LINE MAN Master Terms of Service
Last updated: January 28th, 2020
Thank you for your interest in using LINE MAN Application. By clicking “LOG IN WITH LINE” button before proceeding to use the LINE MAN Application, it means that you have read, understand, and agree to these LINE MAN Master Terms of Service (the "Master Terms of Service"), the Specific Terms and Conditions and the Partner Company Terms and Conditions specified herein below, which govern your use of LINE MAN Application in Thailand. Please read the Master Terms of Service, the Specific Terms and Conditions and the Partner Company Terms and Conditions carefully as it affects your rights and obligations. If you do not agree with the Master Terms of Service, the Specific Terms and Conditions or the Partner Company Terms and Conditions, please do not continue using LINE MAN Application.
Unless specifically defined in the Specific Terms and Conditions of each of the Service, the following terms shall be defined as follows:
"Company" means LINE Man Corporation Pte. Ltd. who develops, owns, and operates LINE MAN Application; without being involved in providing the Service itself. The Company neither functions as a transport business operator or messenger nor owns/operates/employs any vehicles, drivers or messengers.
"Food Delivery/Convenience Goods Service Specific Terms" means the terms and conditions specifically applicable to the Food Delivery/Convenience Goods Service that can be found at https://terms2.line.me/lineman_specific_terms_food_convenience_2/sp?lang=en.
"LINE Chat Application" means a communication platform application developed, owned, and operated by the Company that allows the Users to instantly exchange information, including but not limited to texts, images, video, audio, and to make a voice or video call on compatible electronic devices of the Users.
"LINE MAN Application" means an application or website developed, owned, and operated by the Company that allows the Users to request for the Services from the Partner Company and/or the Service Provider.
"LINE MAN TAXI Service Specific Terms" means the terms and conditions specifically applicable to the LINE MAN TAXI Service that can be found at https://terms2.line.me/lineman_specific_terms_taxi_2/sp?lang=en.
"Messenger Service Specific Terms" means the terms and conditions specifically applicable to the Messenger Service that can be found at https://terms2.line.me/lineman_specific_terms_messenger_2/sp?lang=en.
"Partner Company" means a relevant third-party entity who accepts to provide the Services requested by the Users via LINE MAN Application.
"Parcel Service Specific Terms" means the terms and conditions which are specifically applicable to the Parcel Service which can be found at https://terms2.line.me/lineman_specific_terms_parcel_2/sp?lang=en.
"Service" means (i) the Food Delivery/Convenience Goods Service; (ii) the Messenger Service; (iii) the Parcel Service; and/or (iv) the LINE MAN TAXI Service, each of which is provided and completely handled by the third-party Partner Company or the Service Provider (in respect of types of Service), which the Users can order via LINE MAN Application.
"Service Provider" means the Deliveryman, who acts on behalf of the Partner Company, or the Taxi Driver, or the riders or the service providers the services of whom the Users can order via LINE MAN Application as the case may be.
"Specific Terms and Conditions" means (i) the Food Delivery/Convenience Goods Service Specific Terms; (ii) the Messenger Service Specific Terms; (iii) the Parcel Service Specific Terms; and/or (iv) the LINE MAN TAXI Service Specific Terms.
"User Account" means an online account created by the Company for each User in the LINE MAN Application upon registration, through which the User can order the Service provided by the Partner Company or the Service Provider.
"User, You, or you" means the user of the LINE MAN Application who orders the Service from the Partner Company or the Service Provider.
2.1 User confirms that he/she has reached the legal age or obtained parental consent to use the LINE MAN Application and the Services.
2.2 In order to use LINE MAN Application, the User is required to have the LINE Chat Application. The Company may send the User messages/notifications as part of the normal business operation of the User's use of the LINE MAN Application via the LINE MAN Application and/or the LINE Chat Application.
2.3 User understands and agrees that the LINE MAN Application's function is a platform to automatically match the User with the Service Provider for the provision of the Services.
2.4 If the User does not agree with the automatically-matched Service Provider, he/she is entitled to cancel the order in accordance with the Specific Terms and Conditions applicable to each Service.
2.5 User will not solicit, divert or attempt to solicit or divert any business from the Company in Thailand or interfere with the Company's business relationship with any Service Provider and/or Partner Company whom you have become acquainted or ordered Services from as the direct or indirect result of your use of the LINE MAN Application in Thailand.
2.6 By using LINE MAN Application, the User agrees that:
2.6.1 User will only use the Service for lawful purposes;
2.6.2 User will only use the Service for the purpose for which it is intended to be used;
2.6.3 User will not use LINE MAN Application and/or the Service for fraudulent purposes;
2.6.4 User will not use LINE MAN Application and/or the Service for purposes other than obtaining the Service; and
2.6.5 User will not impair or circumvent the proper operation of the network which LINE MAN Application and/or the Service operate(s).
2.7 User has read and agreed to the Specific Terms and Conditions for each Service.
2.8 For use of the Service, the User agrees to comply with these Master Terms of Service in all aspects. User warrants and affirms that the information the User provide to the Company for the purpose of use of the Service is true, complete, up-to-date and accurate. The Company does not have duties or responsibilities whether direct or indirect if the information provided by the User is false, not up-to-date, incomplete or inaccurate.
3.1 As the Company is not involved in any part of the Service, the Company does not guarantee performance of the Service Provider nor any action by the Service Provider, whether it be willful or with negligence.
3.2 The Company makes no representation, warranty, condition (whether express or implied), or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any Services, the LINE MAN Application and/or the software. The Company disclaims all representations, conditions or warranties express or implied, that (a) the use of the Service and/or the LINE MAN Application will be of satisfactory quality, secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service and/or the LINE MAN Application including the quality of any products, services, information, or other materials purchased or obtained by you through the LINE MAN Application will be fit for purpose, meet your requirements or expectations and (c) any stored data will be accurate or reliable.
3.3 The Company disclaims any and all representations and warranties for late Services, non-performance or cancellation of the Services due to the User's inaccurate input such as recipient's name, contact details, and/or address or the User's not confirming information or the Service Provider not being able to contact the User.
3.4 The Company does not represent and warrant that LINE MAN Application and/or related software will be without any delay, error, viruses or malicious software and does not warrant that the data, features, functions, or any other information offered on or through the LINE MAN Application or any referenced materials will be accurate, useful, or corrected. However, the Company will use its reasonable efforts to prevent such occurrences from occurring.
4.1 User may choose to pay the Service fee and the price of relevant items (as applicable) in cash directly to the Service Provider, through Rabbit LINE Pay, or by other available methods. If the Service fee and/or price of relevant item (as applicable) are/is to be paid in cash, the User agrees to prepare a cash amount that is equal to or close to the amount of the Service fee.
4.2 The conditions for payment of the Service fee may vary for each of the Service and are subject to the Specific Terms and Conditions of each of the Service.
4.3 If the User refuses to pay the Service fee and/or the price of relevant items (as applicable), due under the conditions of the Specific Terms and Conditions of each of the Service, the User will be prevented from making any additional order in the LINE MAN Application until the outstanding amount is settled.
4.4 The Service Provider reserves the right to contact the User to perform necessary action in relation to the Service, including but not limited to collecting the unpaid amount incurred from using the Service.
4.5 Once the Service fee and/or the price of relevant items (as applicable), have been collected in accordance with the payment terms in the Specific Terms and Conditions for each of the Service, all payments are non-refundable and non-exchangeable, except in the case of misconduct, fraud and/or gross negligence of the Service Provider. In such case, the Company would act only as the contact point between the User and the Partner Company and/or the Service Provider, as the case may be. The Partner Company and/or the Service Provider, as the case may be, is solely responsible for any refund due to the User. The Company shall not be, jointly or separately, held liable to the User for the refund.
4.6 User is not required to pay a gratuity or a tip to the Service Provider. However, the User is entitled to do so by paying a tip, in cash, directly to the Service Provider who provides the User the Service. Tips are voluntary and are not part of the Service fee.
5.1 The Company develops, owns, and operates the LINE MAN Application which serves as only a technology platform for the User, without being involved in providing the Service itself. The Service is completely handled by the Partner Company and/or the Service Provider (as the case may be). Thus, the Partner Company and/or the Service Provider (as the case may be) are/is solely responsible for any damage, claims, and liability arisen from performing the Service.
5.2 To the maximum extent permitted by applicable law, the Company shall not be, jointly or separately, liable to the User for any losses or damages incurred in connection with or as a result of the Service. User acknowledges and agrees that the entire risks arising out of the User's use of the Service remain solely and absolutely with the User and the User shall have no recourse whatsoever to the Company, except where such losses or damages were caused by the Company's breach of these Master Terms of Service, fraud, or gross negligence on the part of the Company itself.
User is entitled to cancel the order of the Service in accordance with the Specific Terms and Conditions applicable to each Service. Cancellation fees may apply.
User agrees to defend, indemnify, and hold harmless the Company against all claims, expenses, and attorney's fees arising from: (a) any breach of the Master Terms of Service by the User; (b) any fraud, misconduct, or gross negligence by the User; (c) any misuse of the LINE MAN Application by the User; and (d) any violation of any law or regulation by the User.
8.1 User must register, hold, and maintain the security and confidentiality of your User Account. This includes, but is not limited to, keeping the User's username and password private and not sharing private information regarding the User's User Account with anyone. The Company is not responsible or liable for any direct or indirect loss or damage which has incurred or may incur from the use of the User's User Account by a third party, regardless of the User's knowledge of the use.
8.2 User Account is non-transferable to others.
8.3 The Company reserves the right to temporarily or permanently suspend and/or cancel the User Account at any time. Any violation of these Master Terms of Service, the Specific Terms and Conditions and/or the Partner Company Terms and Conditions may lead to suspending and/or cancelling the User's User Account by the Company.
9.1 The Company may create promotional codes under any campaigns that may be (i) redeemed for credits in the User Account which can be used to pay for the current or future orders up to the value of such credits or may be used to make a one-time payment of Service fee in any current or future order; or (ii) used to receive benefits from any third parties who are the Company's commercial partners. Usage of such promotional codes is subject to additional terms and conditions that the Company establishes per each promotional code/campaign. If the User uses such promotional code in LINE MAN Application, the User represents and warrants that he/she has read and agreed to such additional terms and conditions before proceeding to order the Service in the LINE MAN Application.
9.2 User agrees that the User will use promotional code for the specific intended purposes as set out in the additional terms and conditions for each relevant promotional code/campaign and in a lawful manner.
9.3 The promotional code and/or campaigns may be cancelled and/or disabled by the Company, at any time for any reason, without bearing any liability to the Company.
9.4 The promotional code and/or campaigns cannot be exchanged for cash.
9.5 The promotional code and/or campaigns may expire prior to your actual use.
9.6 The Company reserves the right to deduct credits in the User Account or any benefits obtained through the use of promotional code in the event that the Company determines or believes that the use or redemption of the promotional code was in error, fraud, illegal or in violation of the terms and conditions of each promotional code and/or campaigns.
10.1 User is solely responsible for obtaining the data and/or network access to use the LINE MAN Application. If the User accesses and uses the LINE MAN Application on his/her mobile device, he/she is also responsible for any applicable fee from his/her telecommunications service provider.
10.2 The Company does not guarantee that the LINE MAN Application will always function properly on any particular device.
10.3 LINE MAN Application may be subject to malfunctions and/or delays inherent in the use of the internet, internet speed, and traffic in electronic communications including the device used by the User or the Service Provider being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, service failures, damages or losses resulting from such problems.
The Company owns all intellectual property rights to visual interfaces, graphics, design, compilation, information, products, software, services or other elements of the LINE MAN Application, source code, and/or related software (the “Materials”). The Company only grants the User a non-exclusive, non-transferable and non-assignable license to use the LINE MAN Application, and/or related software for ordering the Service from the Partner Company and/or the Service Provider. User may not sell, license, distribute, copy, modify, publicly perform or display, communicate to the public, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Company reserves all rights not expressly granted in these Master Terms of Service.
12.1 LINE MAN places its highest priority on the privacy of its Users.
12.2. LINE MAN promises to protect the privacy and personal information of its users in accordance with the privacy policy.
12.3. LINE MAN promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
If the User has questions about the Master Terms of Service and the Specific Terms and Conditions or problem about use of the LINE MAN Application, please contact the Company at email: support@lineman.freshdesk.com.
This Master Terms of Service including Specific Terms and Conditions and the Privacy Policy may be amended from time to time. The amendments will be posted on the LINE MAN Application. User will be required to read and agree to such amendment before the User can continue to use the LINE MAN Application to order the Service. The notification of the amendment may be by means of pop-up boxes. After you click "I Agree" button, this constitutes your acceptance of the changes and consent to the amended Master Terms of Service, the Specific Terms and Conditions and/or the Privacy Policy, as the case may be.
If any part of provisions under these Master Terms of Service, the Specific Terms and Conditions and/or the Privacy Policy (as the case may be) is found to be invalid, the remainder of these Master Terms of Service, the Specific Terms and Conditions and/or the Privacy Policy (as the case may be) shall remain in full force and effect.
16.1 This Master Terms of Service shall be governed and construed by the law of Singapore.
16.2 The courts of Singapore shall have non-exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with this Master Terms of Service.