Last Updated: [May 31, 2025]
Welcome to [Marketplace App Name] (the “App”), operated by [Your Company Name], a company registered in [Your Jurisdiction] with its registered office at [Your Company Address] (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the App, including any content, functionality, and services offered on or through the App. By accessing or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the App.
1. Definitions
App: The [Marketplace App Name] mobile application, website, or platform where users can buy and sell goods or services.
User: Any individual or entity accessing or using the App, including Buyers and Sellers.
Buyer: A User who purchases goods or services through the App.
Seller: A User who offers goods or services for sale through the App.
Content: Any text, images, videos, or other materials uploaded or shared by Users on the App.
Transaction: Any agreement between a Buyer and Seller for the purchase of goods or services facilitated through the App.
2. Eligibility
To use the App, you must:
Be at least [18 or the age of majority in your jurisdiction].
Have the legal capacity to enter into binding contracts.
Provide accurate, complete, and up-to-date registration information.
Comply with all applicable laws and regulations in your jurisdiction.
We reserve the right to refuse access to the App or terminate accounts for Users who fail to meet these eligibility requirements.
3. Account Registration
You must create an account to access certain features of the App, such as listing items or making purchases.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account at our discretion, including for violations of these Terms.
4. User Conduct
You agree not to:
Use the App for any illegal, fraudulent, or unauthorized purpose.
Post or sell prohibited items, including but not limited to illegal goods, counterfeit items, weapons, drugs, or hazardous materials.
Engage in harassment, abuse, or discriminatory behavior toward other Users.
Upload Content that is defamatory, obscene, offensive, or infringes on intellectual property rights.
Attempt to interfere with the App’s functionality, including through hacking, introducing viruses, or engaging in other disruptive activities.
Misrepresent your identity or provide false information.
5. Marketplace Transactions
Role of [Marketplace App Name]: The App acts as a platform to connect Buyers and Sellers. We are not a party to any Transaction between Users and are not responsible for the quality, safety, or legality of goods or services sold.
Seller Responsibilities:
Sellers must accurately describe their goods or services, including condition, pricing, and delivery terms.
Sellers are responsible for fulfilling orders promptly and ensuring compliance with all applicable laws.
Sellers must provide valid payment information to receive funds from Transactions.
Buyer Responsibilities:
Buyers must pay for purchased goods or services in accordance with the Seller’s terms and the App’s payment policies.
Buyers are responsible for reviewing item descriptions and communicating with Sellers before completing a Transaction.
Fees: We may charge fees for certain services, such as listing fees or transaction fees, as outlined in our [Fee Schedule or Pricing Page, linked if applicable]. All fees are non-refundable unless otherwise stated.
Disputes: Any disputes between Buyers and Sellers should be resolved directly between the parties. We may, at our discretion, provide tools or mediation to assist with dispute resolution but are not obligated to intervene.
6. Payments
Payments for Transactions are processed through our third-party payment processor [Paystack]. You agree to comply with the payment processor’s terms and conditions.
Buyers must provide valid payment information to complete Transactions.
Sellers will receive payments, less any applicable fees, in accordance with the App’s payout schedule.
We are not responsible for delays, errors, or issues caused by the payment processor.
7. Content Ownership and Licenses
User Content: You retain ownership of Content you upload to the App. By uploading Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your Content solely for the purpose of operating and promoting the App.
Prohibited Content: You agree not to upload Content that violates these Terms or infringes on the rights of others.
Our Content: All content provided by us, including text, graphics, logos, and software, is our property or the property of our licensors and is protected by intellectual property laws. You may not use our content without our express written permission.
8. Intellectual Property
You may not use the App to sell or distribute items that infringe on the intellectual property rights of others, including trademarks, copyrights, or patents.
If you believe your intellectual property rights have been violated, please contact us at [insert contact email] with details of the alleged infringement.
9. Termination
You may terminate your account at any time by following the instructions in the App.
We may suspend or terminate your access to the App at our sole discretion, with or without notice, for reasons including but not limited to violation of these Terms, suspected fraud, or inactivity.
Upon termination, your right to use the App will cease, but any obligations related to Transactions or fees will remain in effect.
10. Limitation of Liability
The App is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the App’s availability, functionality, or suitability for your needs.
To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the App, including but not limited to loss of profits, data, or goodwill.
We are not responsible for the actions, omissions, or conduct of Users, including the quality or delivery of goods or services.
11. Indemnification
You agree to indemnify and hold harmless [Your Company Name], its affiliates, officers, employees, and agents from any claims, losses, or damages, including legal fees, arising from your use of the App, your violation of these Terms, or your infringement of any third-party rights.
12. Privacy
Your use of the App is subject to our Privacy Policy [link to Privacy Policy], which explains how we collect, use, and protect your personal information.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of [Your Jurisdiction, e.g., the State of California, USA].
Any disputes arising from these Terms or your use of the App will be resolved through binding arbitration in [Your Jurisdiction], in accordance with the rules of [e.g., the American Arbitration Association]. You waive your right to participate in class action lawsuits.
Notwithstanding the above, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or enforce these Terms.
14. Changes to These Terms
We may update these Terms from time to time at our sole discretion. We will notify you of material changes via the App or by email.
Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms.
15. Miscellaneous
Entire Agreement: These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the App.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms at our discretion.
