Marketplace websites are those that enable users to come together to sell and purchase products. Tripleplay Technology BD’s terms and conditions document has been designed for such marketplaces, providing that the products in question are physical products.
The marketplace-specific provisions in the terms and conditions are organised around the concepts of “stores” and “listings”. Each seller may create one or more stores; and each seller may create one or more product listings.
Listings must comply with two sets of rules. First, they must comply with rules relating to the listing content itself. Second, they must comply with rules relating to the products being advertised for sale.
The template takes account of the possibility of the website offering different types of user account (for example, seller accounts and buyer accounts).
Marketplace website terms and conditions contents
- Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age.
- Copyright notice: UCC copyright notice; ownership of rights in website.
- Permission to use the website: licence to use the website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use the website; redistributable content; suspension or restriction of access to the website.
- Misuse of the website: acceptable use: prohibitions; veracity of information supplied.
- Use on behalf of the organisation: use on behalf of another.
- Buyer registration and accounts: provisions apply to marketplace buyers; buyer Account eligibility (private individuals); buyer account registration process.
- Seller registration and accounts: provisions apply to marketplace sellers; account eligibility (businesses); account eligibility (private individuals); seller account registration process; seller account information updating.
- User login details: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
- Cancellation and suspension of account: rights of operator over the account with paid services; cancellation of website account with paid services by the user.
- Seller stores: registered sellers can create stores; how to create a seller store; publication of seller store; website operator rights concerning seller store; period of publication of seller store.
- Seller listings: registered sellers can create listings; how to create a listing; publication of listings; website operator rights concerning listings; period of publication of listings; veracity of listings; subject matter of listings; listing categories; keeping listings up to date; listing price currency.
- Product rules: permitted products; no services or intangible products; prohibited products.
- The buying and selling process: contracts between buyers and sellers.
- Terms and conditions of sale: seller must create legal notices; seller legal compliance; contract terms between buyers and sellers; distance selling rules incorporated into contract; compliance with terms and conditions of sale.
- Distance contracts: cancellation right: marketplace distance sales: cancellation right for consumers; marketplace distance sales: cancellation right for products; marketplace distance sales: the exercise of the cancellation right; marketplace distance sales: the return of products upon cancellation; marketplace distance sales: refund upon distance contract for products cancellation; marketplace distance sales: the diminished value of the product on cancellation; marketplace distance sales: refund method; marketplace distance sales: refund timing for products; marketplace distance sales: products excluded from the right of cancellation.
- Marketplace fees: marketplace seller payment amounts; marketplace seller fees; marketplace seller commission; amounts inclusive or exclusive of VAT; VAT deductions in the marketplace; obligation to provide evidence for tax compliance; variation of fees; variation of commission rates.
- Payments: payment of fees; disputed payments; unjustified charge-backs; unpaid fees: withdrawal of services; right of set-off.
- Our role: acknowledgement of website operator role; provision subject to limitations of liability.
- Our rights to use your content: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; the user may edit own content; delete etc user content on breach.
- Rules about your content: user content warranty; no unlawful user content; user content rules; civility and user content; hyperlinking and user content; previous complaints and user content.
- Report abuse: request to report abuse; how to report abuse.
- Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to the website.
- Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
- Indemnity: indemnity from marketplace website users.
- Breaches of these terms and conditions : consequences of the breach; non-circumvention of measures upon breach.
- Third-party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
- Trademarks: trademark ownership; third party trademarks on the website.
- Variation: document may be revised; variation of website document: unregistered users; variation of website document: registered users.
- Assignment: assignment by first party (with consumer rights); assignment by the second party.
- Severability: severability of whole; severability of parts.
- Third-party rights: third party rights: benefit; third party rights: the exercise of rights.
- Entire agreement: entire agreement – use of the website.
- Law and jurisdiction: governing law; jurisdiction.
- Statutory and regulatory disclosures: eCommerce regulations order process information; a copy of document not filed; the language of document; ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; eCommerce regulations: professionals; ecommerce regulations: code of conduct; value-added tax number; link to ODR website; name and URL of ADR provider.
- Our details: website operator name; company registration details; place of business; contact information.