Services marketplace website terms and conditions
This document can be used to create terms and conditions for a services marketplace website - that is, a website that enables users to come together to buy and sell services. The marketplace operator is not intended to be a party to the specific contracts between service providers and customers. Payments by service providers to the marketplace operator may take the form of fees and/or commission. Such payments may be deducted from amounts processed by the operator on behalf of a service provider.
The document includes clauses taking account of UK consumer protection laws as they apply to services in general. However, some services are subject to special regulation, and this document does not include clauses designed to take account of service-specific laws.
The document is not suitable for use in relation to marketplace for products; nor is it suitable for use in relation to marketplaces for digital downloads.
Certain provisions included in this document are mandated by Regulation (EU) 2019/1150 (commonly known as the Platform-to-Business or P2B Regulation), which applies to many marketplace websites and applications.Ask about this document
Services 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 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.
- Misuse of website: acceptable use: prohibitions; veracity of information supplied.
- Use on behalf of organisation: use on behalf of another.
- Buyer registration and accounts: provisions apply to marketplace buyers; buyer Account eligibility (private individuals); buyer account registration process.
- 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.
- 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.
- Reviews: publication of reviews; reviewers independent; inaccurate etc reviews; no reliance on reviews; no liability for reliance on reviews; no liability for defamatory reviews.
- 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.
- 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.
- Differentiated treatment: services marketplace: no differentiated treatment; services marketplace: description of differentiated treatment.
- Service rules: permitted services; no physical or intangible products; prohibited services.
- Services marketing: channels and affiliates for marketplace services.
- 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.
- The buying and selling process: contracts between buyers and service providers.
- 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.
- 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.
- 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.
- 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 (services marketplace); no responsibility for user behaviour; 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; 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.
- Provision of contact details: no direct communication information.
- Report abuse: request to report abuse; how to report abuse.
- 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.
- Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to 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.
- Termination: discretionary termination of contract by First Party; termination of contract bySecond Partyusing control panel; grounds for termination of services provider account byFirst Party; procedure for terminating services provider account; refunds upon termination.
- Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
- Trade marks: trade mark ownership; third party trade marks on website.
- Variation: document may be revised; variation of website document: unregistered users; variation of website document: marketplace services providers.
- Assignment: assignment by first party (with consumer rights); assignment by second party.
- Severability: severability of whole; severability of parts.
- Third party rights: third party rights: benefit; third party rights: exercise of rights.
- Entire agreement: entire agreement - use of website.
- Law and jurisdiction: governing law; jurisdiction.
- 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.
- Our details: website operator name; company registration details; place of business; contact information.
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