Marketplace Terms and Policies

This website is operated by Jollee, a trading name of Jollee Ltd, a company registered in England and Wales. Our full company details can be found at the foot of our website and in our Terms of Use.

The following legal terms and policies apply to the use of this website and its services:

Terms of Use – the terms of use apply to all visitors to the website and set out how our website and its content and services may be used, including restrictions on the ability to use and copy the content available on the website, and disclaimers

Privacy Policy – the privacy policy applies to all visitors to the website and describes the types of personal data we may receive and process when you use the website and its services, register an account, purchase goods or services, or contact us. To view the privacy policy, click here.

Terms of Service – the terms of service apply to any person that registers an account and/or purchases any goods or services via the website. You will be required to confirm that you accept the terms of service when registering an account and each time that you make a purchase. To view the terms of service, click here.

Terms of Sale – the terms of sale apply to each purchase of goods and/or services made via the website. Jollee arranges for the sale as marketplace provider and administers the terms of sale but is not the seller of the goods or services available via the website, nor is it responsible for the delivery of those goods or services. More information regarding this arrangement is provided in the terms of sale. To view the terms of sale, click here.

Seller Terms – the seller terms apply to those that register a selling account for the website and apply to the use of that account, the listings created and published by the seller, and the seller’s conduct of sales made via the website. To view the seller terms, click here.

If you have any questions regarding any of these, please do not hesitate to contact us.

Jollee Marketplace Terms of Use

Welcome to Jollee. These Terms of Use govern your access to and use of the Jollee marketplace. By using Jollee, you agree to comply with and be bound by these terms. Please read them carefully.

If you register an account or use any of our services, you also agree to comply with and be bound by our Terms of Service. If you make a purchase via Jollee, you will be required to confirm acceptance of the Terms of Sale.

1. Acceptable Use

Users of Jollee are required to:

  • 1.1 Comply with all applicable laws and regulations when using the website and its content.
  • 1.2 Respect the intellectual property rights, privacy, and personal rights of other users and third parties.
  • 1.3 Refrain from posting any content that is illegal, offensive, defamatory, or in violation of our community guidelines.
  • 1.4 Not engage in any activity that could harm, disable, overburden, or impair our servers or networks.
  • 1.5 Not attempt to gain unauthorized access to any part of the website, other accounts, or any of our computer systems or networks.
  • 1.6 Not use any automated systems or software to extract data from our website without our express written consent.

Jollee reserves the right to suspend or terminate access to users who violate these acceptable use policies.

2. Ownership and Copyright

2.1 All content on Jollee, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Jollee or its content suppliers and is protected by UK and international copyright laws.

2.2 The compilation of all content on Jollee is the exclusive property of Jollee and is protected by UK and international copyright laws.

2.3 Jollee's trademarks and trade dress may not be used in connection with any product or service that is not Jollee's, in any manner likely to cause confusion among customers, or in any manner that disparages or discredits Jollee.

3. Liability

3.1 To the fullest extent permitted by law, Jollee shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way connected with:

  • a) The use or inability to use our services
  • b) Any products or services purchased or obtained through Jollee
  • c) Any errors or omissions in the content of our website
  • d) Unauthorized access to or alteration of your transmissions or data
  • e) Statements or conduct of any third party on our website
  • f) Any other matter relating to Jollee

3.2 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Jollee has been advised of the possibility of such damage.

3.3 In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the greatest extent permitted by law.

4. Privacy

4.1 Our Privacy Policy explains how we collect, use, and protect your personal information when you use Jollee.

4.2 Our Privacy Policy is available here.

5. Registration

5.1 Users must be at least 18 years old to create an account on Jollee.

5.2 Users are responsible for maintaining the confidentiality of their account information, including passwords.

5.3 Users are responsible for all activities that occur under their account.

5.4 Users agree to notify us immediately of any unauthorized use of their account or any other breach of security.

5.5 Jollee reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

5.6 When creating an account, users agree to provide accurate, current, and complete information.

5.7 Users accessing Jollee on behalf of a business or other entity represent that they have the authority to bind that entity to these Terms of Use.

6. Accuracy and Availability

6.1 While we try to make sure that Jollee is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that Jollee will be fit or suitable for any purpose. Any reliance that you may place on the information on Jollee is at your own risk.

6.2 We may suspend or terminate operation of any part of Jollee and its services at any time as we see fit.

6.3 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

6.4 Currently, there are no fees payable for general use of the Jollee website. Jollee reserves the right to introduce fees for certain services in the future.

6.5 If fees are introduced, Jollee will provide prior notice through the website or via email.

7. Linked Sites

7.1 Jollee may contain links to third-party websites or resources.

7.2 These links are provided for user convenience and do not signify that we endorse, sponsor, or have any control over these third-party websites.

7.3 Jollee is not responsible for the content, products, services, or practices of any third-party websites.

7.4 Use of third-party websites is subject to their own terms of use and privacy policies.

7.5 Users access any third-party website linked to Jollee at their own risk.

7.6 We encourage users to be aware when they leave our site and to read the terms and privacy statements of any other site that collects personally identifiable information.

8. User-Generated Content

8.1 Users retain ownership of any content they post on Jollee, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute their content.

8.2 Users represent and warrant that they own or have the necessary licenses, rights, consents, and permissions to publish any content they post on Jollee.

8.3 Users agree not to post any content that:

  • a) Is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties
  • b) Consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"
  • c) Impersonates any person or entity or otherwise misrepresents their affiliation with a person or entity

8.4 Jollee reserves the right (but not the obligation) to remove or edit any user-generated content.

8.5 Jollee does not regularly review posted content but may do so in our sole discretion.

9. Dispute Resolution

9.1 In the event of a dispute between Jollee and a user, we encourage contacting us first at info@jollee.co.uk.

9.2 If the dispute cannot be resolved informally, both parties agree to submit to the exclusive jurisdiction of the courts of England, or another part of the United Kingdom in which you are resident.

10. Applicable Law

10.1 These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of England or another part of the United Kingdom in which you are resident.

10.2 If you are a consumer, you may have certain rights under the laws of your country of residence. These Terms are not intended to limit such consumer rights where they cannot be limited under applicable law.

11. Changes to the Terms

11.1 Jollee reserves the right to update or modify these Terms of Use at any time without prior notice.

11.2 Significant changes will be notified through the Jollee website or via email.

11.3 Continued use of Jollee after any changes constitutes acceptance of the new Terms of Use.

11.4 If you do not agree to the changes, you should discontinue using Jollee.

11.5 We encourage you to review these Terms periodically to stay informed of any updates.

12. Contact Information

For questions about these Terms of Use or anything else related to Jollee, please contact us:

Email: info@jollee.co.uk

We aim to respond to all inquiries within 2 business days.

By using Jollee, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.

Last updated: 7th November 2024

Terms of Service

These Terms of Service represent a legal agreement between you, the legal person (meaning an individual or a body corporate) specified during account set-up and/or the checkout process (you, your) and Jollee Ltd (we, our, us).

By creating an Account, using any of the Services, and/or completing the necessary action to confirm acceptance of the Terms of Service, you expressly agree that you have read and accepted these Terms of Service and the Terms of Service will be legally binding upon you.

We have aimed to make these Terms of Service as simple and plain English as possible but if you have any questions or concerns regarding the content, please contact us and we will aim to assist you.

1. Definitions

1.1 In these Terms of Service, we will use the following capitalised terms, which have the meaning given here:

  • "Account" means a registered user account for access to the Services;
  • "Buyer" means a Jollee Marketplace user acting as a buyer by viewing and purchasing one or more Marketplace Items, subject to these Terms of Service and the Terms of Sale;
  • "Content" means all viewable and/or downloadable content on the Jollee Marketplace, including but not limited to each Marketplace Listing, Marketplace Item, product images, samples, written and/or audio-visual content in any form whatsoever;
  • "Jollee Marketplace" means the website operated by Jollee Ltd, accessible at www.jollee.co.uk;
  • "Marketplace Item" means an item available for purchase via the Jollee Marketplace (whether physical goods, digital goods, services or otherwise), in each case as described in the corresponding Marketplace Listing;
  • "Marketplace Listing" means a listing for one or more Marketplace Item(s), setting out a description of the Marketplace Item, any associated delivery or performance details, the Seller’s details, and any special terms or policies applied by the Seller (for example in relation to redemption, fulfilment, cancellation, returns and/or refunds);
  • "Seller" means a Jollee Marketplace user that is registered to act as a seller of Marketplace Items, subject to the Seller Terms;
  • "Seller Terms" means the terms and conditions applicable to the Sellers and the use of their accounts, creation and publication of Marketplace Listings, and conduct of sales of Marketplace Items;
  • "Services" means the provision by Jollee of the Jollee Marketplace, the administration of the sale and purchase of Marketplace Items and associated payments, in accordance with these Terms of Service and associated terms; and
  • "Terms of Sale" means the terms of sale applicable to each purchase of a Marketplace Item via the Jollee Marketplace, accessible here.

2. Your personal data

2.1 When you access and use the Jollee Marketplace and Services, you may provide us with personal data regarding you and your circumstances. For example, when registering an Account, you will be asked to provide your name, email address and other contact information; and you may provide additional information when acting as a Buyer or Seller. We will hold and process this personal data in accordance with our privacy policy, which you can read here.

2.2 By using the Services, you also agree that personal data relating to you and/or provided by you may be shared with other Jollee Marketplace users that you interact with. In particular, we will need to share information between Buyers and Sellers in relation to transactions entered into between them, to allow for delivery of the Marketplace Items and contact between Buyers and Sellers. We are not responsible for the use of your personal data by other users.

2.3 You agree that we may use the contact information you provide to communicate with you from time to time regarding the Services, Marketplace Items and related goods and services that may be of interest to you. In relation to any general marketing communications, you will be given the option to unsubscribe in each communication we send. This will remove you from the list for such general marketing communications but you may continue to receive specific notifications and updates regarding your Account, the Services and transactions that you have entered into.

3. Account access and licence

3.1 Some of the Services accessible via the Jollee Marketplace will require you to register an Account. By registering an Account you agree that all information provided by you is complete, true and accurate, and that:

  • if acting as a Seller, you are acting in the course of business and will use the Account for your own internal business purposes only;
  • if acting as a Buyer, the Account is for your own personal use and you are at least eighteen (18) years of age; and
  • you are resident in the United Kingdom, as the Jollee Marketplace is only intended for use in the United Kingdom. Any Accounts created and/or orders for Marketplace Items placed from outside of the UK may be cancelled.

3.2 In consideration of you agreeing to abide by these Terms of Service, we grant you a non-transferable, non-exclusive licence to access the Jollee Marketplace, and use the Services, subject to these Terms of Service. We reserve all other rights.

3.3 We may modify or terminate any of the Services or your access to any part of the Services for any reason, without notice, at any time, and without liability to you. Where reasonably practicable to do so, we may give prior notice of any material modifications or termination of any of the Services.

3.4 You are fully responsible to us and to third parties for any activity that occurs through your Account. You agree to keep your Account credentials private and safe. You must not disclose them to any third party. If you become aware, or suspect, that a third party has obtained access to your Account, you must notify us immediately at info@jollee.co.uk. We reserve the right to suspend or permanently disable access to any Account we reasonably believe has been shared with, or accessed by, an unauthorised third party.

3.5 You agree you will not sell, transfer, license, assign or otherwise dispose of any rights in and to your Account or any rights or obligations hereunder.

3.6 You agree to update your Account information as and when necessary to maintain its truth and accuracy.

4. Jollee Marketplace & Account usage restrictions

Except as expressly set out in these Terms of Service, you agree:

  • not to copy the Jollee Marketplace or any Content available via the Jollee Marketplace except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security;
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any part of the Jollee Marketplace or Services (including any software comprised therein);
  • not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Jollee Marketplace or any part of it to be combined with, or become incorporated in, any other programs;
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Jollee Marketplace with another software program, and provided that the information obtained by you during such activities:
    • is used only for the purpose of achieving inter-operability of the Jollee Marketplace with another software program;
    • is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    • is not used to create any software that is substantially similar to the Jollee Marketplace;
  • not to provide or otherwise make available the Jollee Marketplace in whole or in part (including object and source code), in any form to any other person without prior written consent from us; and
  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Jollee Marketplace or any Service.

5. Your use of the services

5.1 You promise to us that any Content that you upload, post, share and/or disclose via the Services is owned by you or licensed to you (with the right to share and sub-license it via the Services), and that you have the right to grant the licences to such Content as per these Terms of Service.

5.2 You must:

  • not use any part of the Jollee Marketplace or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Jollee Marketplace, Services and/or any operating systems;
  • not infringe our intellectual property rights or those of any third party, in relation to your use of the Jollee Marketplace and/or Services, including by the submission of Content;
  • not transmit or post any Content that is defamatory, offensive or otherwise objectionable, including but not limited to Content that includes anything of a violent, pornographic, discriminatory, unlawful, hateful or sexual nature, in relation to your use of the Jollee Marketplace and Services;
  • not use the Services for any illegal purpose or in any way other than in accordance with these Terms of Service and any associated terms applicable to you. You agree to comply with all laws, rules and regulations applicable to your use of the Services and your Content;
  • be solely responsible for your conduct and any Content that you submit, post or display on or via the Services;
  • not create Accounts through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
  • not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Service or any other terms applicable to the use of the Jollee Marketplace and Services;
  • not use the Jollee Marketplace or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • not use, distribute, sub-license or otherwise commercially exploit any Content posted or owned by others for business purposes; and/or
  • not collect or harvest any information or data from any part of the Services or our systems or attempt to decipher any transmissions to or from the servers running the Jollee Marketplace or Services.

6. Interactions with other users

6.1 You understand and agree that we cannot and will not be responsible for the Content posted on the Services by users, or for the conduct of other users, and your use of the Services is entirely at your own risk. In particular, we do not control or pre-screen any Content posted by Sellers (including Marketplace Listings) and do not guarantee or endorse any such Content or the Marketplace Items made available by Sellers.

6.2 We may, but shall have no obligation to, remove, edit, block, and/or monitor Content or Accounts posting Content that we determine in our sole discretion violates these Terms of Service. If you become aware of any Content which you believe may violate these Terms of Service, please contact us immediately at info@jollee.co.uk.

6.3 You are solely responsible for your interaction with other users of the Services. We reserve the right, but shall have no obligation, to monitor or become involved in disputes between you and other users and take such action as we deem necessary.

7. Intellectual property & other rights

7.1 You acknowledge that all intellectual property rights in the Jollee Marketplace and Services anywhere in the world belong to us or our licensors, that rights in the Jollee Marketplace are licensed (not sold) to you, and that you have no rights in, or to, the Jollee Marketplace or Services, other than the right to use each of them in accordance with these Terms of Service.

7.2 You agree not to use our name, logo or any other trade mark owned or used by us without our express written permission. You also agree that you will not (i) use our name, logo or trade marks in any unlawful, offensive or disparaging manner; or (ii) create, register, use or exploit any name that is the same or confusingly similar as ours.

7.3 You acknowledge that you have no right to have access to the Jollee Marketplace in source-code form.

7.4 You remain the legal owner of any Content you upload and post via the Services. By uploading, posting, sharing or disclosing any of your Content via the Services, you grant us a non-exclusive, royalty-free, transferable, sub-licenseable, perpetual, worldwide licence to use, adapt, modify, enhance or create derivative works from such Content, subject to these Terms of Service, as necessary or desirable for the purposes of providing, improving, expanding and promoting the Jollee Marketplace and Services.

7.5 You acknowledge and agree that posting Content via the Services makes such Content available to other users, who may view, interact with and share such Content, whether via the Services or otherwise. We are not responsible for other users’ use of the Content and we disclaim any liability in relation to the same.

7.6 We reserve the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, to comply with certain legal obligations and our contractual obligations. We encourage you to maintain your own backup of your Content and you agree that you will not rely on the Services for backup or storage purposes.

7.7 You agree that your Content is non-confidential and we will not be liable for any use or disclosure of Content via the Services or by other users.

8. Reporting unauthorised Content

8.1 If you believe that any of the Content (including any Marketplace Item and/or Marketplace Listing) infringes upon any copyright or other intellectual property that you own or control, please notify us at info@jollee.co.uk. Your notification should include as much information as possible, including:

  • a full description of the infringing Content, with weblinks or other identifiers to enable us to locate the relevant Content;
  • details of the rights being infringed, including identification of the original work or, in the case of multiple infringing materials, a list of the works; and
  • your contact information, so that we are able to respond to you.

8.2 We will review any notification of infringement as quickly as possible and let you know if further information is required. If we are satisfied that a notification contains the required information and meets our policy requirements, we will remove or disable the relevant Content.

8.3 The notification and review process described above does not constitute a legal process or legal advice. In removing or disabling Content, or refusing to do so, we are not making a legal determination as to whether any Content does in fact infringe the rights of any third party.

8.4 There may be a specific legal notification process in your jurisdiction, which you may follow as an alternative to this process and we will do our best to co-operate with such notification process in accordance with the law.

9. Warranties disclaimer

9.1 The Jollee Marketplace and Services, and all Content and materials contained or available therein, are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither we nor any of our group companies, employees, officers or agents, make any representations or warranties of any kind, whether express or implied, as to:

  • the Services;
  • any user Content, including Marketplace Items, Marketplace Listings, and associated descriptions; or
  • any Marketplace Item purchased, including as to quality and/or fitness for purpose of such Marketplace Items (for your rights in relation to Marketplace Items, please review the Terms of Sale and the particular Marketplace Listing for that Marketplace Item).

9.2 The Jollee Marketplace and Services provide a marketplace, connecting Sellers and Buyers and facilitating the sale of Marketplace Items, but we do not own or control the Marketplace Items and do not accept any liability or responsibility for them or their use. The Marketplace Listings are uploaded and made available at the discretion of the applicable Seller. There is no guarantee that such Marketplace Listings and/or Marketplace Items will be or remain available, and Seller policies regarding availability, ordering, delivery and returns may change from time to time.

10. Liability

10.1 Subject to any alternative liability provisions in the other terms and conditions applicable to your use of the Jollee Marketplace and Services, and except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

  • losses that:
    • were not foreseeable to you and us when these Terms of Service were formed; or
    • that were not caused by any breach on our part; or
  • any loss of profit, business, revenue, contracts, business opportunity, anticipated savings or wasted expenditure.

11. Termination

11.1 Without prejudice to our other rights and remedies under these Terms of Service and in law, we may suspend or terminate our contract with you and delete your Account immediately by written notice to you:

  • if you commit a material or persistent breach of these Terms of Service and/or the Terms of Sale or Seller Terms (depending on which is applicable to you); or
  • if you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, make any voluntary arrangement with your creditors or become subject to an administration order or serve notice of administration, or have a receiver, manager or administrative receiver appointed over your assets or (being an individual) shall become bankrupt or (being a company) shall have a winding-up order made or shall go into liquidation.

11.2 On termination for any reason:

  • all rights granted to you under these Terms of Service shall cease and you must immediately cease all activities authorised by these Terms of Service, including your access to any Account(s) and/or use of any Services;
  • we may deactivate and/or delete your Account and you agree not to attempt to access your Account, or create any other user account without our prior written consent;
  • if you are a Buyer, you will be responsible for dealing directly with the Seller(s) in connection with any Marketplace Items purchased by you prior to access to your Account being terminated; and
  • if you are a Seller, we will cease offering your Marketplace Items for sale via the Jollee Marketplace and shall settle any outstanding payments due to you as soon as reasonably practicable following termination (subject to any deduction or withholding we may be required or entitled to make).

12. Other important terms

12.1 If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.2 Each of the clauses in these Terms of Service operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

12.3 We shall have no liability to you for any breach of these Terms of Service caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

12.4 Except as expressly provided elsewhere in these Terms of Service, no one other than a party to these Terms of Service has any right to enforce any of these Terms of Service.

12.5 We reserve the right to vary any of these Terms of Service from time to time. Our updated terms will be displayed on the Jollee Marketplace and by continuing to use and access the Jollee Marketplace following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Service from time to time to verify such variations.

12.6 These Terms of Service and any dispute arising out of or in connection with them shall be subject to English law. If either party wants to take court proceedings, the English courts will have exclusive jurisdiction in relation to these Terms of Service. This is subject to any right that you have as a consumer to have any dispute settled in another part of the United Kingdom in which you reside.

12.7 If applicable, and to the extent permissible by law, each of us (i) waives any right we may have to trial by jury; and (ii) agrees that any claim shall be brought individually and not via any purported class or representative action.

Terms of Sale

1. Definitions

1.1 In these Terms of Sale, we will use the following capitalised terms, which have the meaning given here:

Account" means a registered user account for access to the Services;

Buyer, you, your" means the legal person placing the Order, subject to these Terms of Sale and the Terms of Service;

Jollee Marketplace" means the website operated by Jollee Ltd, accessible at www.jollee.co.uk;

Marketplace Item" means the goods and/or services being purchased from the Seller by the Buyer, as shown in the Order;

Marketplace Listing" means the listing(s) displayed on the Jollee Marketplace for the Marketplace Item(s), setting out a description of the Marketplace Item, any associated delivery or performance details, the Seller’s details, and any special terms or policies applied by the Seller (for example in relation to redemption, fulfilment, cancellation, returns and/or refunds);

Order" means an order for Marketplace Item(s), placed via the Jollee Marketplace with an obligation to pay, by completing the checkout process and confirming acceptance of these Terms of Sale;

Seller" means the seller of Marketplace Items, as specified in the Marketplace Listing;

Services" means the provision by Jollee Ltd of the Jollee Marketplace and the administration of Orders and associated payments, in accordance with the Terms of Service and these Terms of Sale; and

Terms of Service" means the terms of service applicable to your use of the Services, accessible here.

2. Jollee’s role as marketplace provider

2.1 Jollee Ltd (we, our, us) acts as a marketplace provider, facilitating the purchase and sale of goods and services between Buyers and Sellers by providing the Services, as per the Terms of Service. We assist the Seller by arranging the sale and taking payment on their behalf but we are not responsible for the Marketplace Item(s) or the delivery or performance of the contract being entered into.

2.2 By placing an Order, you agree that you are offering to purchase the Marketplace Item(s) shown in the Order from the Seller, subject to these Terms of Sale and the information shown in the Marketplace Listing, which may include delivery and performance conditions, age, usage and/or redemption conditions and restrictions, and policies regarding cancellations, returns and refunds.

2.3 These Terms of Sale apply for the benefit of the Seller whose Marketplace Items you purchase and the Seller is entitled to enforce these Terms of Sale against you directly. You are also entitled to enforce these Terms of Sale directly against the Seller.

2.4 Sellers may impose their own terms and conditions in connection with the supply of certain Marketplace Items (Special Terms). If this is the case, those Special Terms will be presented to you at the point of placing an Order and by placing an Order you accept those Special Terms. In the event of any conflict between these Terms of Sale and the Special Terms, the Special Terms shall apply rather than the conflicting part(s) of these Terms of Sale, other than in relation to payment for the Order, which shall always be subject to these Terms of Sale.

3. Ordering

3.1 The Services enable you to browse and purchase Marketplace Items. You can raise enquiries with Sellers and obtain quotes and then place an Order by adding Marketplace Items to your basket and completing the checkout process in accordance with the instructions shown on the Jollee Marketplace.

3.2 An Order, when submitted by you, is an offer to purchase the Marketplace Item(s) included in that Order from the Seller(s) of the Marketplace Item(s), based on the information in the Marketplace Listing and in the Order, subject to these Terms of Sale. We will send you an email on behalf of the Seller to acknowledge receipt of your Order.

3.3 Acceptance of your Order by the Seller is deemed to occur when (i) we email you to confirm acceptance; or (ii) we inform you that the Order has been dispatched or made accessible or available. Prior to acceptance, the Seller may reject your Order for any reason. Typical reasons for rejection include (i) the Marketplace Item is no longer available; (ii) payment could not be authorised; (iii) there has been a mistake in the pricing or other information within the Marketplace Listing; or (iv) something else outside of the Seller’s control prevents it from being able to fulfil the Order. When an Order is accepted, this forms a binding Contract between you and the Seller, with us acting on behalf of the Seller.

3.4 Once accepted, an Order cannot be cancelled other than at the direction of the Seller. If you wish to cancel an Order, you should contact the Seller and, if they agree, they will instruct us to cancel the Order and we will act on their instruction.

4. Right to cancel this contract - APPLIES TO CONSUMERS ONLY

4.1 If you have purchased physical goods and you are a consumer (meaning a private individual not acting in the course of any trade, business or profession), you may have the right to cancel the Order within 14 days without giving any reason (Cooling Off Right). If you wish to exercise this right, please contact the Seller.

4.2 The Cooling Off Right is subject to exceptions. In particular, it does not apply to any customised or personalised goods, goods made to your specification, or goods that may deteriorate or expire rapidly (such as food and other perishable items).

4.3 The Cooling Off Right does not apply to any digital goods that are made available for immediate download. You give your consent to such digital goods being made available immediately and understand that you lose the Cooling Off Right by doing so.

4.4 The Cooling Off Right also applies to services but does not apply if (i) you have agreed that the services may start immediately and the services have started; or (ii) the services are to be performed on a specific date or for a specific time period. This means that the Cooling Off Right will not apply to most party event services available via the Jollee Marketplace. If you are unsure whether your purchase is cancellable, please contact the Seller in the first instance.

4.5 If you contact the Seller to exercise the Cooling Off Right, the Seller shall respond to inform you if an exception applies to your Order.

4.6 The Cooling Off Right will expire (i) in relation to physical goods, after 14 days from the day on which the goods (or the last of the goods in the case of multiple deliveries) are delivered to you; or (ii) in relation to digital goods and services, after 14 days from the day on which the Contract is formed.

4.7 If you exercise the Cooling Off Right, you will no longer be entitled to use the Marketplace Item(s) and must return any physical goods to the Seller, in accordance with the instructions given to you by the Seller. You will be responsible for the costs of returning the goods and agree that the Seller may make a reasonable deduction from any refund where the value of the goods is diminished by you handling them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

5. Accuracy of information

5.1 Any Seller and/or Marketplace Item ratings and reviews displayed within the Services represent the views of other users of the Jollee Marketplace and are not independently verified or endorsed by us. You rely on the same at your own risk.

5.2 Despite the Seller’s reasonable efforts, Marketplace Items may occasionally be published at an incorrect price or with incorrect information. If this occurs, the Seller may cancel an Order, even after it has been accepted and payment has been processed, in which case we will refund you.

6. Your information and materials

6.1 You are responsible for ensuring that your Account is complete and up to date and that all information you provide when placing an Order, including delivery and payment information, is complete, true and accurate. The Seller does not accept any responsibility for any failed Order or delivery where you have provided incomplete or incorrect information.

6.2 You agree that your information, as contained in an Order, will be provided by us to the Seller for Order fulfilment and management purposes. We will manage your personal information in accordance with our privacy policy, accessible here. The Seller will handle your personal information in accordance with its own policies and procedures. Details of the Seller’s policy may be referenced in the Marketplace Listing or can be requested by contacting the Seller. We are not responsible for how the Seller holds and processes your information.

6.3 Where you provide any information or materials for use in connection with the Marketplace Item(s), such as any written or audio-visual content, you must ensure that it meets the Content requirements set out in our Terms of Service, any minimum requirements stipulated by the Seller, and that is suitable for the intended use or application. The Seller is not required to review or verify such information and material and does not accept any responsibility for it.

7. Performance and delivery

7.1 Performance and delivery of the Order will be conducted by the Seller in accordance with its practices and the timeframe(s) specified in the Marketplace Listing, Order, or otherwise communicated to you once the Contract is formed.

7.2 If you have any questions or concerns regarding the performance and delivery of any part of an Order, please contact the Seller in the first instance and the Seller shall assist you. If you are unhappy with the Seller’s conduct, please see the complaint and escalation process in clause 11 below.

8. Payment

8.1 You are legally and financially responsible for payment of the price(s) payable for Marketplace Items, together with VAT or any other applicable sales taxes or duties (where applicable).

8.2 We will process payment for and on behalf of Sellers and you agree to hold and maintain a valid method of payment for the Order. We use Stripe (https://stripe.com/gb) for the processing of payments and will not hold payment card information ourselves. You can find information regarding how Stripe manages your data by accessing its privacy notice.

8.3 If any payment made by you is rejected by your bank or card provider, or is subsequently cancelled or subject of a chargeback, you agree to update your payment details and resubmit payment. If you fail to do so, your Order may be cancelled.

8.4 Where any withholding tax applies, and except where processed by us, you agree to pay us the gross amount that would have been received by us if no withholding or deduction applied. You are fully responsible for remitting the withholding tax amount to the appropriate authority and complying with any associated documentation or filing requirements.

8.5 You are responsible for all currency conversion, banking, and transaction costs relating to a purchase made on the Jollee Marketplace.

8.6 If we are instructed to issue a full or partial refund to you, we shall do so to the same payment card as that used to pay for the Order. If that is not possible for any reason, we will contact you to arrange another method for the refund to be made to you.

9. Coupons and promotions

9.1 Where a Seller makes available any coupon code(s) or promotion for the purchase of its Marketplace Item(s), you agree that this shall be subject to those terms and conditions stipulated by the Seller, which may include (i) minimum purchase requirements; (ii) Marketplace Item and/or Buyer eligibility criteria; and/or (iii) validity dates or periods.

9.2 Without prejudice to any conditions imposed by the Seller, you acknowledge and agree that coupons and promotions are (i) not transferable; (ii) subject to availability; (iii) not available as a cash alternative; and (iv) subject to change, suspension or revocation at any time at the Seller’s discretion.

9.3 Coupon codes must be entered during the checkout process and cannot be claimed retrospectively and, unless otherwise stated in the Marketplace Listing, may not be used in conjunction with any other offer or promotion applicable to a Marketplace Item.

10. Faulty goods or services

10.1 As described in clause 9 of the Terms of Service, we do not give any warranty or guarantee in relation to Marketplace Items.

10.2 The Seller warrants to you that:

  • the Marketplace Item will materially correspond with the description given by the Seller, as well as any Marketplace Item preview or sample; and
  • the Marketplace Item will conform with any other express warranties given by the Seller via the Marketplace Listing.

10.3 If you think any Marketplace Item is not as described or is otherwise faulty or incomplete, please contact the Seller in the first instance. The Seller will aim to resolve the issue, for example by (i) providing a repair or replacement; (ii) re-performing the relevant services; or (iii) providing a full or partial refund.

10.4 If you are a consumer, nothing in these Terms of Sale affect any legal rights and remedies you have, including under the Consumer Rights Act. If you are unsure of your legal rights, please visit the Citizens Advice website (citizensadvice.uk) for more information.

10.5 If the Seller fails to resolve an issue in a satisfactory manner, please see the complaint and escalation process in clause 11 below.

11. Escalation of issues and complaints

11.1 If you have any dispute or complaint regarding an Order or Seller, and you have been unable to resolve it with the Seller directly, you can contact us and we will engage with the Seller on your behalf. Please note that we will not act as an arbiter of disputes or make a determination on behalf of the Seller, and we will typically only cancel or refund an Order if instructed to do so by a Seller.

11.2 In some cases, for example where the Seller is non-responsive and/or we have become aware that not the Seller is not acting in compliance with these Terms of Sale or the terms we have agreed with them, we may decide to cancel an Order and/or issue a refund to you, where our terms with the Seller enable us to do so. We will let you know if we decide to do this.

12. Limit on liability to you

12.1 This clause describes our and the Seller’s liability to you under the Contract. If anything in this clause is unclear to you, please contact us and we will aim to clarify for you.

12.2 We are party to these Terms of Sale for the purposes of facilitating the Contract and payment only, and are not otherwise responsible for its performance or for any act or omission of a Seller. We will not be liable in any way for the performance or non-performance of the Contract, other than for any losses or damages that are directly caused by our own negligence or breach of these Terms of Sale.

If you are a consumer:

12.3 Subject to clause 12.2, and except for any legal responsibility that cannot be excluded in law (such as for death or personal injury caused by negligence, or fraud), neither we nor the Seller are legally responsible for:

  • losses that (i) were not foreseeable when the Contract was formed; or (ii) were not caused by any breach by us or the Seller (as applicable); or
  • business losses.

If you are a trader:

12.4 Nothing in this Contract shall limit or exclude the liability of a party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation, or any other act or omission for which liability may not be excluded or limited by law.

12.5 All warranties and conditions (including the conditions implied by ss 13–15 of the Sale of Goods Act 1979), whether expressed or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.

12.6 Subject to clauses 12.2 and 12.4, ours and the Seller’s total liability arising under or in connection with the Contract, whether in tort (including negligence or breach of statutory duty), contract, or otherwise, shall be limited to an amount equal to the value of each Order in which liability has arisen. Neither we nor the Seller shall be liable for any loss of profit, business, business opportunity, goodwill, anticipated savings, loss of or corruption of data (in each case whether direct or indirect), or any indirect or consequential damages.

13. Other important terms

13.1 If we or the Seller fail to insist that you perform any of your obligations under these Terms of Sale, or do not enforce our rights against you, or delay in doing so, that will not mean that we or the Seller have waived our rights against you and will not mean that you do not have to comply with those obligations. If we or the Seller do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.2 Each of the clauses in these Terms of Sale operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

13.3 We and the Seller shall have no liability to you for any breach of these Terms of Sale caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

13.4 We and the Seller shall have no liability to you for any breach of these Terms of Sale caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

13.5 We reserve the right to vary any of these Terms of Sale from time to time. The updated terms will be displayed on the Jollee Marketplace and by placing an Order following any such update, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Sale from time to time to verify such variations.

13.6 The Contract constitutes the whole agreement and understanding between the parties. You acknowledge that you have not relied on any statement, representation, assurance or warranty other than as expressly set out in the Contract.

13.7 These Terms of Sale and any dispute arising out of or in connection with them shall be subject to English law. If a party wants to take court proceedings, the English courts will have exclusive jurisdiction in relation to these Terms of Sale. This is subject to any right that you have as a consumer to have any dispute settled in another part of the United Kingdom in which you reside.

13.8 If applicable, and to the extent permissible by law, each of us (i) waives any right we may have to trial by jury; and (ii) agrees that any claim shall be brought individually and not via any purported class or representative action.

Seller terms

1. Definitions

1.1 In these Seller Terms, we will use the following capitalised terms, which have the meaning given here:

Account means a registered user account for access to the Services as a Seller;

Buyer means the legal person that places an Order;

Jollee Marketplace means the website operated by Jollee Ltd, accessible at www.jollee.co.uk;

Marketplace Item means the goods and/or services you make available for purchase via the Jollee Marketplace, in accordance with these Seller Terms and the Terms of Service;

Marketplace Listing means the listing(s) for the Marketplace Item(s) created and published by you via the Jollee Marketplace, setting out a description of the Marketplace Item, any associated delivery or performance details, your details as Seller, and any special terms or policies applied by you (for example in relation to redemption, fulfilment, cancellation, returns and/or refunds);

Order means an order for Marketplace Item(s), placed via the Jollee Marketplace, subject to the Terms of Sale;

Seller, you, your means the legal person that has registered an Account under these Seller Terms;

Services means the provision by Jollee Ltd of the Jollee Marketplace, and the administration of Orders and associated payments, in accordance with the Terms of Service, the Terms of Sale and these Seller Terms;

Terms of Sale means the terms and conditions applicable to each Order, accessible here; and

Terms of Service means the terms of service applicable to your use of the Services, accessible here.

2. General

2.1 Jollee Ltd (we, our, us) provides the Jollee Marketplace and the Services as a marketplace provider and intermediary only, subject to these Seller Terms, the Terms of Sale, and Terms of Service.

By registering an Account, you represent to us that: (i) you have read, understood and accepted these Seller Terms, the Terms of Sale, and the Terms of Service; and (ii) if registering on behalf of a body corporate or other organization with separate legal identity, you have the requisite authority to bind that entity to these Seller Terms, the Terms of Sale, and the Terms of Service.

3. Registration

3.1 To register as a Seller, you will be required to provide relevant business information to us, including (as applicable) individual or company name, business name, company number, registered office and (if different) trading address, VAT information, and branding. Full details of the information required will be set out in our registration form. We reserve the right to refuse or subsequently revoke registration at our sole discretion.

3.2 You agree to notify us immediately in the event of any change to your circumstances, including any of your email address, business and/or payment information, by contacting info@jollee.co.uk. You can also update certain information within your Account.

4. Use of the Services

4.1 When listing a Marketplace Item for sale via the Jollee Marketplace and creating a Marketplace Listing, you warrant and undertake (for our benefit and the benefit of Buyers) that: (i) you are the legal owner of the Marketplace Item in the case of goods or, in the case of services, you have all necessary rights, licences, consents and approvals to enable you to provide the services; (ii) the Marketplace Listing and Marketplace Item are genuine and available for supply; (iii) the description(s) and specification(s) provided by you shall be and remain complete and accurate and you are legally entitled to publish such information; and (iv) the Marketplace Item will conform to the warranties given for the benefit of the Buyer in clause 10.2 of the Terms of Sale.

4.2 Registering as a Seller does not guarantee that Marketplace Listings you upload will be published within any particular timeframe or at all, will be accessible or viewable at all times, or that any particular sales volume will be achieved.

4.3 We may (but shall not be obliged to) vet any Marketplace Listings published by you and we may require or recommend changes or may decline to publish a Marketplace Listing in our sole discretion, including if it breaches any of the submission guidelines in clause 5. Regardless of whether we vet or review any Marketplace Listing, you remain solely responsible for it and for the associated information provided by you.

4.4 You may withdraw a Marketplace Item from sale at any time. If you do so, the Marketplace Item will no longer be made available for purchase but any existing Orders will remain valid and must be performed by you in accordance with the terms of the Order.

4.5 Your Seller profile information and each Marketplace Listing may not contain any external links to any other store or any site (whether or not belonging to or operated by you), except with our prior written agreement.

5. Submission undertakings

5.1 You agree that each Marketplace Item submitted by you and each associated Marketplace Listing shall meet any submission requirements notified to you by us, including but not limited to the following the following undertakings and promises:

  • you have the right, power and authority to market, promote, sell, supply and provide the Marketplace Item in accordance with these Seller Terms and the Terms of Sale;
  • the Marketplace Listing contains full, complete and accurate details of the Marketplace Item;
  • the Marketplace Listing contains any information relevant to the purchase, supply, performance and/or use of the Marketplace Item that the Buyer may reasonably expect to receive prior to placing an Order;
  • the Marketplace Item shall be of satisfactory quality, conform to the description(s) and specification(s) you provide, and conform to the warranties given for the benefit of the Buyer in clause 10.2 of the Terms of Sale;
  • you will use best efforts to meet any delivery or performance date(s) specified in the Marketplace Listing, Order, or otherwise agreed between you and the Buyer;
  • digital goods shall not be corrupted or contain any malicious code or materials;
  • the Marketplace Listing shall not be AI generated or contain any AI generated content unless you have vetted the content and confirmed that it is complete, true and accurate and does not infringe any third party rights;
  • images of the Marketplace Item are an accurate representation of the Marketplace Item and have not been photoshopped or AI generated unless this is clearly brought to the Buyer’s attention within the Marketplace Listing;
  • the Content within the Marketplace Listing conforms to the Content standards shown in clause 5.2 of the Terms of Service;
  • the Marketplace Listing uses appropriate submission tags;
  • your submission does not include repetitive or irrelevant keywords, or anything illegal, defamatory, offensive, or any expletives;

5.2 You should not re-submit the same Marketplace Item(s) if they are rejected or removed by us, unless you have addressed any issues or defects identified by us. You must not re-add any keywords removed or rejected by us or modify any admin-edited captions.

5.3 Failure to meet the submission requirements may result in the rejection or subsequent removal of your Marketplace Listing and, in the case of repeated failures, may result in the suspension or termination of your Account.

6. Marketplace Item sales and compliance

6.1 By listing a Marketplace Item on the Jollee Marketplace, you are authorizing us to market and sell that Marketplace Item on your behalf.

6.2 Where a Buyer places an Order for a Marketplace Item, we will acknowledge that Order on your behalf in accordance with the Terms of Sale and provide the Order information to you for processing. You undertake and represent that you have reviewed the Terms of Sale are able and willing to supply the Marketplace Items on the basis set out therein, and give us full power and authority to bind you to the Contract (as defined in the Terms of Sale).

6.3 You may incorporate your own terms and conditions applicable to the sale and supply of certain Marketplace Items (Special Terms) into your Marketplace Listings by following the instructions on the Jollee Marketplace. Where you do so, such Special Terms shall apply to any Order placed for the relevant Marketplace Item(s). You agree that any Special Terms imposed by you shall (i) be clearly written in plain English; (ii) be reasonable and comply with applicable laws and regulations, including the Consumer Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to the extent applicable; and (iii) not conflict with the rights and obligations set out in the Terms of Sale.

6.4 If you become aware that any Order has been placed subject to inaccurate information, including inaccurate pricing, you agree to promptly notify us. We will agree the appropriate course of action with you, which may include (i) contacting the Buyer(s) with the accurate information to enable them to decide whether to proceed with the Order; (ii) proceeding with the Order based on the information already provided to the Buyer; or (iii) cancelling the Order and refunding the Buyer.

6.5 You are solely responsible for ensuring that your Marketplace Items and Marketplace Listings, and your supply of the Marketplace Items, conform with all applicable laws and regulations in the jurisdiction(s) in which they are marketed and supplied. In particular, but without limiting the generality of the foregoing:

  • the Marketplace Listing shall conform to all applicable advertising laws and regulations and shall not contain any misleading information;
  • goods shall conform to all applicable manufacturing, certification, labelling and packaging requirements; and
  • you shall comply with all applicable consumer laws and regulations, including the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including by providing all necessary pre-contract information and enabling the Buyer to exercise their right to cancel where applicable.

7. Handling of payments

7.1 You agree to appoint us as your sole and exclusive payment processing provider in connection with Orders placed via the Services. We will process payment of the sales price of each Marketplace Item (including any VAT or analogous sales tax) on your behalf via Stripe and remit such payments to you after deduction of our Revenue Share (see clause 8 below). You agree that the pricing set by you will be genuine and you will not engage in any unfair pricing practices.

7.2 You agree to ensure that the payment information we hold for you is complete and accurate and remains so at all times. We will not be liable for any non-receipt by you of payments if you have provided incomplete or inaccurate information.

7.3 We will typically remit payment as and when received from the Buyer, subject to Stripe’s processing times. However, we reserve the right to (i) place a hold on all or part of any payment for up to fifteen (15) days from the payment date; (ii) require a minimum amount to be held in reserve at all times; and/or (iii) require you to provide a secondary payment method to us, in each case as security against any cancellations and/or refunds that may be due to Buyers.

7.4 We will use reasonable endeavours to debit payment from the Buyer in accordance with these Terms but shall not be liable for any delay in payment, including but not limited to delays caused by inaccurate or invalid payment information, banking errors or unavailability, lack of sufficient funds, or otherwise. We are not liable to make any payment to you unless and until we are in receipt of cleared funds from the Buyer.

7.5 If a Buyer defaults on any payment obligations, we shall take reasonable steps to notify them and require them to make payment via the Services but shall not be liable to you if they fail to do so. You have the ability to cancel an Order if a Buyer fails to pay and/or to take enforcement action against the Buyer pursuant to the Terms of Sale.

7.6 Where a refund is paid to a Buyer, or a transaction is cancelled, reversed or subject of a chargeback, you agree that we may deduct from any funds held by us, or from any subsequent payments received by us, the value of that refund or transaction and you shall not be entitled to that sum. Where you have already received payment in respect of an Order and no funds are held or received by us following a particular refund, cancellation, reversal or chargeback, you agree to pay the value of the same to us immediately on demand.

8. Fees and Revenue Share

8.1 We use Stripe as our payment processor. Stripe’s processing fees shall be deducted at source and shall be apportioned between you and us equally. The remainder shall be remitted to you, following deduction of our Revenue Share and subject to clause 7.3.

8.2 You agree that we shall be entitled to a share of the revenue from all sales made via the Services (Revenue Share). The applicable Revenue Share shall be as provided to you when you register an Account or when we accept your Account registration and may differ depending on the type of Marketplace Item and/or other parameters as per the information provided to you. The Revenue Share may be reviewed and updated by us on notice from time to time. If you are unhappy with any change in the Revenue Share, you have the ability to delist your Marketplace Items and/or close your Account.

8.3 We will deduct our Revenue Share at source from the payments received from Buyers, prior to remittance of the remaining balance to you as described in clause 7 above.

8.4 You agree that the Revenue Share is payable to us for the provision of the Services and is not dependent on Orders being fully performed and completed. Accordingly, if an Order is subsequently cancelled, any refund is paid to the Buyer, or any cancellation or chargeback of a payment is made by a Buyer, we shall remain entitled to our Revenue Share on that Order and will not refund or cancel the Revenue Share paid or payable to us unless we agree otherwise in respect of a particular Order. You shall remain liable for the Revenue Share in respect of payments processed by us, whether those payments are remitted to you or repaid to the Buyer. In addition, you agree that Stripe processing fees shall not be refunded on any transaction, and you shall be responsible for the full value of any refund issued to a Buyer.

9. Taxation, accounting and employee liabilities

9.1 You are solely responsible for your own taxation liabilities and accountancy practices and agree to account to the appropriate authorities for any tax payable on the revenue received by you pursuant to these Terms, including but not limited to VAT. You agree to indemnify us from and in respect of any such taxation liability on the revenue received by you pursuant to the sale of the Marketplace Items.

9.2 If we require any proof of tax status, including but not limited to provision of an IRS Form W-9 or IRS Form W-8, you agree to complete, sign and submit the same to us promptly on request. We may withhold payment pending receipt of such proof and will not be liable to you for doing so.

9.3 Where required by law, we may withhold or deduct such sums as are required, including on account of withholding tax, and will remit payment to you less such sum.

9.4 You agree that our relationship is that of independent businesses and nothing in these Seller Terms creates or constitutes an employer-employee relationship between you and us. Accordingly, you are fully responsible for and shall indemnify us from and in respect of any income tax, National Insurance and/or social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your performance of these Seller Terms or any payment or benefit received by you, your employees, workers and agents in respect of the sale of your Marketplace Items, where such recovery is not prohibited by law.

10. Coupons and promotions

10.1 The Services may enable you to set up coupon codes and/or promotions for Buyers to use. This functionality shall be subject to such terms and conditions as you and we may impose from time to time. As a minimum, you agree that:

  • coupon codes shall only be capable of being used once per Buyer;
  • only one coupon code may be used per Order;
  • multiple promotions and coupons may not be combined unless we agree otherwise; and
  • no coupon or promotion (whether alone or in conjunction with others) may be applied so as to reduce the value of any Order to zero.

11. Limitation of liability

11.1 To the extent legally permissible, we shall not be liable to you for any losses, whether in contract, tort, statutory duty or otherwise (including but not limited to direct, indirect, special, incidental or consequential losses or damages), that are directly or indirectly related to:

  • use of your Content (as defined in the Service Terms) by third parties;
  • any third-party claim of intellectual property infringement in relation to your Content;
  • any dealings entered into between you and Buyers;
  • any damage to any devices, including any computer, mobile device, or other equipment or technology, including but not limited to any damage which results from any security breach or from any virus, bug, malware or fraud;
  • loss of, or damage to, any of your Content or other data; or
  • accuracy of information or results,

11.2 Subject to clause 11.4, we will not be liable to you for any loss of profit, business, business opportunity, goodwill, anticipated savings, loss of or corruption of data (in each case whether direct or indirect), or any indirect or consequential damages.

11.3 Subject to clauses 11.2 and 11.4, our maximum aggregate liability to you under or in connection with these Seller Terms and the provision and use of the Services, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the higher of (i) £5,000; or (ii) an amount equal to the Revenue Share received by us from you in connection with your use of the Services in the twelve (12) months preceding any cause of action.

11.4 Nothing in these Terms shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation; and
  • any other liability that cannot be excluded or limited by English law.

12. Indemnity and insurance

12.1 You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following:

  • your Content, Marketplace Listings and dealings entered into via the Services with Buyers and/or other Sellers, including any dispute arising therefrom;
  • your violation of any third-party rights, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights and any obligation to obtain the consent of, or grant payment to, a celebrity or public figure if they are in some way featured as part of your Content;
  • any breach by you of clause 4.1 of these Seller Terms; and/or
  • any breach by you of clause 6.5 and/or your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.

12.2 You agree to hold and maintain suitable policies of insurance to cover your risks and liabilities associated with the supply of the Marketplace Items and your compliance with these Seller Terms, including but not limited to any policies of insurance required by law. You agree to provide us with evidence of your insurance on request.

13. Complaints and disputes

13.1 If we request any information or input from you in relation to an actual or potential query, complaint or dispute raised by a Buyer, you agree to provide the same promptly.

13.2 If you fail to respond to and/or resolve a genuine query or complaint and fail to engage with us in relation to the same, we may (but shall not be obliged to) take such action as we see fit, which may include cancelling an Order and/or issuing a partial or full refund to the Buyer. You shall be fully liable for and shall indemnify us in respect of such refund, which we shall offset against any other payments due to you or which shall otherwise be payable by you to us on demand.

14. Other important terms

14.1 If we fail to insist that you perform any of your obligations under these Seller Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.2 Each of the clauses in these Seller Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

14.3 We shall have no liability to you for any breach of these Seller Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

14.4 Except as expressly provided elsewhere in these Seller Terms, no one other than a party to these Seller Terms has any right to enforce any of these Seller Terms.

14.5 We reserve the right to vary any of these Seller Terms from time to time. Our updated terms will be displayed on the Jollee Marketplace and by continuing to use and access the Jollee Marketplace following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Seller Terms from time to time to verify such variations.

14.6 These Seller Terms, the Terms of Service and (in relation to Orders) the Terms of Sale, constitute the whole agreement and understanding between you and us. You acknowledge that you have not relied on any statement, representation, assurance or warranty other than as expressly set out in the agreement between us.

14.7 These Seller Terms and any dispute arising out of or in connection with them shall be subject to English law. If either party wants to take court proceedings, the English courts will have exclusive jurisdiction in relation to these Seller Terms.

14.8 If applicable, and to the extent permissible by law, each of us (i) waives any right we may have to trial by jury; and (ii) agrees that any claim shall be brought individually and not via any purported class or representative action.