Terms & Conditions

Terms & Conditions

Last Updated: April 30, 2020

TERMS FOR BUYERS

BACKGROUND:

These Terms for Buyers, together with any and all other documents referred to herein, set out the terms under which Users (“Buyers”) buy from Sellers on Our Marketplace. Please read these Terms for Buyers carefully and ensure that you understand them before purchasing anything on Our Marketplace. You will be required to read and accept these Terms for Buyers when you make a purchase. If you do not agree to comply with and be bound by these Terms for Buyers, you will not be able to purchase anything on Our Marketplace. These Terms for Buyers, as well as any and all contracts are in the English language only.

1. Definitions and Interpretation
1.1 In these Terms for Buyers, unless the context otherwise requires, the following expressions have the following meanings:

“Account”
means an account required to access and/or use certain areas of Our Website or Mobile App, including Our Marketplace;
“Buyer”
means a User who makes a purchase on Our Marketplace;
“Content”
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Website or Mobile App;
“Listing”
means a listing on Our Marketplace advertising an item or items for sale;
“Marketplace”
means Our platform for Buyers and Sellers on Our Website or Mobile App;
“Our Website or Mobile App”
means the website, www.onegoodthing.app, or the OneGoodThing mobile app downloaded from either the Apple or Google Play App Stores;
“Payment Service”
means the payment service provided by Stripe;
“Seller”
means a User who sells on Our Marketplace;
“Third Party Payment Service Provider”
means Stripe Inc, a company registered in the United States of America, whose registered address is 3180 18th Street San Francisco, CA 94110 United States, and whose website is www.stripe.com;
“User”
means a user of Our Website or Mobile App;
“User Content”
means any Content added to Our Website or Mobile App by a User;
“We/Us/Our”
means One Good Thing Ltd., a limited company registered in England under company number 11994267, whose registered address is OneGoodThing (c/o Notjustnumbers), 5 Carrwood Park, Selby Road, Leeds, LS15 4LG.

2. Information About Us
2.1 Our Website or Mobile App is owned and operated by Us.
2.2 We are currently not VAT registered.

3. Access to and Use of Our Website or Mobile App
3.1 Access to Our Website or Mobile App is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Website or Mobile App.
3.3 Access to Our Website or Mobile App is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Website or Mobile App (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Buyers, We will not be liable to you in any way if Our Website or Mobile App (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Website or Mobile App is also subject to Our Terms of Use and Terms for Sellers. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions
You may only make purchases on Our Marketplace if you are at least 18 years of age.

5. Our Marketplace
Our Marketplace is provided solely as an online venue for Buyers and Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:
5.1 You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Seller in question, and your contract is with that Seller;
5.2 We will not be a party to any dispute between you and any Seller or another Buyer. Any claims must be made directly against the party concerned;
5.3 We do not necessarily pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and

6. Intellectual Property Rights
6.1 The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Website or Mobile App, including any and all User Content submitted to Our Marketplace.
6.2 Buyers must, at all times, respect the intellectual property rights of Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

7. Buyer Rules and Acceptable Usage Policy
7.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
7.1.2 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
7.1.4 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
7.1.5 you must always provide accurate, honest information to Sellers on Our Marketplace; and
7.1.6 you must not engage in any form of price fixing with other Users (including Sellers and Buyers).
7.2 When using Our Marketplace, you must not submit anything, or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Buyers. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Marketplace;
7.3.2 issuing you with a written warning;
7.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
7.3.4 further legal action against you as appropriate;
7.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
7.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Buyers.

8. Purchasing from Sellers
8.1 As set out above in Clause 5, all transactions on Our Marketplace are between Buyers and Sellers only. We are not a party to such transactions.
8.2 When making a purchase from a Seller, you expressly agree that:
8.2.1 You have read the description and all details, including any ingredients and allergy information, within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Seller;
8.2.2 You will pay for the item(s) purchased in full and on time, using one of the Seller’s accepted payment methods via Our Payment Service, details of which are provided below in Clause 9; and
8.2.3 You have provided complete and accurate details to the Seller.

9. Payment Service
9.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe, Our Third Party Payment Service Provider.
9.2 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
9.3 The Payment Service works with all major debit and credit cards, including:
9.3.1 Visa, Mastercard, Maestro, American Express
9.3.2 Apple Pay, Android Pay
9.4 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Website or Mobile App.
9.5 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

10. Payments to Sellers
10.1 All payments are processed using the Payment Service described above in Clause 9.
10.2 If you do not pay, the Seller may cancel the transaction. Please refer to Clause 15 for more information on the Seller’s cancellation rights.
10.3 We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

11. Taxes
11.1 It is the responsibility of Sellers to collect and pay taxes on any sales made through Our Marketplace.
11.2 Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.
11.3 If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Marketplace.
11.4 For further information on VAT and other taxes in your location, please contact your local tax authority.

12. Problems with Transactions and Your Rights
12.1 By law, Sellers must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, and in accordance with any information that the Seller has provided to you (unless the Seller has made you aware of any differences).
12.2 If items do not conform with the requirements outlined in sub-Clause 13.1 and, for example, have faults when you receive them, you must contact the Seller as soon as reasonably possible to inform the Seller of the problem. The following remedies will be available to you:
12.3 Refunds under this Clause 12 must be issued within 24 hours of the day on which the Seller agrees that you are entitled to a refund.
12.4 Any and all refunds under this Clause 12 must include all costs paid by you when the item(s) was/were originally purchased.
12.5 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

13. Further Transaction Cancellation Rights
13.1 The Seller has the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
13.1.1 You and the Seller have mutually agreed to cancel the transaction before the item(s) are delivered;
13.1.2 You and the Seller have mutually agreed to cancel the transaction following receipt by you of the item(s) and you have returned the item(s) to the Seller;
13.1.3 You have failed to pay;
13.1.4 The Seller has chosen to refuse service to you.
13.2 Refunds must be made within 48 hours of:
13.2.1 the date on which you and the Seller agree the cancellation, under sub-Clauses 13.1.1 and 13.1.2; or
13.2.2 the date on which the Seller informs you that they are cancelling the transaction, under sub-Clauses 13.1.3 and 13.1.4.

14. Your Account Cancellation Rights
14.1 You may close your Account at any time by emailing your request to close your account to support@onegoodthing.app.
14.2 Any outstanding sums due and payable to any Seller(s) will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.

15. Our Liability to You
15.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. Furthermore, as stated in sub-Clause 5.2, We do not necessarily pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any item(s) purchased from Sellers on Our Marketplace. Any claims pertaining to a transaction must be made directly against the Seller concerned.
15.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Buyers or as a result of Our negligence.
15.3 Subject to sub-Clause 16.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
15.4 Nothing in these Terms for Buyers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
15.5 Nothing in these Terms for Buyers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

16. Communication and Contact Details
16.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at support@onegoodthing.app, or by post at OneGoodThing (c/o Notjustnumbers), 5 Carrwood Park, Selby Road, Leeds, LS15 4LG.
16.2 For matters relating to Our Marketplace including, but not limited to, these Terms for Buyers, transactions, Sellers, and other Buyers, please contact Us by email at support@onegoodthing.app, or by post at OneGoodThing (c/o Notjustnumbers), 5 Carrwood Park, Selby Road, Leeds, LS15 4LG.
16.3 For matters relating to cancellations, please contact Us by email at support@onegoodthing.app, or by post at OneGoodThing (c/o Notjustnumbers), 5 Carrwood Park, Selby Road, Leeds, LS15 4LG, or refer to the relevant Clauses above.

17. Data Protection
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy www.onegoodthing.app/privacy-policy.
17.3 Sellers may also collect, hold, and process your personal information in the course of transactions (for example, your name, and email address). Sellers are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.
17.4 You must only use the personal data of other Users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.

18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms for Buyers to a third party (this may happen, for example, if We sell Our business).  Your rights under these Terms for Buyers will not be affected and Our obligations under these Terms for Buyers will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms for Buyers without Our express written permission.
18.3 If any of the provisions of these Terms for Buyers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Buyers.  The remainder of these Terms for Buyers shall be valid and enforceable.
18.4 No failure or delay by Us in exercising any of Our rights under these Terms for Buyers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Buyers means that We will waive any subsequent breach of the same or any other provision.
18.5 We may revise these Terms for Buyers from time to time in response to changes in relevant laws and other regulatory requirements.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

TERMS FOR SELLERS

BACKGROUND:

These Terms for Sellers, together with any and all other documents referred to herein, set out the terms under which Users (“Sellers”) sell on Our Marketplace. Please read these Terms for Sellers carefully and ensure that you understand them before selling on Our Marketplace. You will be required to read and accept these Terms for Sellers when creating a user account and setting yourself up as a Seller on Our Website or Mobile App. If you do not agree to comply with and be bound by these Terms for Sellers, you will not be able to sell on Our Marketplace. These Terms for Sellers, as well as any and all contracts are in the English language only.

1. Definitions and Interpretation
1.1 In these Terms for Sellers, unless the context otherwise requires, the following expressions have the following meanings:

“Account”
means an account required to access and/or use certain areas of Our Website or Mobile App, including Our Marketplace;
“Buyer”
means a User who makes a purchase on Our Marketplace;
“Content”
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Website or Mobile App;
“Listing”
means a listing on Our Marketplace advertising an item or items for sale;
“Marketplace”
means Our platform for Buyers and Sellers on Our Website or Mobile App;
“Our Website or Mobile App”
means the website, www.onegoodthing.app, or the OneGoodThing mobile app downloaded from either the Apple or Google Play App Stores;
“Payment Service”
means the payment service provided by Stripe;
“Payment Service Account”
means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;
“Seller”
means a User who sells on Our Marketplace;
“Third Party Payment Service Provider”
means Stripe Inc, a company registered in the United States of America, whose registered address is 3180 18th Street San Francisco, CA 94110 United States, and whose website is www.stripe.com;
“Transaction Fee”
means a percentage fee applied to each sale made on Our Marketplace;
“User”
means a user of Our Website or Mobile App;
“User Content”
means any Content added to Our Website or Mobile App by a User;
“We/Us/Our”
means One Good Thing Ltd., a limited company registered in England under company number 11994267, whose registered address is OneGoodThing (c/o Notjustnumbers), 5 Carrwood Park, Selby Road, Leeds, LS15 4LG.

2. Information About Us
2.1 Our Website or Mobile App is owned and operated by Us.
2.2 We are currently not VAT registered.

3. Access to and Use of Our Website or Mobile App
3.1 Access to Our Website or Mobile App is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Website or Mobile App.
3.3 Access to Our Website or Mobile App is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Website or Mobile App (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Sellers, We will not be liable to you in any way if Our Website or Mobile App (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Website or Mobile App is also subject to Our Terms of Use and Terms for Buyers. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions
You may only sell on Our Marketplace if you are at least 18 years of age.

5. Our Marketplace
Our Marketplace is provided solely as an online venue for Buyers and Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:
5.1 Buyers are not making purchases from Us and are not entering into a contract with Us. A Buyer’s purchase is from you, and their contract is with you;
5.2 We will not be a party to any dispute between you and any Buyer or another Seller. Any claims must be made directly against the party concerned;
5.3 We do not pre-screen Sellers or any items that you advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and

6. What Can and Cannot be Sold on Our Marketplace
6.1 The following are permitted on Our Marketplace:
6.1.1 Dishes/Meals
6.1.2 Dishes/Meals that also include other items e.g. drinks.
6.2 The following are not permitted on Our Marketplace:
6.2.1 Alcohol or any items that would require ID to be purchased.
6.2.2 Any non-food or drink items.
6.2.3 Drink items on their own, not part of a dish/meal.
6.3 We reserve the right to remove any Listing that breaches the provisions of this Clause 6. If We do so, please note that Transaction Fees are non-refundable. In addition, We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.

7. Descriptions Policy
When selling on Our Marketplace, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:
7.1 you must accurately describe the item you are selling in a way that is clear for the Buyer to understand;
7.2 you must clearly state all ingredients included in the item;
7.3 you must clearly state all allergens included in the item;
7.4 you may only describe something as being made or done by you if that is truly the case. If any other party is involved, your Listing must state and describe their involvement;
7.5 photographs must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;
7.6 you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 8 for more information on intellectual property rights);
7.7 your Listing must not advertise alternate locations from which your items can be purchased, thereby avoiding Our Transaction Fees.
7.8 you must update the Website or Mobile App when there are changes to the item, including but not limited to the description, photos, videos, ingredients, and allergens.
7.9 you must inform a Buyer immediately if they have purchased an item to which there have been changes where they have not been informed, and respect their right to cancel subject to clause 17.

8. Intellectual Property Rights
8.1 The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Website or Mobile App, including any and all User Content submitted to Our Marketplace in Listings.
8.2 Sellers must, at all times, respect the intellectual property rights of other Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
8.3 If you feel that another User (whether they are another Seller or a Buyer or otherwise) has infringed your intellectual property rights in any way, please contact Us at support@onegoodthing.app.
8.4 If another party contacts Us accusing you of infringing their intellectual property rights:
8.4.1 We will contact you to inform you of the complaint;
8.4.2 We may remove the User Content that is the subject of the complaint;
8.4.3 if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
8.4.4 you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.

9. Seller Rules and Acceptable Usage Policy
9.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 9. Specifically:
9.1.1 you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) you wish to sell);
9.1.2 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
9.1.3 you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
9.1.4 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
9.1.5 you must always provide accurate, honest information about yourself and any and all items that you are selling on Our Marketplace;
9.1.6 you must state the price of an item accurately and clearly, and must not change it in order to avoid paying the applicable Transaction Fee; and
9.1.7 you must not engage in any form of price fixing with other Users (including Sellers and Buyers).
9.2 When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:
9.2.1 is sexually explicit;
9.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
9.2.3 promotes violence;
9.2.4 promotes or assists in any form of unlawful activity;
9.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
9.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.2.7 is calculated or is otherwise likely to deceive;
9.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
9.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.2);
9.2.10 implies any form of affiliation with Us where none exists;
9.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
9.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms for Sellers. Further actions We may take include, but are not limited to:
9.3.1 removing your Listing(s) from Our Marketplace;
9.3.2 issuing you with a written warning;
9.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
9.3.4 further legal action against you as appropriate;
9.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
9.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Sellers.

10. Transaction Fees
10.1 A Transaction Fee of 10% of the price of each item sold will apply to each sale. Transaction Fees are calculated based on the total sale value, including any delivery charges should they apply.
10.2 Any and all actions designed to avoid the payment of any fees described in these Terms for Sellers are strictly prohibited.
10.3 At our discretion, We may offer you a special Transaction Fee transaction, e.g. 0% or 5% instead of the usual 10% for a period of time after launching within a particular city. We reserve the right to change either the special transaction, or regular transaction fee percentage and will endeavour to notify you before any change.

11. Payment Service
11.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe, Our Third Party Payment Service Provider.
11.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before taking payments from Buyers on Our Marketplace.
11.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
11.4 The Payment Service works with the following payment methods:
11.4.1 Visa, Mastercard, Maestro, American Express
11.4.2 Apple Pay, Android Pay
11.5 The Payment Service provider has their own transaction charge which they may change from time to time. Currently this is 1.4%+20p per transaction.
11.6 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Website or Mobile App.
11.7 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

12. Payments from Buyers
12.1 All payments are processed using the Payment Service described above in Clause 11.
12.2 When a Buyer pays for an item, their payment will be credited to your Payment Service Account straight away, minus Our Transaction Fee.
12.3 If a Buyer does not pay, you may cancel the transaction. Please refer to Clause 18 for more information on your cancellation rights.
12.4 We will not make any Buyers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

13. Payments to Us
13.1 All sums due to us are automatically taken at the time of the transaction.
13.2 If you believe that We have charged you an incorrect amount, please contact Us at support@onegoodthing.app as soon as reasonably possible to let Us know.

14. Taxes
14.1 It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.
14.2 Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.
14.3 Value added tax (“VAT”) may be charged to Buyers on purchases and to Sellers on fees payable to Us.
14.4 If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Marketplace.
14.5 For further information on VAT and other taxes in your location, please contact your local tax authority.

15. Delivery
15.1 You must deliver the item(s) as close to the time chosen by the Buyer upon ordering as is reasonably possible.
15.2 You must ensure that you delivery item(s) to the correct Buyer. It is your responsibility to ensure that the order details match those provided by the Buyer. If items are delivered to an incorrect Buyer, it is your responsibility not the Buyers.
15.3 You are responsible for delivering items to Buyers upon receipt of payment. It is the Buyers responsibility to collect the items from Sellers
15.4 It is strongly recommended that you ask to see proof of purchase from the Buyer by asking to see their order confirmation within the Website or Mobile App. Such proof will be important in the event that a Buyer claims to have not received the item(s) from you.
15.5 Once an item has been delivered to a Buyer, you must mark the order has “Collected” with the Website or Mobile App.

16. Problems with Transactions and Buyers’ Rights
16.1 By law, you must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that you provide to the Buyer, and that matches any images or photos that you have made available to the Buyer (unless you have made the Buyer aware of any differences).
16.2 If items do not conform with the requirements outlined in sub-Clause 16.1 and, for example, have faults or are damaged when the Buyer receives them, the Buyer must contact you as soon as reasonably possible to inform you of the problem. The following remedies will be available to the Buyer:
16.2.1 Beginning on the day that the Buyer receives the item(s), if the item(s) is/are goods, the Buyer has a 24 hours to reject them and to receive a full refund if they do not conform.
16.2.2 If the Buyer does not wish to reject the item(s), the Buyer may request a replacement. You must bear the costs and must carry out the replacement within a reasonable time and without significant inconvenience to the Buyer. If a replacement is impossible or disproportionately difficult, you may offer the Buyer the alternative option (i.e. an alternative item) or a full refund.
16.2.3 If, after a replacement, the item(s) still do not conform (or if you cannot replace it/them, as described above, or if you have failed to act within a reasonable time or without significant inconvenience to the Buyer), the Buyer will have the right to a refund.
16.3 Refunds under this Clause 16 must be issued within 7 calendar days of the day on which you agree that the Buyer is entitled to a refund. OneGoodThing transaction fees are only returned if a refund is actioned within 24 hours from the original transaction date and time.
16.4 Any and all refunds under this Clause 16 must include all delivery costs paid by the Buyer when the item(s) was/were originally purchased.
16.5 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

17. Further Transaction Cancellation Rights
17.1 You have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
17.1.1 You and the Buyer have mutually agreed to cancel the transaction before the item(s) is/are dispatched;
17.1.2 You and the Buyer have mutually agreed to cancel the transaction following receipt by the Buyer of the item(s) and the Buyer has returned the item(s) to you;
17.1.3 The Buyer has not paid; or
17.1.4 You have chosen to refuse service to the Buyer.
17.2 Refunds must be made within 7 days of:
17.2.1 the date on which you and the Buyer agree the cancellation, under sub-Clauses 17.1.1 and 17.1.2; or
17.2.2 the date on which you inform the Buyer that you are cancelling the transaction, under sub-Clauses 17.1.3 and 17.1.4.

18. Your Account Cancellation Rights
18.1 You may close your Account and cancel your agreement with Us by emailing your request to cancel to support@onegoodthing.app.
18.2 Any outstanding sums due and payable to Us (including, but not limited to Transaction Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.
18.3 If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:
18.3.1 We have breached these Terms for Sellers in a material way and fail to remedy the breach within 21 days of you asking Us to do so in writing; or
18.3.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or
18.3.3 We change our service or these Terms for Sellers to your material disadvantage; or
18.3.4 We are adversely affected by an event outside of Our control that continues for more than 21 days (as under sub-Clause 20.2.5).

19. Our Liability to You
19.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers.
19.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Sellers or as a result of Our negligence.
19.3 Subject to sub-Clause 19.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
19.4 Nothing in these Terms for Sellers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
19.5 Nothing in these Terms for Sellers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

20. Events Outside of Our Control (Force Majeure)
20.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
20.2 If any event described under this Clause 20 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
20.2.1 We will inform you as soon as is reasonably possible;
20.2.2 Our obligations under these Terms for Sellers will be suspended and any time limits that We may be bound by will be extended accordingly;
20.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary;
20.2.4 If the event outside of Our control occurs and continues for more than 21 days and you wish to exercise your right to cancel under sub-Clause 18.3.4, you may do so by emailing your request to cancel your account to support@onegoodthing.app.

21. Communication and Contact Details
21.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at support@onegoodthing.app, or by post at OneGoodThing (c/o Notjustnumbers), 5 Carrwood Park, Selby Road, Leeds, LS15 4LG.
21.2 For matters relating to Our Marketplace including, but not limited to, these Terms for Sellers, transactions, Buyers, and other Sellers, please contact Us by email at support@onegoodthing.app, or by post at OneGoodThing (c/o Notjustnumbers), 5 Carrwood Park, Selby Road, Leeds, LS15 4LG.
21.3 For matters relating to cancellations, please contact Us by email at support@onegoodthing.app, or by post at OneGoodThing (c/o Notjustnumbers), 5 Carrwood Park, Selby Road, Leeds, LS15 4LG, or refer to the relevant Clauses above.

22. Data Protection
22.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
22.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy at www.onegoodthing.app/privacy-policy.
22.3 As a Seller, you will also collect, hold, and process Buyers’ personal information in the course of transactions (for example, buyers’ names and email addresses). You must have your own privacy policy in place to govern your collection, processing, and holding of Buyers’ personal data. Sellers are, therefore, also considered data controllers under the GDPR and you will be responsible for complying with your legal obligations and protecting Buyers’ rights under the GDPR. You must only use the personal data of other Users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.
22.4 If a Seller and Us are found to be joint data controllers of any Buyers’ personal data, and We are sued, fined, or otherwise incur any expense because of something you have done with a Buyer’s personal data, you agree to indemnify Us for any expenses incurred by Us in connection with your actions in respect of that personal data. Further details of the requirements of the GDPR can be obtained from the Information Commissioner’s Office.

23. Other Important Terms
23.1 We may transfer (assign) Our obligations and rights under these Terms for Sellers to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms for Sellers will not be affected and Our obligations under these Terms for Sellers will be transferred to the third party who will remain bound by them.
23.2 You may not transfer (assign) your obligations and rights under these Terms for Sellers without Our express written permission.
23.3 If any of the provisions of these Terms for Sellers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Sellers.  The remainder of these Terms for Sellers shall be valid and enforceable.
23.4 No failure or delay by Us in exercising any of Our rights under these Terms for Sellers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Sellers means that We will waive any subsequent breach of the same or any other provision.
23.5 We may revise these Terms for Sellers from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Sellers are to your material disadvantage, you may cancel as set out in sub-Clause 18.3.3.

24. Law and Jurisdiction
24.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
24.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 24.1 above takes away or reduces your rights as a consumer to rely on those provisions.
24.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
24.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

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