Terms of Service for Seller
We, the applicant, (hereinafter referred to as the “Seller”) are desirous of using a payment service system to receive payments for products and services through the website and/or an application on communication devices provided by LINE Company (Thailand) Limited (hereinafter referred to as the “Service Provider”) under cooperation with a licensee of the license to operate regulated payment service business from relevant authorities (hereinafter referred to as the “Licensee”), and/or through other service channels to be extended in the future from purchasers of goods or services (hereinafter referred to as the “Purchaser”) via various payment instruments in lieu of cash payment. The Seller, therefore, agrees to comply with this Terms of Service for Seller, which consists of general provisions and particular agreements (hereinafter, unless specifically mentioned otherwise, collectively referred to as the “Terms of Service”).
This payment service system is intended to be used in connection with the Seller’s MyShop tools, which is provided by LY Corporation as the Service Provider, and distributed by LINE Company (Thailand) Limited, whereby the Seller must continue to strictly comply with LINE MyShop Terms and Conditions of Service for Sellers during the use of the payment service system. In case of any discrepancies between the Agreement and LINE MyShop Terms and Conditions of Service for Sellers, the provisions under the Agreement shall prevail; provided that, in case of the absence of any terms herein, LINE MyShop Terms and Conditions of Service for Sellers shall apply.
Please find more details on MyShop Terms and Conditions of Service for Sellers.
1. General Conditions of Use
1.1. The Seller agrees to receive payments for products and services through the website and/or an application on communication devices of MyShop and/or other channels to be provided by the Service Provider in the future (hereinafter referred to as the “Payment Service System”) via various payment instruments in lieu of cash payment (hereinafter, unless specifically mentioned otherwise, collectively referred to as the “Payment Instrument”) as follows:
1.1.1. credit/debit cards and e-Wallet of the Rabbit LINE Pay service;
1.1.2. bank transfer via mobile banking; or
1.1.3. any other Payment Instrument as may be made available by the Service Provider in the future.
1.2. In using personal code, PIN password, One-Time Password (OTP), User Name, or any other tools used by the Seller or the Seller’s staff account as a log-in tool to access the service of MyShop website and/or application on communication devices (hereinafter, unless specifically mentioned otherwise, collectively referred to as the “Wire Transfer Tool”) to use the services under this Agreement, including (but not limited to) the wire transfers to or from an account, it shall be in compliance with the following requirements:
1.2.1. In using the service through various channels under this Agreement, if the Service Provider has determined that the service must be used through the Wire Transfer Tool, the Seller must designate the Wire Transfer Tool in accordance with the conditions, procedures, and details as required by the Service Provider for the use of service via such channel;
1.2.2. The Seller shall safely store the Wire Transfer Tool in its strict confidence, and supervise users of the service through the Seller’s staff account to strictly comply with this Agreement. Disclosure of the Wire Transfer Tool is considered a breach of this Agreement. The Seller shall be held responsible for any damage incurred from any disclosure or actions of the Seller and/or users of the service through the Seller’s staff account causing others to know of or receive the Wire Transfer Tool, or the loss of the Wire Transfer Tool; and
1.2.3. The Seller agrees that any actions, including (but not limited to) the application and the use of the service, the acceptance/ amendment/ change/addition of these conditions/services/fees/Agreement, authentication /verification, approval of various transactions, either by the Seller, or users of the service through the Seller’s staff account, or other persons, which have been made via the use of the Wire Transfer Tool, shall be deemed completed and valid and binding upon the Seller as if it had been performed by the Seller itself. Furthermore, it shall be deemed that the Seller has signed an irrevocable or unchangeable electronic signature to the Service Provider as evidence of the completed and valid transaction made through such service since the confirmation of the transaction is made. In this regard, the Seller agrees to accept and acknowledge the risks associated with the use of service via electronic channels, considering that the Seller can transact without the need of having any other documents or evidence to further attest to and/or giving to the Service Provider unless the Service Provider specifies otherwise, and the Seller must examine the balance after every transaction.
1.3. The Seller shall accept payments for goods/services from the Purchaser who makes payment with all kinds of Payment Instruments on the channels applied for the service, whereby the Seller shall not be entitled to refuse them even though such Payment Instrument is subject to different rate of fee, unless it has been informed otherwise by the Service Provider.
1.4. The Seller agrees and accepts that the Service Provider is not a payment service provider to the Seller. The Service Provider is merely a facilitator offering the Payment Service System to connect with the Seller's MyShop tool. The Service Provider agrees and allows the Licensee or other licensed payment service operators to be a service provider offering the Payment Service System to the Seller under this Agreement. The Service Provider reserves the right to choose the Payment Service System from operators in the payment service business as it deems appropriate.
1.5. The Seller agrees to clearly provide to the Purchaser the information for contacting the customer service department, namely telephone number and electronic mail (E-mail), the country in which the Seller is located, details of the products/services offered for sale, currency, terms of purchase, shipping policy, cancellation and return of the product/service policy, product/service warranty, and other information required by laws. For any amendment/change/cancellation of conditions and/or details of products/services, public relations, and/or sales promotion, the Seller shall proceed in accordance with the conditions specified herein. However, if the Purchaser completes the payment for goods/services before the amendment/change/cancellation is fully effective, the Seller shall be responsible for the delivery of products to the Purchaser and/or providing services to the Purchaser according to the original conditions and details.
1.6. The Seller agrees that the Service Provider and/or the card issuer and/or credit card companies and/or fund transfer service provider and/or Payment Instrument operator shall be entitled to verify the amount/credit line of the Purchaser and process the payment as they deem appropriate. In this regard, the Service Provider will notify the Seller of the approval result after it has been received.
1.7. The Seller shall accept payment for goods/services in accordance with the type of business and the details specified in the service application process with the Service Provider only. The Seller is prohibited from accepting payment for goods/services other than or different from the agreement made with the Service Provider.
1.8. In case the Seller selected inaccurate type of business or specified any information during the service application process which is different from its actual type and/or details of the business, products, and/or services, the Seller agrees and allows the Service Provider to amend the type of business and/or relevant details to match its current type and/or details of the business, products, and/or services.
1.9. In the event that the Seller informs a change to its bank account linked to the service under this Agreement at any time and for any reason, the provision of this Agreement shall be binding upon those accounts so changed in all respects.
1.10. In order to comply with the rules of the Anti-Money Laundering Office (AMLO), the Seller hereby certifies that the Seller has applied for the service under this Agreement for the purpose of conducting online commerce on MyShop website and/or application on communication devices, and it does not encourage products and/or provide services that relate or may be related to the commission of a predicate offense or the commission of an offense of money laundering or the financing of terrorism and proliferation of weapons of mass destruction under the laws on Anti-Money Laundering, the laws on Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing, and related regulations. The Seller further warrants that the information and evidence presented to the Service Provider by it, including (but not limited to) the personal data of its owner or of its authorized representative, information on products or services, establishment, and contact address are true and verifiable information and evidence; and its source of income is from selling goods/services online in Thailand via MyShop website and/or application on communication devices, whereby the person who identifies himself or herself as the Seller’s owner and/or its designated person shall be the actual beneficiary from the use of the service hereunder. In this regard, in the event that the Service Provider or a legally competent authority requests additional information or documents, the Seller agrees to provide such additional information or documents upon request. For such instance, the Service Provider reserves the right to disclose the Seller's information to such government authority upon request without prior notice.
1.11. The Service Provider is desirous of informing that it can access the Seller’s sales data at any time without prior notice in order to review the movement of transactions and the Seller’s monthly sales and for the purpose of risk management according to the rules of the Anti-Money Laundering Office (AMLO), whereby the Service Provider will determine the average revenue per each Seller at the amount of THB 20,000-50,000 (approximately) per month or at any other amount as the Service Provider deems appropriate.
1.12. The Seller undertakes that it will be responsible for the actions of the person whom the Seller gives consent and grants access to the Seller's MyShop account and/or takes any action which grants such individual access to the Seller's MyShop account; and undertakes that such individual who conducts any action by using its account or manages products on its behalf and/or the person authorized to act on its behalf is fully authorized and entitled to proceed as such. Any action taken by such person shall be deemed as a performance by the Seller’s authorized person and shall be deemed as if the Seller has performed by itself in all respects.
1.13. The Seller shall be responsible for ensuring that all documents, information, and any details appearing and/or provided to the Service Provider, whether to be made in any form and to be provided by the Seller itself or by its designated person, are completed, true and correct, and current information of the Seller, and may be used by the Service Provider for the provision of service hereunder and can be updated on the Service Provider's system. The Seller is legally entitled and able to apply for the service and to enter into any transactions related to the use of the service hereunder. The Service Provider is not obliged to verify the completeness, accuracy, correctness, and up-to-datedness of such documents, information, and details. The Seller agrees to be held solely responsible in case of any damage due to incomplete, inaccurate, incorrect, or outdated documents, or in case that the Seller, including but not limited to a person who is entitled to act on its behalf, is not entitled and able to, or has taken any action that affects the validity of legal juristic acts during the service application or any transaction in relation to the use of service hereunder.
1.14. Unless otherwise specified by the Service Provider, in the event that the Seller finds any error from the operation or in the event that there is a reason to temporarily suspend operation hereunder, whether in whole or in part, or in the case of revocation of such operation suspension, the Seller can contact the Service Provider via lineshoppingseller@linecorp.com. When the Seller has completely performed all actions according to the process specified by the Service Provider, the Service Provider agrees to take relevant actions, such as examining/rectifying an error, suspending the operation, revoking the operation suspension until completion within the period as notified the Seller by the Service Provider, whereby the Seller shall still be responsible for the actions and transactions made before the completion of the suspension period as notified by the Service Provider. In this regard, the Service Provider reserves the right to disregard and/or reject any request in violation of the laws and/or related regulations.
1.15. In case of any error from a wire transfer and/or an instruction made to the bank to deduct a sum or take any operation toward the account linked to the service hereunder, which is not caused by the Service Provider, the Seller agrees to investigate and claim such amount from the relevant bank or refund directly to its disputed party. In case of any defense and/or claim, the Seller shall raise it against the disputed party directly on its own performance.
1.16. The Service Provider will credit a sum into the account linked to the service hereunder for the Seller in compliance with the rules, procedures, and period specified by the Service Provider. If the Service Provider is unable to charge the Purchaser and/or the card issuer, the Seller agrees to refund the Service Provider the amount that the Service Provider was not able to collect.
1.17. In case of force majeure or any other cause that prevents the Service Provider from providing service hereunder, the Seller agrees that the Service Provider is entitled to provide service or take action as it deems appropriate in order to ensure service provision hereunder. In this regard, the Seller agrees to fully cooperate with the Service Provider in all respects to improve the Service Provider's service methods for the convenience of using all services hereunder.
1.18. In the event that the Service Provider accepts payment for goods/services with other Payment Instruments, regardless of the name, after the execution hereof and/or the Service Provider amends the terms and conditions for the provision of service hereunder and/or the terms and conditions relating to the provision of service and/or terms and conditions of the project and/or terms and conditions relating to the acceptance of payment for goods/services with all Payment Instruments and/or payment channels and/or manuals (if any), the Service Provider will notify the Seller of the amended terms and conditions and manual (if any). If the Seller has used the service and/or has accepted the operation of the project and/or accepted payment for goods/services with the Payment Instrument and/or used such payment methods according to the criteria set forth by the Service Provider, the Seller agrees that this Agreement and any further amendments or changes to be made in the future, including the terms and conditions of service, shall be enforceable to such service in all respects, and the Seller is not obliged to enter into a further written agreement with the Service Provider. In case of a loss of benefits by the Seller resulting from such amendment, the Service Provider or the Licensee shall notify the Seller in advance by means required by relevant laws at least (thirty) 30 days prior to its effective date or any other period as required by relevant laws.
1.19. All written communication, letters, notices, terms and conditions, and any information that (a) the Service Provider has sent to the Seller via MyShop, or (b) in the event that the Service Provider is unable to deliver via MyShop, the Service Provider has sent to the Seller by hand or by registered or unregistered mail to the address specified on the MyShop website and/or application on communication devices and/or other channels designated by the Service Provider, or by a short message service (SMS) to the mobile phone number as specified on the MyShop website and/or application on communication devices and/or other channels designated by the Service Provider (hereinafter, unless specifically mentioned otherwise, collectively referred to as the “Information Receiving Channel”) shall be considered duly delivered to the Seller regardless of whether there is a recipient or not. Moreover, even if those fail to be delivered because the Information Receiving Channel has been relocated, changed, or demolished whereby the Seller fails to notify such relocation, change, or demolition, or the delivery could not be made as the Receiving Channel could not be found, it shall be deemed that the Seller has duly received and acknowledged such written communication, letters, notices, or information. In any case, the Seller shall immediately notify the Service Provider in writing in case of relocation, change, or demolition of the Receiving Channel.
1.20. This Agreement shall be governed by and construed in accordance with the laws of Thailand, and any disputes arising hereunder shall be subject to the jurisdiction of the Court of Thailand.
1.21. In case the Seller is incorporated as a juristic person, this Agreement shall also be considered as part of the Seller's application for accepting payment service on MyShop.
2. Prohibited and Restricted Items
2.1 The Seller agrees not to conduct business, sell and/or do any act that supports illegal products/services, which are contrary to the public good morals, government regulations or the terms of the Service Provider, card issuer, credit card company, payment instrument operator or the Licensee in any manner, or may affect the image of the Service Provider.
2.2 The Seller agrees not to take any action to avoid compliance with relevant laws and regulations, including (but not limited to) laws governing payment systems, laws on anti-money laundering, laws on counter-terrorism and proliferation of weapon of mass destruction financing, such as an acceptance of payments without actual trading and/or service provision, any operation for the purpose of money laundering or split payments so that the amount of goods/services purchased does not exceed the amount specified by the Service Provider which is contrary to the Service Provider’s risk management.
2.3 The Service Provider may consider taking action as it deems appropriate, including the following actions whether wholly or partially, in case of a breach hereof, including this prohibited and restricted items policy:
• suspending and/or terminating accounts;
• limiting access to account privileges; or
• taking legal action.
3. Order and payment
3.1. The Seller can accept payment for goods/services from the Purchaser in Thai Baht currency with the Payment Instrument through credit/debit card and e-Wallets of the Rabbit LINE Pay service or any other instruments to be added or revised by the Service Provider in the future.
3.2. The Purchaser may change his/her preferred payment method only if it is made prior to the payment.
4. Conditions for Settlement
4.1. The methods and details for the wire transfers of the total amount of payments received for the goods/services into the account linked to the service hereunder are specified in Clause 4.5 (Settlement details).
4.2. Upon the completion of payment for goods/services by the Purchaser, the Service Provider will deposit such sum into the account linked to the service hereunder in compliance with the conditions specified in Clause 4.5 (Settlement details).
4.3. In the event that the sum received from the payment of goods/services has been deposited into the account linked to the service hereunder in compliance with the conditions specified in Clause 4.5 (Settlement details), if the Seller wishes to refund the Purchaser for any reason, it must process the refund directly to the Purchaser.
4.4. Upon the Seller’s receipt of payment for goods/services from the Purchaser, it shall not make any payment to the Purchaser in any form, such as cash, wire transfer, etc., unless it is a cancellation of the payment for goods/services (hereinafter referred to as the “Refund”) according to the conditions set forth herein only, and must not receive payment in lieu of other debt repayments which are not incurred from the purchase of goods/services from the Seller.
4.5. Settlement details:
(1) For the Seller to receive payment for goods/services, the Seller must update the delivery status to “Mark as Shipped”, and the minimum amount (after deducting service fees) to be transferred to the Seller must be an accumulated amount of THB 100. The Service Provider will calculate the amount generated by the purchase orders that meet the conditions before 00.00 a.m. Consequently, the Seller will receive the sum in the next payment cycle between 2.00 p.m. - 9.00 p.m. (where the Service Provider will collect all occurred transactions, and will count from the order that the Seller completes to change the status of the product to ‘Mark as Shipped’ only) depending on the bank to which the Seller has chosen to link its account for the receipt of transfer, and details of which will be specified by the Service Provider. In this respect, the Seller can check the detail at the payment method settings page in the MyShop system, and the Service Provider will notify the Seller in advance if there is any change in the rules for transferring payments to the Seller through the platform in the future.
Remark: The Service Provider will credit a sum into the account linked to the service hereunder for the Seller after deducting fees, including Value Added Tax (VAT) and withholding tax (if any), whereby the Seller is not entitled to any benefits and/or returns from the payment for goods/services that have not been transferred to the account linked to the service hereunder.
(2) In the event that the Seller does not change the delivery status to “Mark as Shipped” in any order incurred for a period of more than 6 (six) months, the Service Provider may, at its sole discretion,
require the Licensee to transfer (either in whole or in part) the accumulated proceeds to the Seller. Nevertheless, if the Licensee is unable to transfer the payment to the Seller because the
Seller’s bank account has a problem or the Seller has cancelled the bank account, the Service Provider may contact the Seller to provide the Seller’s new bank account details or proceed to deposit
the money at the Legal Execution Department
(3) Should there be an error in the execution of any transaction, the Seller authorizes the Service Provider to amend the transaction by deducting proceeds from the bank account as specified by the Seller to correct such error. Any amendment shall be in accordance with applicable laws and regulations. If the Service Provider is unable to debit the proceeds from the Seller’s bank account for whatever reasons, the Seller allows the Service Provider to deduct the proceeds and any fees from the declared bank account or any other collaterals provided to the Service Provider, or to deduct any proceeds and any fees from the revenue to be received in the future. In such case, the Seller allows the Service Provider to deduct the proceeds for:
(1) correcting mistakes in conducting any transactions;
(2) reconciliating any transaction disputes, including the compensation that the Service Provider shall pay the Service Provider;
(3) likely committing any fraudulent act or any suspicious act (when there is reasonable evidence to believe);
(4) uncollected fees or other fees and expenses that are overdue or in the case where the Service Provider is unable to collect such fees or expenses from other channels; or
(5) any other cases that the Service Provider deems appropriate.
5. Conditions for Refund
5.1. If the Seller wishes to refund the payment to the Purchaser who made a transaction for the purchase of goods/services, the Seller can proceed only if it has not updated the delivery status to “Mark as Shipped”. If the Seller has changed the delivery status to “Mark as Shipped”, the Seller will not be able to refund the Purchaser through the system, provided that the period for processing the order cancellation to refund the Purchaser through the system shall be in accordance with the period specified by the Service Provider.
5.2. In the event that the Seller has yet to update the delivery status to “Mark as Shipped”, the Seller shall not be subject to a fee. However, if there is a reason for the Seller to refund the Purchaser after the delivery status is set to “Mark as shipped”, the Seller must process the refund directly to the Purchaser and the Seller will have to pay the fee to the Service Provider as usual. In this respect, the Seller can read more details and conditions of the Return and Refund Policy as stated by LY Corporation. The Service Provider will notify the Seller in advance if there is any change in the terms and conditions of the refund through the platform.
6. Service Fees/Service Charges/Expenses/Taxes and Duties
6.1. The Seller applying for the payment service through the Payment Service System agrees to make payment to the Service Provider in consideration for the use of service, regardless of its name as the service fees/service charges or any other terms, including but not limited to fees for credit/debit card transaction, the Rabbit LINE Pay’s e-Wallet service, bank transfer via mobile banking, and transactions made through other Payment Instruments as may be provided by the Service Provider in the future (hereinafter collectively referred to as the “Transaction Fees via the Payment Service System”), inclusive of taxes and duties and any expenses related to the use thereof (if any) (excluding Value Added Tax (VAT) which the Service Provider is legally entitled to collect). The Service Provider will collect the Transaction Fees via the Payment Service System, including such taxes, duties, and expenses, as well as Value Added Tax (VAT), by deducting from the Purchaser's purchase amount payable by the Service Provider to the Seller. The Seller agrees to take sole responsibility for the Transaction Fees via the Payment Service System, including any taxes, duties, and expenses therefrom.
6.2. If the Service Provider is required to advance the Transaction Fees via the Payment Service System, including taxes, duties, and expenses in accordance with Clause 6.1 above on behalf of the Seller or if the Seller is subject to a fine for payment processing device payable to the Service Provider, the Seller agrees to immediately repay the Service Provider in full.
6.3. The Transaction Fees via the Payment Service shall be charged to the Seller when the Purchaser buys goods/services using the Payment Service via MyShop or LINE SHOPPING platform where the Service Provider will charge the Transaction Fees only for successful orders (no purchase order cancellation) and the delivery status is complete (delivered). In this manner, the Transaction Fees through the Payment Service shall be calculated as a percentage of the amount payable by the Purchaser before deducting LINE POINTS. The Service Provider reserves the right to change the rate, including the conditions of fees calculation, from time to time in the future as deemed appropriate. In this regard, the Service Provider will notify the Seller in advance every time according to the methods prescribed by relevant laws. If such change in fees contributes to a loss of benefit by the Seller, the Service Provider or the Licensee shall notify the Seller at least (thirty) 30 days prior to the effective of the change or at any other period as required by relevant laws. Please note that the Seller shall be responsible for reviewing the notices and the Fees Policy. If the Seller continues to use the Service after such changes takes full force and effect, it will be deemed that the Seller has agreed to such changes. Nevertheless, if the Seller does not agree to any such changes, the Seller can contact the Service Provider to suspend the usage of the Service immediately.
6.4. The Service Provider may include Value Added Tax (VAT) and other applicable taxes to the collection of the Transaction Fees via the Payment Service System so charged, whereby the Seller shall be solely held responsible for all applicable taxes unless otherwise agreed with the Service Provider.
6.5. The Seller acknowledges and agrees that the Service Provider may deduct the Transaction Fees via the Payment Service System, any taxes, duties, and expenses associated with the use of the service (if any), including Value Added Tax (VAT), from the purchase amount paid by the Purchaser, whereby the Service Provider will then issue a full receipt or full-versioned tax invoice for service fees and taxes paid by the Seller.
6.6. In case of an appointment of the Service Provider as a withholding tax agent as per Clause 7, if the Seller is required to withhold income tax for the service fees charged by the Service Provider to the Seller under laws, the Seller agrees to deduct the withholding tax from the payment of such service fees and submit it to the Revenue Department (on behalf of the Service Provider) within the period required by laws. For such instance, the Seller must issue and deliver a withholding tax certificate and evidence of tax remittance to the Revenue Department to the Service Provider within a reasonable time in order for the Service Provider to utilize such income tax so withheld and remitted as the Service Provider's tax credit.
6.7. Any service fees incurred, including Value Added Tax (VAT) (or other applicable taxes), shall have 2 decimal places by which the 3rd decimal will be rounded up if the amount is greater than or equal to 0.0050 and down if the amount is less than 0.0050. The Seller thus agrees to pay the service fees as charged.
7. Appointment of the Service Provider as a Withholding Tax Agent
7.1. If the Seller is incorporated as a juristic person and wishes to apply for the Payment System Service, the Seller agrees to appoint and authorize the Service Provider as a withholding tax agent to issue a withholding tax certificate and remit the withholding tax to the Revenue Department on behalf of the Seller for the service fees charged to the Seller by the Service Provider, starting from the first transaction of payment in accordance with the Seller’s duties as stipulated in the Revenue Code and other relevant laws. The Service Provider will provide additional information on the tax invoice/receipt with a statement that the Service Provider has deducted the withholding tax on behalf of the Seller and will remit such tax to the Revenue Department within the period specified by laws as an assurance that the Service Provider has made a deduction of the withholding tax on behalf of the Seller.
7.2. In this regard, the Service Provider agrees to appoint an agent to carry out withholding tax payment execution under the terms and conditions of this Agreement, and the Service Provider agrees to withhold the withholding tax payment, issue a withholding tax certificate, and remit the withholding tax to the Revenue Department relating to the service fees charged by the Service Provider to the Seller on behalf of the Seller pursuant to Clause 7.1, unless otherwise agreed upon between the Seller and the Service Provider.
7.3. In the event that the Seller requests to terminate the Seller’s status with the Service Provider or the Service Provider requests to cancel the service to the Seller, any termination request made by either party or in any case whatsoever, it shall be deemed that the Seller’s consent to appoint the Service Provider to withhold the withholding tax on its behalf is so revoked.
8. Suspension/Cancellation of Service/Effects of Service Termination
8.1. The Seller agrees to grant the Service Provider the right to suspend and/or cancel the provision of service hereunder, whether in whole or in part or only applicable to any particular Seller at any time, whereby the Service Provider will notify the Seller in advance except in the following cases where the Seller agrees that the Service Provider shall have the discretion to consider and immediately suspend and/or cancel the provision of service hereunder, whether in whole or in part, as the Service Provider deems appropriate without prior notice, whereby the Service Provider shall not be liable for any damages arising from the performance under this clause (if any):
8.1.1. Any information, details, representations or warranties provided by the Seller is untrue, incorrect, or may cause misunderstandings in the material matter and/or not in compliance with the requirements, policies, and relevant laws;
8.1.2. In the event that the Seller has received unusual payment for
the goods/services;
8.1.3. If there is any fact which convinces the Service Provider that the information and/or details provided by the Seller to the Service Provider to take action or the payment service for goods/services may cause an adverse effect to or may affect the rights of the Service Provider or other persons, or there is a risk that the Seller may have unlawful objectives or in contrary to the public order or good morals or may cause the Service Provider to violate the laws and/or regulations;
8.1.4. The Seller is in breach of any clause of this Agreement, including a failure to make a payment of service fees/service charges/expenses/fines/taxes and duties (if any) incurred;
8.1.5. There is an event that has occurred or may occur to the Seller causing the Service Provider to foresee that it will affect the Seller's business operations or the Seller's ability to repay its debts, such as having negative shareholders' equity, the Seller is in default of its repayment to the Service Provider, the Seller is subject to a civil action or bankruptcy case, a business rehabilitation action is filed to the court under the bankruptcy law, being subject to a criminal case prosecution, being a person whose the government or a government agency has the order to seize/attach property, is deceased (for an individual), or the Seller’s business is dissolved, its registration has been revoked, and its business operation has been suspended or liquidated;
8.1.6. The Service Provider is not able to send an instruction to the bank to debit funds to refund and/or reimburse and/or repay the Service Provider and/or to allow the Service Provider to provide service hereunder; or
8.1.7. The Seller receives a large number of complaints from the Purchasers who have been greatly affected in a high amount and/or unable to contact the Seller to successfully deliver the product.
The above exception shall not apply in the event of a temporary suspension of the Payment System Service or in the event of a problem or failure to provide the service or in case of business dissolution. For these cases, the Service Provider or the Licensee will notify the Seller in advance according to the period and method specified by the relevant laws.
8.2. In the event that this Agreement is terminated for any reason, it shall not relive any obligations for which the Seller has not fully performed under this Agreement until its performance is completed.
9. Change of Ownership or Change of Business Type Between Individuals and Juristic Persons
The Seller shall contact the Service Provider via a primary communication channel along with evidence for verifying the identity and expressing intent to change ownership or change the type of business between individuals and juristic persons. The original Seller’s owner must agree to allow the new seller’s owner to take over the business, whereas the new seller’s owner must agree to accept the transfer of business. All responsibilities arising before and after the change shall be transferred to the new Seller’ owner or as agreed upon by both the sellers’ owners in writing and notified to the Service Provider.
10. Fraudulent or Suspicious Act
10.1. The Seller acknowledges and agrees that in case the Service Provider finds or has reasonable grounds to suspect that there has been an unusual or incorrect transaction for payment of goods/services and is in the process of crediting into the account linked to the service hereunder, the Service Provider is entitled to delay the crediting thereinto, whether in whole or in part. If the Service Provider has credited into the account linked to the Service hereunder, the Seller agrees that the Service Provider is entitled to send an instruction to the bank to hold payment of such amount temporarily until the Service Provider has completed the verification of such unusual or incorrect transactions. If the result of the verification reveals that the Seller has unusual or incorrect transactions for payment of goods/services, the Seller agrees and allows the Service Provider to send an instruction to the bank to recall such amount immediately.
10.2. If the Service Provider finds that the Seller or the Seller’s owner, including the Seller's related persons, frequently uses their credit card for an unusually large number of purchases/services in the Seller’s store or has unusually high sales volumes and/or the transactions are not attributed from the actual purchases of goods/services from the Seller, with the expectation of other benefits, the Service Provider is entitled to cancel the Seller’s store membership immediately. In case of any damage sustained by the Service Provider from the transaction using the credit card as aforementioned for any reason whatsoever, the Seller agrees to indemnify all damages incurred to the Service Provider in all amounts. However, this shall not prejudice the Service Provider’s right to take legal action against the Seller until its final stage.
10.3. In case of incorrect credit card transaction, which is pending collection by the Service Provider, the Service Provider is entitled to suspend access to the Seller's account. In the event that the Service Provider has already remitted to the Seller’s account, the Seller agrees and allows the Service Provider to send an instruction to the bank to debit such sum from the account linked to the service hereunder and immediately refund the Purchaser or card issuer without prior notice.
11. Protection of Personal Data
11.1. The Service Provider places the highest priority on the Seller’s privacy.
11.2. The Seller acknowledges that the Service Provider may collect, use and/or disclose the Seller information provided to the Service Provider or through the Service Provider or retained with the Service Provider or that the Service Provider has lawfully obtained or accessed from other sources for the purposes stated in the Service Provider’s Privacy Policy (https://terms.line.me/line_genlctpp) including the purpose of providing service to the Seller; to process the Seller's request prior to providing service; for communication; for follow-up including transfer of rights and/or duties; for legal compliance; for risk management; for control and supervision; for management within the organization; for handling complaints; and/or for any other purposes necessary for the provision of the service. In some cases, the Service Provider may assign a third party to act on behalf of the Service Provider to support the provision of the above service, including works in relation to information technology. Details and rights of data subjects are in accordance with the Service Provider’s Privacy Policy (https://terms.line.me/line_genlctpp).
11.3. In order to achieve the objectives of this Agreement, the Seller agrees and allows the Service Provider to send debit instructions to the financial institution where the Seller has opened the account as required by laws (hereinafter referred to as the “Owner Bank”) to debit funds from the account linked to the service hereunder without notifying the Seller, to enable the Service Provider to enter into transactions and/or to carry out the procedure set forth in this Agreement, whereby the Seller shall not cancel or revoke this consent until the Seller’s obligations hereunder are performed.
11.4. The Service Provider will appropriately protect the privacy and personal data of the Seller in accordance with the Service Provider's Privacy Policy. (https://terms.line.me/line_genlctpp)
11.5. The Seller acknowledges that the Service Provider will transfer the Seller's information, including the Seller's bank details or any other relevant information, to Kasikornbank Public Company Limited (the "Bank") to transfer payment for the sale of goods and services of the Seller or any other money (if any) in relation to the use of this service to the Seller. The Seller’s information above, including details and rights of the Seller as the owner of personal data, will be handled under the Bank's Personal Data Protection Policy (https://www.kasikornbank.com/en/privacy-policy/pages/privacy-policy.aspx).
11.6. The Service Provider agrees to exercise utmost caution and attention to its security measures to ensure that any information collected from the Seller is handled appropriately and securely in accordance with the standards required by applicable laws and regulations.
11.7. The Seller agrees and acknowledges that in relation to the Service Provider's services hereunder, the Service Provider and the Seller shall be subject to laws, rules, regulations, orders, manuals, requests for cooperation, and any criteria of the Service Provider, card issuer, credit card company, wire transfer service provider, payment instrument provider, and supervisory and regulatory authorities regulating the said Service Provider, card issuer, credit card company, wire transfer service provider, and payment instrument provider, Court and other competent authorities (as the case may be), both existing and/or will be designated in the future (hereinafter, unless specifically mentioned otherwise, collectively referred to as the “Relevant Laws and Regulations”). If there is any change to the Relevant Laws and Regulations, the Seller agrees that the Seller shall promptly comply with such changes in the Relevant Laws and Regulations upon the Service Provider’s notification to the Seller. If the Seller violates or fails to comply with the Relevant Laws and Regulations resulting in the Service Provider being subject to a fine penalty, damages and/or expenses, the Seller agrees to be responsible for indemnifying such fines, damages and/or expenses to Service Provider without delay.
12. Severability of Agreement
12.1. In the event that any part of the Agreement is void, unlawful, legally unenforceable, or incomplete in any means, it shall be deemed that such part of the Agreement has been amended to the extent permitted by laws and shall comply with the objectives of the Service Provider and the Seller. The remaining provisions shall remain valid and enforceable under laws.
In case of any further queries, please contact us at lineshoppingseller@linecorp.com.
Date of Promulgation: 1 October 2022
Date of 1st Amendment: 1 September 2023
Date of 2nd Amendment: 1 October 2023