Article 1 : Purpose of these Terms and Conditions
1. These Specific Terms and Conditions of Line Services for Business Partners: “LINE Beacon” (these “Terms and Conditions”) set forth the terms regarding the Partner’s (as defined in the Basic Terms and Conditions, defined below) use of the “LINE Beacon” services (the “Services”) provided by LINE Corporation (the “Company”) to the Partner.
2. These Terms and Conditions shall be applied together with the “Basic Terms and Conditions of LINE Services for Business Partners” (the “Basic Terms and Conditions”) and the “Specific Terms and Conditions of LINE Services for Business Partners: “LINE Official Account” (the “Specific Terms and Conditions for Official Account”). In addition, the “Specific Terms and Conditions of LINE Services for Business Partners: “LINE Business Connect” (the “Specific Terms and Conditions for Business Connect”) shall be applied if the Partner uses “LINE Business Connect.” In the event of any discrepancy between these Terms and Conditions and any of the above-mentioned terms and conditions, these Terms and Conditions shall prevail.
Article 2 : Definitions
Capitalized terms used in these Terms and Conditions are defined in this Article or in the Article of these Terms and Conditions where they are first used:
(1) “LINE” means the LINE application which is a messenger service operated by the Company; and
(2) “End User” means a person who has installed LINE and agreed to use LINE Beacon.
Article 3 : Outline of the Services
As a result of the End Users’ terminals detecting the “LINE Official Account,” which is a service provided by the Company (and if the Partner also uses LINE Business Connect, also including LINE Business Connect; collectively, the “LINE Official Accounts”) and the electrical waves emitted from the beacon terminals (each, a “Beacon Terminal”) manufactured in accordance with the specifications set forth by the Company, the Services enable individual messages or other information separately stipulated by the Company to be transmitted to End Users from the LINE Official Accounts used by the Partner.
Article 4 : Contractual Relationship
1. Those who wish to use the Services must agree to the Basic Terms and Conditions, the Specific Terms and Conditions for Official Account (and if a person wishes to use LINE Business Connect, the Specific Terms and Conditions for Business Connect), as well as these Terms and Conditions, and apply to use the Services via the application form and other documents separately designated by the Company (including e-mails; the “Application”) by way of notifying the Company of information necessary for applying for the Services. In the event of any discrepancy between the provisions of these Terms and Conditions and the contents of the Application, the contents of the Application shall prevail.
2. If the Company approves the Application submitted in accordance with Article 4.1, the Company shall notify the Partner in writing (including by e-mail) of the Company’s approval of the Application.
3. Unless otherwise provided for in the Application or the notice stipulated in Article 4.2, an individual use agreement regarding the use of the Services (the “Individual Use Agreement”) shall be concluded on the date on which the Company notifies the Partner of its approval of the Application (the “Use Commencement Date”).
4. The fees for the Services shall be separately determined between the Partner and the Company upon mutual consultation and the Partner shall indicate the determined amount in the Application. The Partner’s obligation to pay the Company the consideration for the use of the LINE Official Accounts shall not be affected by the Individual Use Agreement. Unless specifically provided for in the Individual Use Agreement, the Partner and the Company shall each bear their own costs for performing the work set forth in the Individual Use Agreement, and neither the Partner nor the Company may make any claim against the other party to pay the costs that it incurs for such performance.
5. Unless otherwise provided for in the Application, the term of the Individual Use Agreement shall be a period of six (6) months from the Use Commencement Date.
Article 5 : Method of Using the Services
1. The Partner and the Company shall determine, upon mutual consultation, the contents of the services that the Partner will provide by using the Services (including whether the Partner will be using LINE Business Connect); provided, however, that the Partner shall make sure, at its own cost and responsibility, that the contents of such services are legal, and the Company shall not be liable in any way with respect thereto.
2. The Partner shall obtain the Company’s prior approval when changing the contents of the services that the Partner provides by using the Services that have been determined upon mutual consultation with the Company.
3. In light of the fact that it is possible to detect the location of the End Users by using the Services, the Partner shall examine the contents of the services using the Service by giving due consideration to the privacy of the End Users.
4. It would be necessary for the Partner to have (i) The text in the banner which will be indicated on LINE by using the Services, and (ii) the contents of information which will be transmitted by using the Services, examined by the Company beforehand in accordance with the standards of the “LINE Official Account Examination Guidelines,” etc. separately set forth by the Company. If the Partner transmits information that violates such examination standards, or that has not passed the examination, the Company may suspend its provision of the Services at its own discretion.
Article 6 : Preparation, Management and Maintenance of Beacon Terminals
1. The Company shall separately provide the Partner with the specifications for the Beacon Terminals required by the Partner in using the Services. The Partner shall prepare the Beacon Terminals at its own responsibility and cost in accordance with such specifications and shall manage the same appropriately so that they are not lost or stolen, etc. The Partner shall also conduct maintenance work for the Beacon Terminals at its own responsibility and cost, such as changing their batteries, as well as repairing and replacing the same in the event of a failure.
2. The Company makes no warranties, whether express or implied, that the specifications regarding the Beacon Terminals have no actual or legal defects. If any defect is found, the Partner shall promptly notify the Company to that effect together with the contents thereof, and the parties shall determine how to handle the situation upon mutual consultation.
3. In the event of changing or adjusting, etc. the settings of the Beacon Terminals, the Partner must only do so within the extent permitted by the Company in advance and to the minimum extent necessary. If the Partner or a third party incurs any damage as a result of any change or adjustment, etc. made beyond such extent (including, without limitation, any damage due to services provided to a third party by the Partner using the Services being affected), the Company shall not be liable and the Partner shall handle such damage at its own cost and responsibility.
4. If the Partner or a third party incurs any damage in relation to the Beacon Terminals, the Company shall not in any way be liable and the Partner shall handle such damage at its own cost and responsibility, unless a statement has been intentionally made in the specifications provided to the Partner by the Company to the effect that an accident may occur.
Article 7 : Installation of Beacon Terminals
1. When using the Services, the Partner shall install Beacon Terminals at its own responsibility and cost and shall determine, upon mutual consultation with the Company, the installation place and the electrical wave strength of the Beacon Terminals so as to make sure that the Services are not provided unexpectedly to people other than those who are at the Partner’s store or other installation place of the Beacon Terminals (the “Installation Place”). In the event of installing a Beacon Terminal at a new Installation Place, the Partner and the Company shall hold mutual consultations in advance, and in the event of relocating a Beacon Terminal that has been installed at a certain Installation Place to another Installation Place, the Partner shall notify the Company to that effect in advance.
2. The Company shall not be liable for any failures that may occur to a Beacon Terminal or the Services due to any decisions made in Article 7.1.
3. When installing Beacon Terminals, the Partner shall provide the Company with the information on the Beacon Terminals which shall be separately designated by the Company. When the Partner relocates a Beacon Terminal to another store, the Partner shall also provide the Company with the information on such Beacon Terminal which shall be designated separately by the Company.
4. If there is any change to the information provided to the Company pursuant to Article 7.3, the Partner shall promptly provide the Company with such new information.
Article 8 : Obtaining Information of the Services
1. The Partner agrees that the Company may obtain and use the information of the Beacon Terminals received by the End Users (identifier information which identifies such Beacon Terminals) after obtaining such End Users’ consent.
2. The Partner shall request the consent from the End Users before obtaining / using the End Users’ information. If there is any liabilities in relation to the usage of the End Users’ information by the Partner, the Partner shall be responsible for such damages.
Article 9 : Disclaimer
The Company does not make any warranties, whether express or implied, that the Services will be free from actual or legal defects (including, without limitation, as to safety, reliability, accuracy, integrity, availability, fitness for a particular purpose, legitimacy of the use for a particular purpose, without flaws with respect to security, etc., errors and bugs, as well as infringement of rights).
Article 10 : Publications and Press Releases
The Partner shall not publish or issue any press release on the fact that the Individual Use Agreement has been executed or any facts relating to the contents of the same without the Company’s prior approval.
Article 11 : Intellectual Property Rights
1. The Company shall not grant any rights to the Partner, as a result of the execution and performance of the Individual Use Agreement, to make copies in relation to, or assign, succeed to, transfer, lease, license or otherwise make secondary use or any use similar thereto of, receive proceeds from or dispose of, for any purpose, all or part of the intellectual property rights owned by the Company.
2. The Partner may exercise the rights granted by the Company under the Individual Use Agreement only for the Services, and may not, without the Company’s prior written approval, make any copies or reproductions in relation to, or assign, succeed to, transfer, lease or license to any third party, or otherwise make secondary use or any use similar thereto of, receive proceeds from, or dispose of all or part of the rights granted by the Company.
3. Patent rights, copyrights and other intellectual property rights and rights with respect to knowhow, etc. in inventions and other intellectual properties or knowhow, etc. (collectively, the “Inventions”) as well as in creations such as documents or computer programs, etc., (the “Creations”), that newly result in relation to the Services, shall belong to the Partner, if the Partner independently makes such Inventions or Creations, and shall belong to the Company if the Company independently makes such Inventions or Creations. If the Inventions or Creations are made based on the Confidential Information (as defined in Article 9 (Confidentiality) of the Basic Terms and Conditions) provided by the other party, the Partner and the Company shall determine the attribution thereof upon mutual consultation.
Article 12 : Use by Third Party
1. The Partner may allow a third party to use all or part of the Services after obtaining the prior written (including by e-mail) approval of the Company; provided, however, that when allowing such third party to use the Services, the Partner represents and warrants that it shall cause such third party to assume obligations equivalent to those assumed by the Partner under the Individual Use Agreement (on the condition that the Basic Terms and Conditions, the Specific Terms and Conditions for Official Account (and if allowing such third party to also use LINE Business Connect, the Specific Terms and Conditions for Business Connect) as well as these Terms and Conditions are complied with) and cause such third party to comply with the matters provided for in the Individual Use Agreement.
2. If the Partner allows a third party to use the Services pursuant to Article 12.1, the Company shall deem such third party’s act of using the Services to be an act of the Partner, and may bring an action against the Partner under the Individual Use Agreement.
Article 13 : Termination
1. In addition to the provisions of Article 7 (Termination of Services Agreement) of the Basic Terms and Conditions, if it is reasonably assumed that the continuation of the Services may hinder the appropriate management and operation of LINE or damage the reputation of the Company, the Company may, upon notice to the Partner, immediately suspend or discontinue the provision of the Services or terminate the Individual Use Agreement.
2. The Company shall not be liable for any damage incurred by the Partner as a result of the suspension or discontinuation of the provision of the Services or the termination of the Individual Use Agreement pursuant to Article 13.1.
Last updated on January 30, 2017