner that is defamatory, trade libelous, threatening or harassing;
7.1.17 refusing to cooperate in an investigation or provide confirmation of identity or documents to support any information provided to the Company;
7.1.18 controlling a LINE Pay Account that is linked to another LINE Pay Account that has engaged in any of these Prohibited Activities;
7.1.19 conducting business or using the Services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to the Company, other Users, Platform Operators, third parties or the User himself;
7.1.20 having a credit score from a credit reporting agency that indicates a high level of risk associated with the User's use of the Services;
7.1.21 providing oneself with a cash advance from one's Credit Card (or helping others to do so);
7.1.22 hindering the normal operations of the Services; or
7.1.23 exhibiting any other types of behavior deemed inappropriate by the Company.
7.2 If the User violates the Terms, including the preceding Clause 7.1 above or any applicable provisions of the Services, the Company may suspend the provision of Services to the said User in whole or in part, or suspend the performance of all or part of its obligations under the Terms, and may terminate the Terms in accordance with Clause 14 below. If such violations cause the Company to sustain any loss or damage, the User shall indemnify the Company of all such amounts.
8. HANDLING OF ERROR PAYMENTS
8.1 If error payments are made for causes attributable to the Company, the Company shall be entitled to reverse the error payments that it discovers. The User shall be required to cancel the originally approved payment of the erroneous Transaction Amount and make payment of the correct Transaction Amount via the User’s Credit Card.
8.2 When error payments are made for causes attributable to the User such as by virtue of the User keying in the wrong Transaction Amounts or the wrong payees, the User will not have any recourse against the Company. However, the User may contact the Platform Operator(s) to whom he/she has utilised the Services to make the payment to and ask the Platform Operator(s) to refund the payment. The Company will not reimburse the User or reverse a payment that the User has made in error.
9. HANDING OF COMPROMISED ACCOUNTS AND PASSWORDS
9.1 As soon as Users find or suspect that their LINE Pay Accounts or Passwords have been compromised or used in an unauthorised manner by any third party, they shall notify the Company by using the contact form found on the Website of the Service at https://contact-cc.line.me/serviceId/10712
, and proceed to suspend the LINE Pay Accounts at issue so that the Company can take proper and timely measures against such events. However, any such measures taken shall not be taken as any explicit or implied indemnity from the Company to Users or any liability of the Company to Users. Upon receipt of Users' notification, the Company may in its sole and absolute discretion suspend any instructed payments from Users' LINE Pay Accounts and suspend accepting any subsequent Payment Requests to pay from those LINE Pay Accounts.
10. INFORMATION SECURITY
10.1 The Company will take proper measures to ensure the security of the data on the information system of the Services. Nevertheless, the User shall ensure the security of his/her information system and prevent third parties from illegally hacking, obtaining, altering, or damaging his/her business records or their personal information.
11. NO WARRANTIES AND LIMITATION OF LIABILITY
11.1 The User agrees to defend, indemnify and hold the Company, its parent, subsidiaries and affiliates, and its officers, directors, agents, joint ventures, employees and suppliers (the "Indemnitees") harmless from any claim, demand, damage, cost, or liability (including without limitation reasonable legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from the User or the User's employees’ or agents’ breach of the Terms and/or Policies.
11.2 The Services are provided on a "AS IS" and "AS AVAILABLE" basis. The Company and its Indemnitees make no representations, warranties, or undertakings (whether express or implied) regarding LINE Pay, the Services, and any of the content on the Website of the Services. All representations, warranties, or undertakings including but not limited to representations, warranties, or undertakings of accuracy, reliability, merchantability, satisfaction, quality, fitness for a particular purpose and non-infringement, are expressly excluded or disclaimed to the greatest extent permitted by law. The Company reserves the right to add, delete or modify the relevant systems or functions of the Service in whole or in part.
11.3 The system of the Services will periodically back up data. The Company shall not be held liable for compensation for erroneous deletion or wrong or failed backup of any data.
11.4 The User is solely responsible for all matters related to the transactions made between him/her and the Platform Operator(s), including the negotiations of the transaction terms, delivery and receipt of Goods and Services, payment for Goods and Services, cancellation or termination of sale and purchase agreements, provision of warranties against defects, and handling of product returns and refunds. The Company shall not be responsible or held liable for any transactions between the User and the Platform Operator(s).
11.5 Suggestions and information which the User receives from the Company or the Company's staff members or via the Services, either in writing or orally, shall not constitute any warranty, undertaking or representation made by the Company in connection to the Services.
11.6 To the maximum extent permitted by law, the Company and its Indemnitees expressly disclaim and exclude any and all INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE loss or damage (including loss of business, revenue, profits, use of data, or other economic benefits) which may be suffered by the User (or any person claiming under or through the User) in connection with or however arising from the User's access and/or usage of the Services/Website of the Services, whether or not (a) the same arises in contract, tort (including negligence) howsoever; (b) such loss or damage is foreseeable and/or (c) the Company has received prior notification of the possibility thereof.
11.7 The aforesaid disclaimers and exclusions in Clause 11.6 above shall apply to the fullest extent permissible under law, but shall not apply in respect of any liability, loss or damage relating to:
11.7.1 death or personal injury caused by the negligence of the Company;
11.7.2 fraud or fraudulent misrepresentation; or
11.7.3 any other liability which may not be excluded by law.
11.8 The total liability of the Company, whether in contract, tort (including negligence) or otherwise and whether in connection with the Terms or any collateral agreement shall be limited to the aggregate Transaction Amounts paid by the User in the immediately preceding three months.
11.9 Some or all of these limitations or exclusions in this Terms may not apply to the User if the User's state, province or country does not allow the limitation or exclusion of liability for Incidental or Consequential damages.
12. SUSPENSION OR INTERRUPTION OF SERVICE
12.1 In any of the following situations, the Company may suspend or interrupt the Services in whole or in part, and Users shall not claim any indemnity or compensation therefor:
12.1.1 The suspension or interruption is for relocating, replacing, maintaining, updating or repairing the software or hardware facilities of the Services.
12.1.2 The Company has determined in its sole discretion that Users have used the Services in violation of the law, the Terms or any other requirements.
12.1.3 The Services are suspended or interrupted, or cannot operate normally because of a Force Majeure Event. For the avoidance of doubt, Force Majeure Event means any cause beyond the control of any Party, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, terrorist acts, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems.
12.1.4 The Services are suspended or interrupted, or cannot operate normally because of acts of third parties, or other causes not attributable to the Company.
12.1.5 The Company finds after investigation that Users have provided false identity information for authentication.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 The Users agrees and acknowledges that nothing in these Terms shall constitute the grant of any right, title or interest in or to any intellectual property rights used in connection with or comprised in the Services, all of which rights are retained by Company and its licensors.
14. TERMINATION AND MODIFICATION OF CONTRACT
14.1 The User may at any time terminate the Terms by logging on to the Internet to effect the discontinuation of his/her LINE Pay Account with the Services. Upon the termination of the Terms, the Company will cancel any pending transactions.
14.2 A User may not evade an investigation by closing his/her LINE Pay Account. If any User closes his/her LINE Pay Account while the Company is conducting an investigation, the Company may hold any Transaction Amounts made to protect the Company, its parent, subsidiaries and affiliates or a third party against the risk of legal claims, fees, fines, penalties and other liability. The User will remain liable for all obligations related to his/her LINE Pay Account even after the LINE Pay Account is closed.
14.3 The User agrees that Clauses 11, 13 to 16 of the Terms as well as any other terms which by their nature should survive, shall survive the termination of the Terms.
14.4 The Company may amend the Terms at any time when it deems necessary, including modifying relevant regulations, and Policies that have or will be announced. The amended Terms shall be clearly announced on the Website of the Services and/or notified to the User via any other means as may be determined by the Company from time to time, and shall take effect from the time of the announcement. By continuing to use the Services and/or any part thereof after the amendments, the User accepts and agrees to be bound by the amended terms in their entirety. If the User does not agree with any amended terms, the Company may terminate the User's access/use of the Services and shall not be held liable for any loss or damage that the User may suffer from the termination.
15. DISPUTES WITH THE COMPANY.
15.1 The Company's goal is to learn about and address the User's concerns and, should the Company be unable to do so to the User's satisfaction, to provide the User with a neutral and cost effective means of resolving the dispute quickly. If a dispute arises between the User and the Company regarding the Services, such dispute may be reported to Customer Service online through:
the Company's Weblink for Consumer Dispute Resolution and Complaint (Customer Service):
15.2 For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through mediation or, in the event that mediation is unsuccessful, binding non-appearance-based documents only arbitration. If a party elects for mediation, that party will initiate such mediation through the Small Case Commercial Mediation Scheme at the Singapore Mediation Centre. In the event that mediation is unsuccessful, the party which initiated the mediation will initiate such arbitration through the Singapore International Arbitration Centre, Law Society Arbitration Scheme in the Law Society of Singapore, or any other established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted as a documents-only arbitration, without any appearances and/or hearings, unless otherwise mutually agreed by the parties; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.3 Except as otherwise agreed by the parties or as described in Clause 15.2 above, the User agrees that any claim or dispute he/she may have against the Company must be resolved by a court located in Singapore. The User irrevocably agrees to submit to the exclusive jurisdiction of the courts of Singapore for the purpose of litigating all such claims or disputes. This Terms shall be governed in all respects by the laws of Singapore as such laws are applied to agreements entered into and to be performed entirely within Singapore.
15.4 All claims brought against the Company must be resolved in accordance with this Clause 15 of this Terms. All claims filed or brought contrary to this Clause 15 shall be considered improperly filed and a breach of the Terms. Should any party file a claim contrary to this Clause 15, the Company may recover all reasonable attorneys’ fees and costs (including in-house attorneys and paralegals) incurred as a result of the improperly filed claim, provided that the Company has notified the User in writing of such improperly filed claim, and the User has failed to promptly withdraw the claim.
15.5 If any proceeding by or against the User is commenced under any provision of any bankruptcy or insolvency law, the Company will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of the Terms.
15.6 If the User has a dispute with one or more Users or the Platform Operator(s), the Users shall release the Company, its parent, subsidiaries and affiliates, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
16. MISCELLANEOUS AND GENERAL TERMS
16.1 Entire Agreement. The User acknowledges and agrees that the (a) relevant handling procedures; (b) the descriptions of the Services; and (c) the guidelines for using the Services, posted on the Website of the Services shall govern all other matters in connection to the User's access and use of the Services which are not otherwise provided for in the Terms. For the avoidance of doubt, the Policies shall constitute an integral part of the Terms.
16.2 Assignment. The Terms and all the rights and obligations of the Company under it may be assigned, transferred, novated or otherwise dealt with by the Company and will inure to the benefit of the successors and assigns of the Company, and the User shall do all things necessary to facilitate such assignment, transfer, novation or dealing. This Terms and all the rights and obligations of the User under the Terms are personal to the User and the User shall not delegate, assign, sub-license or sub-contract any of those rights and/or obligations to any third party without the Company's prior written consent.
16.3 Electronic Messages. The User agrees that electronic messages exchanged via the Services and used by the Company shall have the same effects as written documents, and that in the event of any trial, arbitration, mediation or any other statutory dispute resolution proceedings for any disputes between the parties over use of such messages, the User may not assert that such electronic messages do not meet the requirements of written or signed documents and should be deemed invalid or not existing.
16.4 Severability. If any term or provision contained in the Terms is found or held to be illegal or void or voidable or unenforceable, the legality, validity and enforceability of the remainder of the Terms shall not be affected and the remainder of the Terms shall remain in full force and effect. The User agrees that the Company may amend the illegal, void, voidable or unenforceable part of the Terms provided that the amendment shall reflect the intention expressed by the Terms to the extent permitted by law.
16.5 Translated Agreement. Any translation of the Terms is provided solely for the User's convenience and is not intended to modify the provision of the Terms. In the event of a conflict between the English version of the Terms and a version in a language other than English, the English version shall prevail.
16.6 Third Party Rights: A person who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) (Rev Ed 2002) to enforce any term of the Terms.
16.7 No Waiver. No omission or delay on the Company's part in exercising any or part of its rights under the Terms shall operate as a waiver thereof.
16.8 Notice. Except as otherwise provided in the Terms, any notice provided by the Company to the User hereunder shall:
16.8.1 be in writing and in the English Language and may be duly given by the Company to the User by (i) prominently posting the notice on the Company Website; or (ii) any other notification method which the Company may determine from time to time; and
16.8.2 be deemed to have been received and effective for the purposes set out in the Terms, (a) in the case of posts on the Company’s Website, within 24 hours of the posting of such notice; (b) in the case of notifications sent to User's official LINE messaging account via the LINE messaging application, at the time such messages are sent by the Company; (c) in the case of a letter, delivered personally by hand when left at the relevant address or two (2) days after it has been put into the post; (d) in the case of a fax, at the time of despatch when a complete and legible copy is received by the addressee and (e) in any other case, at the time the notification is posted or sent by the Company.
16.9 If no address has been provided to the Company by the User, notice may be duly given by the Company to the User when prominently posted on Line.me/pay and the User should regularly review that site for any notices.
16.10 Except as otherwise stated in this Terms, no notice shall be binding on the Company unless sent by the User to the Company via the Company's Website at line.me/pay or via the Consumer Dispute Resolution and Complaint (Customer Service) Website at https://contact-cc.line.me/serviceId/10712
The Company's Weblink for Consumer Dispute Resolution and Complaint (Customer Service):