We own and/or operate:
i.https://shopline.com/ ("Website"); and
ii.Such other websites and mobile applications through which we render Services to you from time to time (together with the Website, “SHOPLINE”).
In these Terms and Conditions (the “Terms”), “we” and “us” means the applicable SHOPLINE Contracting Party as defined in the section headed “SHOPLINE Contracting Party”. We offer to SHOPLINE users, among other things, a full-featured platform that allows them to easily build their store website, sell items across multiple channels, connect with their followers and deliver a seamless omnichannel experience ("Services"). Any new or additional Services we launch from time to time shall also be subject to the Terms.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PROCEED TO USE OR ACCESS SHOPLINE OR THE SERVICES.
SHOPLINE's services are available only to, and may only be used by, persons who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is complete, accurate, and truthful. If you are accepting these terms on behalf of a company, organization, or other legal entity, you represent and warrant that (a) you are authorized to do so; (b) the legal entity you represent agrees to be bound by the Terms; (c) neither you nor the legal entity you represent is barred from agreeing and accepting the Terms or is barred from using the Services under applicable laws; and (d) all registration information you submit is complete, accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of SHOPLINE to any person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access SHOPLINE is revoked in such jurisdictions.
Individuals under the age of 18 (or who are considered minor under the applicable law) must at all times use SHOPLINE's services only in conjunction with and under the supervision of a major parent or legal guardian. In this case, the adult is deemed to be the user and is responsible for any and all activities.
Accounts must be registered only by the person seeking membership. Registration of accounts in a name other than the registrant's (fictitious or real) is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by SHOPLINE's policies as stated in these Terms and the other SHOPLINE policy documents listed herein or elsewhere (if applicable to your activities on or use of SHOPLINE) as well as all other operating rules, policies, and procedures that may be published from time to time on SHOPLINE by us or our affiliates, each of which is incorporated herein by reference, and each of which may be updated by us from time to time without notice. In addition, some services offered through SHOPLINE may be subject to additional terms and conditions promulgated by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into the Terms by this reference. Please see the section headed "Changing These Terms" regarding amendments to the Terms.
You can register and use a SHOPLINE account through the SHOPLINE platform; If SHOPLINE considers, through its reasonable judgment, that you have registered SHOPLINE account in an improper way or used multiple accounts, SHOPLINE may take measures such as freezing, closing the accounts, suspending or refusing to provide services, and you shall be responsible for compensation for any losses caused to SHOPLINE and related parties.
Depending on the Services you subscribe to, multiple admin and staff accounts may be made available to you (or the legal entity you act on behalf of pursuant to paragraph 1 of this Article upon approval by us. You (or the legal entity you act on behalf of pursuant to paragraph 1 of this Article will be responsible and liable for the acts, omissions, and breaches arising from the use of these accounts. We may reject any application for an account, or cancel an existing account, for any reason, at our sole discretion.
The plan you subscribe to is only limited to the purchased account or its sub-accounts. If you subscribe offline or through other channels, SHOPLINE will link your account to the subscription plan and inform you after the linking is complete.
While using SHOPLINE, and any bulletin board services, chat areas, communities, and/or other communication facilities designed to enable you to communicate with other users or the public at large ("Communication Services") you will not:
You are solely responsible for all activities and contents (such as photos, images, videos, graphics, information, or data) uploaded, stored, transmitted, or displayed on or in connection with your account and/or store website with SHOPLINE. We have no obligation to monitor any services provided by you through SHOPLINE. However, we reserve the right to review any posted materials and to remove any material at our sole and absolute discretion.
As a condition to your use of SHOPLINE, you warrant to us that you will not use SHOPLINE for any purpose that is unlawful or prohibited by these Terms or our notices. You must not use SHOPLINE in any manner, which could damage, disable, overburden, or impair SHOPLINE or interfere with any other party's use and enjoyment of SHOPLINE. You must not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through SHOPLINE.
SHOPLINE requires you to keep your password secure. You are fully responsible for all activities, liabilities, and damages resulting from your failure to maintain password security. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising directly or indirectly from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than us without our express written permission. You must keep your account information up-to-date and accurate at all times, including a valid email address. To send or receive items on SHOPLINE, you must provide and retain authentic personal information such as valid phone numbers and email addresses.
You may not disclose, transfer or sell your SHOPLINE account and user ID to another party. If you donate, lend, rent, transfer, sell, or dispose of the SHOPLINE account in other ways, or authorize the SHOPLINE account to any third party without the consent of SHOPLINE, you shall be liable for any loss caused by the disclosure of your account and password information.
You shall be independently responsible for your relevant behaviors under the SHOPLINE account (including but not limited to the distribution, transfer, termination of store permission, the transfer of store, etc.). You shall also be liable for compensation to SHOPLINE if SHOPLINE suffers losses due to your such behavior.
We do not control or endorse the content, messages, or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. The administrator is not our authorized spokespersons and their views are their own.
From time to time, we may offer different subscription plans, and the subscription/membership fees and other fees and charges for such plans may vary.
You agree to pay the subscription/membership fees applicable to your plan and any other applicable fees, including but not limited to the applicable fee which is computed as a certain percentage of the sales revenue generated through your store website with us (“Monthly Maintenance Fee”), and any fees relating to your purchase or use of any other products or services offered by us from time to time (collectively the “Fees”). We will serve you the notice or invoice of the Fees applicable to you by posting to your admin panel or sending it to your email address or by other means authorized by you.
All Fees and charges paid to us are non-refundable except as expressly set forth below or otherwise indicated by us in writing.
You may be required to keep a valid payment method on file with us to pay for all incurred and recurring Fees. After you link your bank card, your subscription will automatically renew and you authorize us (without notice) to collect the then applicable subscription/membership fees, using any valid payment source we have on record for you.
All late payments shall bear interest at the rate of one percent (1%) per month, calculated daily. We reserve the right to suspend part or all of the functions of your store website until all outstanding amounts and interests accrued thereon are paid in full.
We reserve the right to set off and apply any and all monies or credits that are owed to you against any and all of your obligations to us, whether or not your such obligations arise from these Terms or any invoices, orders, agreements, or contractual relationships between you and us or any of our affiliates.
Our fees are exclusive of the applicable sales, good and service taxes, fees, or charges now in force or enacted in the future. All sums payable by you to us under the Terms shall be free of any deductions or withholdings.
Term of use: Unless SHOPLINE notifies you in writing otherwise, the term of your subscription plan will be calculated from the date you subscribe at SHOPLINE and complete payment.
Free Trials: We may offer free trials of SHOPLINE services and/or products from time to time. The terms and conditions governing such free trials shall be contained in the offer. No refund of any amount paid for a paid product during a free trial shall be granted under any circumstances.
Monthly Maintenance Fee: Monthly Maintenance Fee is calculated by multiplying the Monthly Total Online Sales Revenue (as defined below) by a given percentage. Your applicable percentage is stated in your plan detail or the notice or invoice appearing on your admin panel or sent to you via email or by other means in writing.
Monthly Total Online Sales Revenue is defined as the aggregate order amount of all orders placed through your store website powered by SHOPLINE for that particular month, but excluding the following orders of which (a) the order status is “Failed” or “Expired”; or (b) the order status is “Cancelled” and the payment status is not “Paid”. For the avoidance of doubt, the “order amount” in the preceding sentence represents the gross amount paid by the buyer who places an order through your store website powered by SHOPLINE and may include any logistics fees, shipping costs, and sales taxes( if they are paid by the buyer to you under such order).
Monthly Maintenance Fee and Monthly Total Online Sale Revenue shall be computed based on the data in our system and records.
In the following cases, we will unilaterally terminate this agreement, and you will no longer be able to continue to access this website and use SHOPLINE services:
SHOPLINE shall not be liable for any breach of the contract unilaterally terminating this Agreement in accordance with this clause.
Upon termination of the Services by either party:
If you have purchased a domain name through SHOPLINE, upon termination your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
Termination/Cancellation Policy: You may terminate the Services at any time within your admin panel or email support@SHOPLINEapp.com for instructions.
Fraud: Without limiting any of its other rights and remedies, SHOPLINE may suspend or terminate your SHOPLINE account if we suspect that you have engaged in fraudulent or improper activities.
We and SHOPLINE are not involved in the actual transaction between a buyer and a seller. We and SHOPLINE have no control over and do not guarantee the quality, safety, or legality of items advertised, the ability of sellers to sell their respective items, the ability of buyers to pay for items, the truth or accuracy of the representations made by users in respect of their items listed on SHOPLINE. We and SHOPLINE cannot provide any assurance for whether exchange of communication or statements of intention between buyers and sellers to conclude a transaction between users through SHOPLINE will ultimately be consummated with an exchange of consideration for products or services.
We do not transfer or guarantee the transfer of legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon the physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and the operation of SHOPLINE may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages in relation to and arising out of your use of our sites and services. You use SHOPLINE at your own risk.
We do not control the information provided by other users that are made available through SHOPLINE. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, and common sense, and practice safe exchange when using SHOPLINE. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using SHOPLINE, you agree to accept such risks and we and/or SHOPLINE are not responsible for the acts or omissions of users on SHOPLINE.
We aim to update and maintain SHOPLINE regularly and can change the content at any time. We will use our reasonable efforts to keep SHOPLINE available to you, but if necessary, we may suspend access to the Website or other sites related to SHOPLINE, or close them indefinitely. We will not be liable if for any reason SHOPLINE becomes unavailable at any time or for any period.
SHOPLINE and some of the articles on SHOPLINE contain links to other resources and businesses on the internet. We provide these links for your information only. We do not sponsor, nor are we affiliated to or associated with such resources or businesses. Your ability to access such links allows you to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links. Our liability for your use of SHOPLINE is set out in the section headed "Disclaimer and Limitation of Liability" section below.
You acknowledge that unless otherwise agreed, we may provide the Services to your competitors and make no promise of exclusivity in any particular market segment.
You are solely responsible for your conduct and activities on and regarding SHOPLINE and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on SHOPLINE.
You represent and warrant that the Content and your use of SHOPLINE shall not:
We reserve the right to remove any Content posted by any user onto SHOPLINE which falls under any of the categories as described in items (i) to (ix) set out above or any Content, which is inappropriate for posting on SHOPLINE in the sole discretion of us.
Our trade name and company name, SHOPLINE, and other SHOPLINE graphics, logos, designs, page headers, button icons, scripts, and service names are our or our affiliates’ intellectual properties and may not be used (including as part of trademark and/or as part of domain names or email addresses) in connection with any product or service in any manner that is likely to cause confusion.
The names of actual companies and products mentioned on SHOPLINE may be the intellectual properties of their respective owners.
We will have the non-exclusive and royalty-free right and license to use the names, trademarks, service marks, and logos associated with your store website to promote the Service.
We will not own or claim any intellectual property rights over the materials that you provide to us (including feedback and suggestions) or post, upload, input or submit to us through SHOPLINE or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submissions, you are granting us, our affiliated companies, and necessary sub-licensees a license, on the terms mentioned in this paragraph, to enable us and/or SHOPLINE to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and transform the link of your Submission; and to publish your name in connection with your Submission. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in any Submission you provide to us through SHOPLINE.
By providing a Submission to us through SHOPLINE, it may be possible for a third-party website or a third person to re-post that Submission. You agree to hold us harmless for any dispute concerning any use in this manner. If you choose to display your own SHOPLINE-hosted image on another website, the image must provide a link back to its listing page on the Website.
By posting, uploading, inputting, providing, or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You are welcome to provide any ideas and suggestions regarding an improvement to the Services. In no event shall the provision of such feedback be subject to any obligation of confidentiality or expectation of compensation. By submitting any feedback to us (whether directly or indirectly), you waive any and all rights in it and acknowledge that we will be free to implement or modify it if desired.
i. POS services
In addition to the terms generally applicable to the service, the following terms apply to your access to and use of POS services. POS services include SHOPLINE POS software ("POS Software"), programs, documents, applications, tools, Internet-based services and components, and any updates provided to you by SHOPLINE.
To access and use POS services, you need to have a valid SHOPLINE account.
You can terminate your POS services without terminating your account or any other services you subscribe to, in which case you will continue to pay for the services (except for the terminated POS services).
You agree to use the POS services according to the use steps provided by SHOPLINE from time to time.
Although the encryption technology is used in the POS services, and the law usually prohibits third parties from monitoring transmission, we cannot guarantee the security of the connection with POS services. And we are not responsible for any unauthorized access to or use of data transmitted through POS services.
ii. SHOPLINE APP
You can download SHOPLINE APP to manage the backstage of your store. SHOPLINE APP supports you to register an account on a mobile terminal; to view, modify and delete commodities; to view and modify order information. You need to log in to SHOPLINE on a PC to operate if you need to use other functions, such as payment, data export, account cancellation, etc.
SHOPLINE users may arrange and attend in-person meetings ("Meetings") with one or more individuals through SHOPLINE. SHOPLINE users are solely responsible for interactions with others. Users must comply with these Terms and our policies and acknowledge and agree to comply with all applicable laws during the course of the Meeting. We are not involved with Meetings arranged between different users of SHOPLINE.
We do not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users understand that we take steps to verify the identity of a user but do not in any way screen or perform background checks on its users. All users agree to and acknowledge that they bear all risks in electing to attend Meetings, which take place both online and offline.
You acknowledge that we have no control over the third-party services and will not be liable to you or any other person for such third-party services. Our provision of these service links to you does not constitute or imply any recognition, authorization, sponsorship, or subordination between us and third-party service providers. We do not guarantee the availability of third-party services, and you acknowledge that we may disable access to any third-party services at any time without notice. We are not responsible for the suspension or suspension of access to any third-party services or the disabling of any third-party services.
You hereby agree to indemnify and hold us and our shareholders, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of third-party services or your relationship with a third-party service provider.
If you enable or install any third-party service for use with the Services, you grant us permission to allow the applicable third-party service provider to access your data and take other actions as required for the interoperation of the third-party service with the Services. Such transmission of data is between you and the third-party service provider. We are not responsible for the disclosure, modification, or deletion of your data or other materials, or any corresponding loss or damage you may suffer as a result of third-party services or third-party service providers' access to your data or other materials.
The relationship between you and any third-party supplier is limited to that between you and such third-party supplier, and we have no obligation to intervene in any dispute between you and the third-party supplier.
We shall be not liable for any direct, indirect, incidental, special, consequential, punitive, special, exemplary, or other damages caused by any third-party services or your contractual relationship with any third-party service provider. It shall apply these restrictions even if SHOPLINE has been informed that such damage may occur. The above restrictions will apply to the maximum extent permitted by applicable law.
You hereby acknowledge and authorize us to collect, store and process personal information from your customers for you to use SHOPLINE and the Services. You hereby undertake, warrant and represent to us that:
Certain services made available via SHOPLINE may be delivered by third parties. By using any product, service or functionality originating from the Website domain or SHOPLINE, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.
We reserve the right, in our discretion, to change, amend, to add or remove any provisions in the Terms ("Amendments") under which SHOPLINE is offered at any time. We will notify you of the Amendments by email (being the primary email linked to your account) or by posting the updated Terms with the Amendments on SHOPLINE. You are advised to check the Terms from time to time for any Amendments that may impact you. By continuing the use of SHOPLINE or any of the Services following the notice of the Amendments or the posting of the updated Terms with the Amendments to SHOPLINE, you agree to be bound by the updated Terms with the Amendments. Unless otherwise specified, any Amendments will apply on the date on which the updated Terms with the Amendments are posted onto SHOPLINE. We may give prior notice of these Amendments to all fee paying members where such Amendments will result in a material reduction in the availability, benefits and features of SHOPLINE.
Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in any provision of these Terms are reserved. We may provide you with notices, including those regarding changes to the Terms, by email (being the primary email linked to your account), regular mail, postings on SHOPLINE, or other reasonable means now known or developed in the future.
A printed version of the Terms and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the Terms and all related documents be in English.
Unless expressly provided in the Terms, a person other than us and our affiliates, SHOPLINE users or anyone accessing the Services pursuant to the Terms, a person who is not a party to the Terms has no right to enforce or to enjoy the benefit of any provision in the Terms. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferor of these Terms.
The “SHOPLINE Contracting Party” is the party with which you are entering into these Terms. Your “SHOPLINE Contracting Party”, and the governing law of these Terms and dispute resolution method for the performance of these Terms shall be determined in accordance with the following table:
Your use of SHOPLINE and the services will be at your own risk and are provided “as is”, “as available” and “with all faults”. we and/or our suppliers and affiliates disclaim all warranties, conditions, and representations, whether statutory, express, or implied, including, without limitation, any implied warranties, conditions, and representations of title, merchantability, fitness for a particular purpose, and non-infringement.
The information, software, products, and services included in or available through SHOPLINE may include inaccuracies or typographical errors. changes are periodically added to the information on SHOPLINE. we and/or our suppliers and its affiliates may make improvements and/or changes in SHOPLINE at any time. information and opinions received via SHOPLINE should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
You will not hold us responsible for other loss, injury, claim, liability, or damage ("loss") related to your use of any linked website, including, without limitation, if this loss related to users' content, actions, or inactions or their statements and representations made through SHOPLINE's instant messaging service or posted on SHOPLINE.
In the event that a dispute arises between you and one or more users of SHOPLINE, you release us and SHOPLINE (and our staff, subcontractors and all affiliated parties) from claims, demands and damages (arising directly or indirectly) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Although we will use our reasonable efforts to keep SHOPLINE available and the information on SHOPLINE reasonably accurate, we and/or our suppliers and affiliates make no representations conditions or representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on SHOPLINE for any purpose. all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. we, our suppliers, and/or affiliates disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Guest users – you use SHOPLINE at your own risk. neither we nor any of our affiliates, and our and their respective agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising (including, without limitation, loss of use, business interruptions, loss of data, loss of profits, and lost revenue, whether such damages are alleged in tort, contract or any other legal or equitable claim) directly or indirectly in connection with the use of SHOPLINE or the services (whether under these terms or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
Fee paying members – our liability to you in aggregate for any loss or damage is limited to damages of an amount equal to the subscription fee received by us for the subscription period in which the liability arose. for the avoidance of doubt, "our liability" includes that of any company in our group and our and their respective agents’ employees, subcontractors; "you" includes any other party claiming through you; "loss or damage" includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with use of SHOPLINE, whether under these terms or other agreement or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence. this section of the terms & conditions does not affect claims relating to death or personal injury caused by negligence and does not limit or exclude any liability for fraudulent misrepresentation.
Multiple claims will not expand the above limitation.
These disclaimers apply to the fullest extent permitted by law and will survive any termination or expiration of these terms.
You hereby agree to indemnify and hold us and our shareholders, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference or your violation of any law or any rights of a third party.
Any notices or other communications related to this Agreement shall be in the form of paper in Chinese and delivered by hand or courier (in which case an e-mail of notice of impending delivery shall be sent to the relevant recipient), or sent by e-mail.
You are obliged to provide SHOPLINE with real and effective contact information (including but not limited to phone number, address, and e-mail), and SHOPLINE has the right to send you a notice through any one or more of the aforementioned contact methods.
SHOPLINE shall be deemed to have been successfully delivered notice after sending a message to you by email or system message. If the notice is sent in paper form, it will be deemed to have been successfully delivered five (5) days after SHOPLINE has mailed it to the address provided by you.
If any change occur to contact information provided by you in this Agreement, you shall notify SHOPLINE in the form of paper. If SHOPLINE fails to deliver the notice due to the delay in notification caused by you, such notice shall be deemed to have been duly delivered. Those force majeure caused by natural disasters or others shall not be included in these provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of SHOPLINE. Our performance of the Terms is subject to existing laws and legal processes. Nothing contained in these Terms affects or prohibits our ability to comply with or respond to governmental, court, and law enforcement requests or requirements relating to your use of SHOPLINE or information provided to or gathered by us with respect to such use.
Unless otherwise specified, these Terms constitute the complete and exclusive statement of the mutual understanding between you and us with respect to SHOPLINE and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to SHOPLINE, except as otherwise provided in these Terms.
You may not assign or otherwise transfer any rights and obligations hereunder, without our prior written consent, which we may refuse in our sole discretion. Any attempted assignment without our prior written consent shall be deemed null and void. We may assign or transfer our rights and/or obligations under the Terms at any time.
According to relevant laws and regulations, if any part of this Agreement is determined to be invalid or unenforceable, including but not limited to disclaimers and limitations of liability, the related provisions will be deemed invalid, and the rest will continue to be valid.
If you have any questions, comments or suggestions about the content of this policy, you may contact us through the contact information provided on the website.