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SHOPLINE Marketing Support Services Terms & Conditions

SHOPLINE Marketing Support Services
Terms and Conditions
1 These SHOPLINE Marketing Support Services Terms and Conditions (the “Terms and Conditions”) apply to and govern your subscription to and use of SHOPLINE Marketing Support Service Plan (“Plan”). If you subscribe to or use any Plan, you agreed to be bound by the Terms and Conditions. If you are acting on behalf of an entity, you further represent and warrant that you have the requisite right, power, and authority to agree to the Terms and Conditions on behalf of the entity you act for. Should you have any questions, please send your inquiries to support.my@shoplineapp.com and indicate your store website URL (if any) in your email.

2 In the Terms and Conditions, SHOPLINE shall mean SHOPLINE (M) SDN BHD or its affiliates, or the issuing entity appearing on the invoices issued to you in respect of a Plan (as the case may be).

3 The Plans offered by SHOPLINE include service credits which may be used to purchase or apply against advertising services (“Ads Services”) of the third-party advertising service providers designated by SHOPLINE (“Ads Service Providers”). If you opt to use SHOPLINE’s Smart Ads System, the Smart Ads System will automatically use and allocate the service credits within your pre-set parameters (such as budget), or in accordance with the default setting in the absence of pre-set parameters. You hereby acknowledge and understand that the actual Ads Services are provided by Ads Service Providers, instead of SHOPLINE. SHOPLINE is a marketing support solution provider, as opposed to advertising service provider. You hereby acknowledge, understand and agree that SHOPLINE may receive economic benefit from Ads Service Providers in relation to your use of Ads Services. Currently, Ads Service Providers include FACEBOOK, GOOGLE, etc. SHOPLINE may from time to time add, remove or alter Ads Service Providers at its absolute discretion.

4 You will remain liable for any and all amounts that have accrued to SHOPLINE at any time during the term of the Plan (including any prepayment). You hereby agree and understand that SHOPLINE has invested significant resources to secure the availability of the Plan for you, and thus the Plan you subscribe to cannot be terminated or canceled for convenience by you during the term of the Plan unless SHOPLINE otherwise indicates in writing. Even if you cease using the Ads Services under the Plan, any amount paid or prepaid by you will be non-refundable.

5 If you commit a material breach (including but not limited to breaching clause 9 or 12 of the Terms and Conditions), SHOPLINE may terminate your Plan immediately and no refund will be issued. SHOPLINE may cancel the outstanding service credits in your Plan without any liability on SHOPLINE’s part. If your Plan is terminated or discontinued due to reasons not attributable to you but attributable to SHOPLINE or Ads Service Providers, the outstanding service credits in your Plan will be refunded to your credit card and SHOPLINE assumes no other liability other than the said refund.

6 The Ads Service Providers will provide Ads Services to you pursuant to the terms and conditions and policies adopted and updated by them from time to time. Therefore, the specifics and details of the Ads Services pertaining to your Plan shall be subject to the Ads Service Providers’ policies and restrictions. SHOPLINE makes no representation or warranties of any kind, express or implied, as to the Ads Services provided by Ads Service Providers. It is your sole responsibility to evaluate the merits of Ads Services. For the avoidance of doubt, the Plan does not include any customized feature development.

7 All and any accounts with the Ad Service Providers are owned and operated by SHOPLINE and you understand that you will not have direct access to or authority to operate such accounts.

8 You hereby acknowledge that the functions, features and scope of the Ads Services under a Plan may vary depending on your own system. In no event shall SHOPLINE be held liable in any way for any departure or variation resulted from or attributable to your own system.

9 You shall be solely responsible for providing all content of the advertisement and ensuring the accuracy and legality of such content. You hereby represent that the content you provided (a) is lawful, true and accurate; (b) is not misleading; (c) does not violate any public policy; (d) does not infringe any third-party right (including but not limited to copyright and intellectual property right); (e) complies with the policies and regulations of the Ads Service Providers (“Ads Service Providers Policies”); and (f) does not contain inappropriate content (such as those which are obscene or incite violence). Before submitting any content, you must read and understand the Ads Service Providers Policies and confirm that your content complies with the Ads Service Providers Policies.

10 For your convenience, here are some Ads Service Providers Policies that are currently in effect: 
Google: https://support.google.com/adspolicy/answer/6008942
Facebook: https://www.facebook.com/policies/ads/
However, the listings above are not exhaustive. Ads Service Providers Policies include but are not limited to the above listings and may be updated and supplemented at any time. You must regularly review any update to Ads Service Providers Policies and ensure your continuous compliance with Ads Service Providers Policies.

11 If the content you provided is in violation of clause 9 or the applicable Ads Service Providers Policies, or if requested by the applicable Ads Service Provider, SHOPLINE will have the right to remove or suspend such content or suspend or terminate your Plan without any liability on the part of SHOPLINE. In addition, you hereby acknowledge and agree that Ads Service Providers may refuse to accept your content or remove or edit your content based on their internal policies or for other reasons, and that Ads Service Providers has the final decision-making power over the content to be published. In no event shall SHOPLINE be liable to you for Ads Service Providers’ decisions or actions.

12 You hereby agree to indemnify and hold SHOPLINE harmless from and against (a) any third-party claims arising out of or relating to your content, your use of the Ads Services, or your breach of the Terms and Conditions or any Ads Service Providers Policies; and (b) any losses and expenses relating to the foregoing third-party claims including but not limited to legal fee, litigation fee and enforcement cost.

13 To be maximum extent permitted by applicable law, in no event shall SHOPLINE be liable to you or any third party (including but not limited to your affiliate or any person who makes a claim under your name) for any lost profits, lost revenues, loss of data, equipment downtime or for any special, consequential, exemplary, indirect or incidental damages arising out of your subscription to a Plan or use of Ads Services. In no event shall SHOPLINE’s aggregate liability for damages hereunder exceed the amount of plan service fee received by SHOPLINE for the period in which the liability arose. 

14 You hereby acknowledge that SHOPLINE and Ads Service Providers do not have any joint liability to you and nor do they form any partnership or joint venture hereunder. SHOPLINE is not liable for any act or omission of Ads Service Providers. Should you find any breach or wrongful act by a Ads Service Provider and wish to make a claim, you must direct your claim to the relevant Ads Service Provider only.

15 If any provision of the Terms and Conditions is found or determined to be invalid or unenforceable under any applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions will continue in effect

16 SHOPLINE reserves the right, in its discretion, to change, amend, to add or remove any provisions in the Terms and conditions. Any such updated terms and conditions will become effective on the date on which the updated terms and conditions are communicated to you via email, by posting on this webpage or through other communication channels provided or confirmed by you and will automatically become a legally binding document between you and us. You are advised to check the Terms and Conditions from time to time for any updates or changes, and if you do not accept our amendments, you must cease using the Plan.