Marketplace terms and conditions

A marketplace (a website connecting buyers and sellers of goods) should require certain rules to be obeyed governing the purchase and sale of goods on the platform.

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Marketplace terms and conditions should limit your liability

Well-known examples of marketplaces include eBay, Gumtree and Etsy, but marketplaces may also operate on a much smaller scale.

As a host of a marketplace, the marketplace terms and conditions should limit your liability in the event of any undesirable or illegal activity occurring.

The terms and conditions should emphasise that as host, you are not party to any transaction between buyers and sellers. However, the marketplace is able to govern the ways in which these transactions take place, such as the method of payment, how parties communicate with each other and how disputes between buyers and sellers can be resolved.

Other issues such as cyber security policies, privacy policies and intellectual property rights may also be integrated into a marketplace terms and conditions.

The terms should make clear that the host of the marketplace simply acts as the facilitator of transactions, and does not take any responsibility for the use or suitability of products or services listed for sale. Instead, the onus should be on the seller to ensure that their listing is true and correct, and on the buyer to ensure that they are aware of what they have purchased.

If you would like assistance on setting out marketplace terms and conditions, please contact us today.

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