1. Acceptance of Terms
By accessing and using [Your Marketplace Name] ("the Platform"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use our services. These terms apply to all users of the Platform, including buyers, sellers, and visitors.
2. Definitions
- Platform: The website, mobile application, and related services operated by [Your Company Name].
- User: Any individual or entity accessing or using the Platform.
- Buyer: A user who purchases products or services through the Platform.
- Seller: A user who lists and sells products or services through the Platform.
- Content: Any information, text, images, videos, reviews, or other materials posted on the Platform.
3. User Accounts
3.1 Registration
To use certain features of the Platform, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password
- Accept responsibility for all activities under your account
- Be at least 18 years old or the age of majority in your jurisdiction
3.2 Account Suspension
We reserve the right to suspend or terminate accounts that:
- Provide false information
- Engage in fraudulent activities
- Violate these Terms and Conditions
- Otherwise misuse the Platform
4. Marketplace Operations
4.1 Seller Responsibilities
Sellers agree to:
- Accurately describe products/services, including any limitations or conditions
- Honor the price, terms, and delivery timeline specified in listings
- Comply with all applicable laws and regulations
- Resolve buyer disputes in good faith
- Maintain adequate inventory to fulfill orders
4.2 Buyer Responsibilities
Buyers agree to:
- Review listings carefully before purchasing
- Pay for purchased items in full and on time
- Provide accurate shipping and contact information
- Inspect items upon delivery and report issues within the specified timeframe
4.3 Transaction Process
- Listings are invitations to treat, not offers to sell
- An order is a binding contract when the seller confirms acceptance
- The Platform facilitates transactions but is not a party to buyer-seller contracts
5. Fees and Payments
5.1 Service Fees
- [Describe your fee structure: commission percentage, listing fees, subscription fees, etc.]
- Fees are non-refundable unless otherwise specified
- We reserve the right to modify fees with 30 days' notice
5.2 Payment Processing
- We use third-party payment processors [e.g., Stripe, PayPal]
- You agree to their terms and privacy policies
- The Platform is not responsible for payment processing errors or security breaches of third-party processors
5.3 Taxes
- Sellers are responsible for collecting and remitting applicable taxes
- Buyers are responsible for paying applicable sales/use taxes
- The Platform may collect and remit taxes where required by law
6. Content and Intellectual Property
6.1 User Content
- You retain ownership of content you post
- You grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content on the Platform
- You represent that you have all necessary rights to post your content
- Content must not violate third-party intellectual property rights
6.2 Platform Content
- All Platform design, text, graphics, logos, and software are our property or licensed to us
- You may not copy, modify, or create derivative works without explicit permission
7. Prohibited Activities
Users must not:
- List prohibited items [specify: illegal goods, hazardous materials, counterfeit items, etc.]
- Engage in fraudulent, deceptive, or misleading practices
- Circumvent the Platform's fee structure
- Harass, threaten, or intimidate other users
- Use automated systems to access the Platform without permission
- Infringe intellectual property rights
- Violate any applicable laws or regulations
8. Dispute Resolution
8.1 Buyer-Seller Disputes
- The Platform may offer mediation services for transaction disputes
- [Describe your dispute resolution process, including timelines and mediator role]
- Platform decisions on disputes are final but do not limit legal rights
8.2 Arbitration Agreement
Any dispute arising from these terms shall be resolved through binding arbitration rather than in court, except for small claims. Arbitration will be conducted by [specify arbitration organization] under its commercial rules.
9. Limitation of Liability
To the maximum extent permitted by law:
- The Platform is provided "as is" without warranties of any kind
- We are not liable for user content, transactions, or interactions
- We are not liable for indirect, incidental, or consequential damages
- Our total liability is limited to the fees you paid in the last 12 months
- We do not guarantee uninterrupted, secure, or error-free service
10. Indemnification
You agree to indemnify and hold harmless [Your Company Name], its affiliates, and their officers from any claims, damages, or expenses arising from:
- Your use of the Platform
- Your violation of these terms
- Your violation of any laws or third-party rights
- Your content or products/services
11. Termination
- We may terminate or suspend your access to the Platform at our discretion
- You may terminate your account at any time
- Termination does not relieve you of obligations for pending transactions
- Sections on fees, liability, indemnification, and dispute resolution survive termination
12. Modifications to Terms
- We may modify these terms at any time
- We will provide notice of material changes [specify method: email, in-app notification, etc.]
- Continued use after changes constitutes acceptance
- Material changes won't apply retroactively to disputes arising before the change
13. Privacy
Your use of the Platform is subject to our Privacy Policy, which describes how we collect, use, and share your information.
14. Governing Law
These Terms and Conditions are governed by the laws of [Your Jurisdiction, e.g., State of California], without regard to conflict of law principles.
15. General Provisions
- These terms constitute the entire agreement between you and us
- If any provision is found invalid, the remainder remains in effect
- Our failure to enforce any right is not a waiver of that right
- You may not transfer your rights under these terms without our consent