The LINE SHOP General Terms of Service (including the LINE SHOP Privacy Policy and various guidelines which are linked hereto, collectively the "Terms") are contractual terms which shall be entered into by LINE Company (Thailand) Limited, together with LINE Corporation (the "Company") and any user ("User") who uses the LINE Shop service (the "Services"). Users shall stop using the Services if they do not agree to any of the Terms. By using or continuing to use the Services, Users accept and agree to be bound by the Terms as well as any subsequent revisions and modifications hereto.
1. THE SERVICE
1.1 The Services are for the Company to provide an online transaction platform (the "Platform") on which a User may publish the information on products for sale and conduct sale and purchase transactions of the products with other Users.
1.2 All the product sale and purchase agreements in the Services shall be entered into by and between a User who sells products (the "Seller") and another User who buys the products (the "Buyer"). The Company is not a party to the product sale and purchase agreement or a sale or purchase agent.
1.3 Users are solely responsible for all matters related to the transactions made between them, including the publication of the information on products, sale and purchase of products, negotiations of the transaction terms, delivery and receipt of products, payment for products, 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 Users. It is the sole responsibility of each User to check, prior to the transaction, whether the other User who is the other party to the transaction has a legal capacity to make a transaction, including whether the other User is of the legal age. By actually making the transaction, Users are deemed to have checked the legal capacity of the other User and well acknowledged that transactions with minors, incompetent persons, unsound mind person or quasi-incompetent persons can be unenforceable. The Company is not liable for any losses and damages caused by transactions with the persons aforesaid.
1.4 Users shall resolve disputes arising from their transactions at their own expense and may not request the Company to handle the disputes for them. However, the Company may, in its discretion, intervene to resolve disputes if it deems the intervention necessary for the maintenance of normal operations of the Services.
2. NOTES ON USING THE SERVICES
2.1 Users may start to use the Services after they accept the Terms and their identity under their LINE accounts is authenticated.
2.2 Users shall register all the essential information so as to fully utilize the contents and functions of the Services.
2.3 Users shall ensure that all information that they provide is true, accurate and up-to-date. Registration to become a User in another's name is prohibited. If any information that a User provides is out of date, the User shall update the affected information promptly. If any User fails to provide or update the information in a timely manner or in the specified manner 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 without prior notice. Users shall comply with the following requirements regarding the use of accounts and passwords:
2.3.1 A User shall log in the system with his/her own account and password for the use of the Services. The provision or transfer of the account to another or authorizing another to use the account or password is prohibited.
2.3.2 A User shall maintain his/her account and password and keep them in safety. All activities that occur under a User's account and password shall be considered the activities of the User in possession of said account and password.
2.4 Subject to clauses 1.3 and 2.10 specified herein, if the Company determines that a User is under any of the following circumstances, the Company may refuse the User's registration, suspend the User's use of part of all of the Services, or take any other necessary or appropriate measures. The Company shall not be held liable for any loss or damage that a User suffers from such measures.
2.4.1 The Company cannot contact the User by using the User's registered e-mail, telephone number or address.
2.4.2 The User does not have sufficient funds or is insolvent or cannot pay.
2.4.3 The User is declared bankruptcy.
2.4.4 The User is under the age of twenty (20), unless he/she has obtained his parent's or guardian's consent to the use of the Services.
2.4.5 The record shows that the Company had suspended the User's use of the Services due to his/her breach of the Terms.
2.5 In order to confirm that a User is not under any of the circumstances prescribed under Sections 2.4.1 to 2.4.5 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 the confirmation process. The Company shall not be held liable for any loss or damage that the User may suffer therefrom.
2.6 If a User would like to upgrade the Seller’s membership on the Service, he/she may apply with the Company to upgrade the Seller’s membership pursuant to the procedures established by the Company. The Company will review the Seller’s application and may require further information which it deems necessary for such review. The Company shall have the sole discretion to determine whether or not to approve an application or which membership should be given to the applicant and shall not be obligated to disclose the review process to any applicant. The Company shall not be held liable for any loss or damage arising from an applicant’s failure to pass the review process.
2.7 The User shall bear all costs and expenses associated with the terminal device or communications infrastructures required for accessing the Services.
2.8 If a Buyer requires a product purchase receipt, it is recommended that the Buyer confirms the availability of the receipt with the Seller before the transaction. The Company, in any circumstances, will not be able to issue such receipts for Sellers or will have no responsibility for or obligation to the same..
2.9 All the information, pictures, descriptions and other related information on products, including advertisements, as published in the Services, are provided, uploaded and published by Users and are automatically posted on the Platform. The Company is unable to screen or review all of the contents in advance. Users shall judge whether the information is authentic, credible, legitimate, or updated. The Company shall not allow any information, pictures, descriptions and other related information on products including advertisements in violation of applicable laws, including laws and regulations related to computer crime and consumer protection, to be published, uploaded or posted on the Platform by Users. If such contents are likely in violation of applicable laws or the Terms or contrary to public order or good morals or may infringe upon any third party's rights or interest, the Company may directly remove the contents, prohibit the contents from being accessed, or take any other restrictive measures without advance notice.
2.10 Buyers and Sellers shall be responsible for all the negotiations and performance of their transaction agreements. The Company does not provide any express or implied promises or warranties regarding Buyers' or Sellers' willingness or ability to conduct the transactions or the quality, safety or legality of products or services transacted. Buyers and Sellers shall settle or resolve disputes arising from their transactions. The Company shall not be held liable for such disputes.
2.11 The information associated with Users' acts such as publication and removal of any product information, purchases, and other activities that occur in the Services will be transmitted to the Company's servers via Internet connection. Upon such information is received at the Company's system, relevant acts shall be deemed to take effect and bind the Users who transmit the information. If a User engages in several acts which contradict or are inconsistent with each other, the act which was transmitted to the Company's system shall prevail, and all the other acts shall be considered invalid. Users shall bear their loss or damage arising from their failure to transmit any information on their acts to the Company's system.
2.12 Users should make their own judgments when using the Services and shall be responsible for all consequences arising from the use of the Services. The Company does not guarantee accuracy, reliability, appropriateness or usefulness of the information and recommendations that Users provide. The Company shall not be held liable for any loss or damage that Users may suffer from relying on such information or recommendations.
2.13 If the Company pays additional costs or suffers any loss or damage due to a User's violation of applicable laws, infringement on any third party's rights or interest, breach of the Terms, or improper use of the Services, the User, if required by the Company, agrees to compensate the Company for such loss and damage.
3. PUBLICATION OF PRODUCT INFORMATION
3.1 Users may, in accordance with the Company's publication procedures, publish product information in the Services and before any other User proceeds to purchase relevant products, remove the publication.
3.2 Users shall provide truthful and complete descriptions of the terms and conditions for the sale of products and shall not provide any exaggerated, untruthful, misleading or deceptive information. Users should ensure that they have the right or necessary qualifications or proper licenses to sell products and that such sale is compliant with the law.
3.3 The Company may restrict the types, quantities and prices of products and any other transaction conditions. Users shall not publish the information on the following products: products which Users have no intention of selling, products that are prohibited by law to be advertised, and any other contraband defined by the Company. Please click here for the list of contraband designated by the Company, which are subject to changes or revisions from time to time at the sole discretion of the Company without any advance notice to or prior approval of Users. Please check whether products are on the list before publishing the information on products. Counterfeited goods, contraband goods designated by the Company, or any other illegal products under any applicable laws are strictly prohibited for sale on the Platform. The Company shall not be held liable for any loss or damage that the User may suffer from breach of this provision. The Seller agrees to indemnify the Company and its directors, officers, employees and representatives against and hold them harmless from any and all claims, damages, losses, liabilities, costs and expenses arising from or relating to any breach or violation of any such laws, regulations or rules.
4. USAGE FEES
The Services may be used free of charge. Users shall be responsible for the fees stated in Section 2.7. Sellers and Buyers shall determine who will be responsible for any fees incurred from the transaction.
5. PROHIBITED ACTIVITIES
5.1 The Company prohibits Users from conducting any of the following activities in the Services ("Prohibited Activities").
5.1.1 Violating the Terms.
5.1.2 Violating applicable laws, court judgments, competent authorities' decisions, orders or administrative measures.
5.1.3 Endangering public order or good morals.
5.1.4 Infringing upon the Company's or any third party's rights.
5.1.5 Registering with the Services using untruthful information.
5.1.6 Obtaining and using multiple accounts.
5.1.7 Using other Users' accounts.
5.1.8 Conducting transactions of products without any proper and required permission, recognition, registration, or filing with authorities, or without required authorization.
5.1.9 Publishing any product information or engaging in purchase activities without any intention to conduct said transactions.
5.1.10 Publishing any product information or engaging in purchases without any legal capacity to undertake a juridical act (unless with the consent of the legal representative).
5.1.11 Publishing information on any product that cannot be offered or delivered.
5.1.12 Publishing information on products based on drop shipping.
5.1.13 Publishing information on contraband.
5.1.14 Repeatedly publishing information on the same product.
5.1.15 Dividing a product and posting information on different parts of the product separately.
5.1.16 Publishing the sale of products at a price over their original retail price (so-called scalping).
5.1.17 Publishing the sale of products at a price that differs significantly from the market price.
5.1.18 Publishing modified, beautified or otherwise processed pictures of products.
5.1.19 Publishing fuzzy or unclear pictures of products.
5.1.20 Publishing inaccurate, unclear or otherwise misleading information on products.
5.1.21 Selling or purchasing pirated or counterfeit products, being fully aware of their illegitimacy.
5.1.22 Selling or purchasing contraband while being fully aware of its illegitimacy.
5.1.23 Engaging in purchases while being incapable of making payments.
5.1.24 Engaging in purchases for reselling them for profits.
5.1.25 Purchasing products from each other by lowering prices.
5.1.26 Reserving products in advance for any specific Buyer.
5.1.27 Engaging in activities for money-laundering purposes.
5.1.28 Delay in completing any transaction or hindering the performance of said transaction.
5.1.29 Proposing to conduct a transaction outside of the Services.
5.1.30 Using the trademarks, slogans or service marks of the Company or a third party in a fraudulent manner.
5.1.31 Using the Services for profit-making, commercial, promotion or advertising activities without permission from the Company (unless for the purpose of sale of product in the Services).
5.1.32 Engaging in harassment or defamation of the Company or other third parties.
5.1.33 Committing 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.
5.1.34 Spreading rumors, committing fraud or making threats.
5.1.35 Using words and performing acts that are considered violent or coercive.
5.1.36 Posting information that exhibits tendency for extreme violence or sexually explicit.
5.1.37 Posting information that discriminates against race, nationality, religion, gender, social status, family background, etc.
5.1.38 Posting information that encourages or promote suicide, self-afflicted injuries and substance abuse.
5.1.39 Posting any antisocial information, which may cause discomfort and unpleasantness to others.
5.1.40 Conducting any behaviors in the Services for the purpose of obscenity.
5.1.41 Collecting, publicizing or disclosing other Users' personal or private information (other than the activities that are required for performing a transaction)
5.1.42 Interfering with the computer servers of the Services or network system.
5.1.43 Attempting to exploit loopholes or errors of the Services.
5.1.44 Using technical means to manipulate the Services in an improper manner.
5.1.45 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.
5.1.46 Posing the same question to or seek consultation with the Company repeatedly in any improper manner.
5.1.47 Disseminating information indiscriminately or committing spamming.
5.1.48 Hindering the normal operations of the Services.
5.1.49 Importing of forged computer data, either in whole or in part, or false computer data, in a manner that is likely to cause damage to that third party or the public;
5.1.50 Importing of false computer data in a manner that is likely to damage the country’s security or cause a public panic;
5.1.51 Importing of any computer data related with an offence against the Kingdom’s security under the Criminal Code;
5.1.52 Importing of any computer data of a pornographic nature that is publicly accessible;
5.1.53 Disseminating or forwarding of computer data already known to be computer data under items 5.1.49 -5.1.52;
5.1.54 Posting of any advertisement containing a statement which is unfair to consumers or which may cause adverse effect to the society as a whole, including:
(1) False or exaggerated statement
(2) Statement which will cause misunderstanding in the essential elements concerning goods or services, notwithstanding it is based on or refers to any technical report, statistics or anything which is false or exaggerated.
(3) Statement which is directly or indirectly encouraging the commission of an unlawful or immoral act, or which adversely affects the national culture.
(4) Statement which will cause disunity or adversely affects the unity among the public
5.1.55 Exhibiting other types of behavior deemed inappropriate by the Company.
5.2 If the Company determines, in a reasonable manner, that a User has committed any of the above Prohibited Activities, the Company may carry out the following measures directly without prior notification. The Company shall not be held liable for any loss or damage arising from such measures.
5.2.1 Warning the User.
5.2.2 Deleting or removing all relevant information and contents, or adopting measures that render such information inaccessible.
5.2.3 Cancelling the postings and purchases
5.2.4 Disallowing the offending User to access part or all of the Services or cancelling the registration of the User, making an announcement to this effect in the Services.
5.2.5 In the event that there is a violation of applicable law, the Company may take the initiative to provide the offending User's information and relevant transaction details to the authorities, or may provide cooperation to the authorities in their investigation of the matter.
5.2.6 Other measures deemed necessary and appropriate by the Company.
6. LICENSING
6.1 The Company grants the User a personal, royalty-free, non-assignable, non transferable and non-exclusive license to use the Services.
6.2 By uploading and/or publishing product images, product description, nicknames, self introductions, icons and other information, and descriptions and contents of products, Users agree to grant the Company or its designated third parties (including, but not limited to, payment service providers or collection/payment transfer service providers) the rights, free-of-charge for an indefinite period of time and without geographic restrictions, to (1) use, store or post such information for the purpose of allowing particular persons or the public to search and browse for said information, and (2) reproduce, distribute, modify, display, publicly broadcast and publicly transmit such information via printed copies and/or electronic forms; and (3) sublicense such rights to any third parties. Users shall warrant that they have the rights to uploading, transmitting, entering or providing the information and/or data regarding the products that they will sell onto the Services.
7. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
In order to protect intellectual property rights, if any User or any person finds that the products or relevant information (such as product images) published by any other User in the Services may infringe any third party's intellectual property rights, such User or person may file a complaint with or notify the Company of the suspected infringement via the contact information provided on the Platform. If a User is involved in three times or more of any infringement when using the Services, the Company may prohibit the User from using part or all of the Services at the sole discretion of the Company and without advance notice.
The User understands and agrees that the services provided by the Company are free of charge. Therefore, the Company shall not be held liable for any damages suffered by the User in relation to the intellectual property right infringement aforesaid.
8. PERSONAL INFORMATION PROTECTION
The Company will manage Users' personal information and confidential information that the Company collects in the Services in a proper manner and in accordance with the Terms and the Privacy Policy.
9. NO WARRANTIES AND LIMITATION OF LIABILITY
9.1 The Services is provided "AS IS". Regardless of whether it is in an express or implied manner, the Company makes no guarantee that the Services is free of defects (including issues related to security, reliability, accuracy, completeness, compliance with user requirements or expectations, timeliness, error-free quality or vulnerabilities of computer programs).
9.2 To the extent permitted by law, the Company shall not be liable for any loss or damage arising from Users' use of the Services unless otherwise provided for in the Terms.
10. SUSPENSION, CHANGE AND TERMINATION OF SERVICE
10.1 After notifying Users in an appropriate manner (unless there is an emergency, in which case prior notice may be exempt), the Company may suspend part or all of the Services for the service system maintenance, replacement, upgrading, troubleshooting or when the Company deems necessary.
10.2 The Company may at its discretion at any time change or terminate part or all of the Services.
10.3 The Company shall not be held liable for any loss or damage arising from the suspension, change or termination of the Services.
11. INDEMNITY
The User agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including attorneys' fees and/or other expenses, brought or made by any third party due to or arising out of any activities conducted by the User through the Services.
12. CONTACT
12.1 If the Company deems necessary to notify or contact Users, the Company may make announcements in the Services or contact Users via e-mail, telephone, postal mail or any other appropriate methods. Users agrees that the Company may use their registered e-mail addresses, telephone numbers, addresses and other information for notification and contacting purposes.
12.2 Users may use the contact information indicated on the Platform to contact or seek consultation from the Company.
13. CHANGES TO THE TERMS
The Company may modify the Terms at any time when it deems necessary, including modifying relevant regulations, policies and service descriptions that have been or will be announced. Unless otherwise stipulated, the modified provisions shall take effect from the time of the announcement. By continuing to use the Services after the modification, the User accepts and agrees to be bound by the modified terms in their entirety. If the User does not agree with any modified terms, the Company may terminate the User's use of the Services and shall not be held liable for any loss or damage that the User may suffer from the termination.
14. SEVERABILITY
If any part of the Terms is found or held to be void or voidable or unenforceable for violation of or conflict with any laws or regulations, the validity and enforceability of the remainder of the Terms shall not be affected. Users agree that the Company may amend the void or voidable part of the Terms; provided, that the amendment shall reflect the intent expressed by the Terms to the extent permitted by law.
15. GOVERNING LAW AND JURISDICTION
The Thai language version of the Terms shall prevail. The Terms shall be governed by the law of Thailand. In the event that any dispute between the User and the Company arises from or in connection with the Services, the Terms or other relevant regulations stated herein, the parties agree that the Thai Court shall be the court of first instance, to the extent permitted by law.