Services marketplace website terms and conditions

Services marketplace website terms and conditions contents

1. Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age.
2. Copyright notice: UCC copyright notice; ownership of rights in website.
3. Permission to use website: licence to use website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use website; redistributable content; suspension or restriction of access to website.
4. Misuse of website: acceptable use: prohibitions; veracity of information supplied.
5. Use on behalf of organisation: use on behalf of another.
6. Buyer registration and accounts: provisions apply to marketplace buyers; buyer Account eligibility (private individuals); buyer account registration process.
7. Service provider registration and accounts: provisions apply to marketplace service providers; service provider account eligibility (flexible); service provider account eligibility (businesses); service provider account registration process; service provider account information updating.
8. 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.
9. Reviews: publication of reviews; reviewers independent; inaccurate etc reviews; no reliance on reviews; no liability for reliance on reviews; no liability for defamatory reviews.
10. User reviews: publication of user reviews; permission to submit reviews; user reviews: general requirements; user review posting conditions; user review posting prohibitions; reviews and user content rules; user reviews and names; waiver of moral rights in reviews; no warranties for user reviews.
11. Service provider listings: registered service providers can create listings; how to create a listing; publication of listings; website operator rights in relation to listings; period of publication of listings; veracity of listings; subject matter of listings; listing categories; keeping listings up to date; listing price currency.
12. Differentiated treatment: services marketplace: no differentiated treatment; services marketplace: description of differentiated treatment.
13. Service rules: permitted services; no physical or intangible products; prohibited services.
14. Services marketing: channels and affiliates for marketplace services.
15. Data: services provider access to marketplace data; operator access to marketplace data; disclosure of marketplace data to third parties; limited contractual right to access marketplace data.
16. The buying and selling process: contracts between buyers and service providers.
17. Terms and conditions of supply: service providers must create legal notices; service provider legal compliance; contract terms between buyers and service providers; distance selling rules incorporated into service contract; compliance with terms and conditions of supply.
18. Distance contracts: cancellation right: services marketplace distance contracts: cancellation right for consumers; marketplace distance contract: cancellation right for services; marketplace distance contract: consumer agreement to provision of services; marketplace distance contract: exercise of cancellation right for services; marketplace distance contract: refund upon services contract cancellation; marketplace distance contract: refund method for services contract; marketplace distance contract: refund timing for services; marketplace distance contract: services excluded from right of cancellation.
19. Marketplace fees: marketplace service provider payment amounts; marketplace service provider fees; marketplace service provider commission; amounts inclusive or exclusive of VAT; VAT deductions in services marketplace; obligation to provide evidence for tax compliance; variation of fees; variation of commission rates.
20. Payments: payment of fees; disputed payments; unjustified charge-backs; unpaid fees: withdrawal of services; right of set off.
21. Our role: acknowledgement of website operator role (services marketplace); no responsibility for user behaviour; provision subject to limitations of liability.
22. 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; user may edit own content; delete etc user content on breach.
23. 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.
24. Provision of contact details: no direct communication information.
25. Report abuse: request to report abuse; how to report abuse.
26. Suspension and restriction of services: services marketplace: process for suspending or restricting account; right to suspend and restrict website account; non circumvention of suspension or restriction.
27. Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
28. 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.
29. Indemnity: indemnity from marketplace website users.
30. Termination: discretionary termination of contract by
    First Party
    ; termination of contract by
    Second Party
    using control panel; grounds for termination of services provider account by
    First Party
    ; procedure for terminating services provider account; refunds upon termination.
31. Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
32. Trade marks: trade mark ownership; third party trade marks on website.
33. Variation: document may be revised; variation of website document: unregistered users; variation of website document: marketplace services providers.
34. Assignment: assignment by first party (with consumer rights); assignment by second party.
35. Severability: severability of whole; severability of parts.
36. Third party rights: third party rights: benefit; third party rights: exercise of rights.
37. Entire agreement: entire agreement - use of website.
38. Law and jurisdiction: governing law; jurisdiction.
39. Statutory and regulatory disclosures: ecommerce regulations order process information; copy of document not filed; language of document; ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number.
40. Our details: website operator name; company registration details; place of business; contact information.