Terms and Conditions for Property Owners

BACKGROUND:

These Terms for Sellers, together with any and all other documents referred to herein, set out the terms under which Users (“Sellers” or “You”) 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 signing up to become a Seller to be able to add a listing/listings. If you do not agree to comply with and be bound by these Terms for Sellers, you will not be able to list any holiday accommodation that you have to rent/ hire on Our Marketplace. These Terms for Sellers, as well as any and all contracts are in the English language only. 

These Terms for Sellers govern your use of Our Marketplace as a Seller. By listing holiday accommodation on www.bookmycaravan.com, you agree to these terms, forming a legally binding contract between you and Us (Book My Caravan Ltd), and between you and Buyers. You confirm you are acting as a Seller, not a Buyer under these terms. Please read them carefully before listing. 

We may update these Terms for Sellers from time to time, we will email you to inform you if updates have been made, you should then review the updated Terms and if you continue to use Our Site or list their offerings on Our Site by conduct, then the updated or amended terms will be considered agreed.  Regarding any bookings for rent/hire of a given accommodation/caravan, this is governed by the terms and conditions between the Buyer and the Seller. Our Site is only an intermediary platform connecting the Buyer and the Seller, and any separate transaction/s between them outside of these Terms falls outside of the purview of these terms.

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1. Definitions and Interpretation 
   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 Site, 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 Site;
“Listing”	means a listing on Our Marketplace advertising holiday accommodation to rent/ hire.
“Marketplace”	means Our platform for Buyers and Sellers on Our Site;
“Our Site”	means this website, www.bookmycaravan.com;
“Payment Service”	means the payment service provided by Stripe, Inc, stripe.com;
“Seller”	means a User who sells holiday accommodation to rent/ hire, on Our Marketplace;
“Third Party Payment Service Provider”	means Stripe, Inc., stripe.com;
“Transaction Fee” “Commission Fee”	means a fee charged by Our Third Party Payment Service Provider (Stripe, Inc.) per booking, based on factors like transaction type and location, deducted from your payout alongside the Commission Fee. This is in line with Stripes Terms and Conditions; means a percentage fee applied to each sale made on Our Marketplace.
“User”	means a user of Our Site;
“User Content”	means any Content added to Our Site by a User;
“We/Us/Our”	means Book My Caravan Ltd, a company registered in England under 14288299, whose registered and main trading address is Unit 13 Independence House, Millfield Lane, Nether Poppleton, York, YO26 6PH

2. Information About Us
   1. Our Site is owned and operated by Book My Caravan Ltd, a limited company registered in England under company number 14288299, whose registered and main trading address is Unit 13 Independence House, Millfield Lane, Nether Poppleton, York, YO26 6PH

3. Access to and Use of Our Site
   1. Access to Our Site is free of charge. You will only be charged anything if you take any bookings from any Listings made on Our Site.
   2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
   3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice, including but not limited to scenarios where Our Site is unavailable due to hosting downtime. Subject to the remainder of these Terms of Sellers, Our Terms for Buyers and Our Terms of Use, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Age Restrictions

You may only list any holiday accommodation to rent/ hire, on Our Marketplace if you are at least 18 years of age. Incorporated entities such as Private Limited Companies are also able to create a Listing on Our Site.

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:

1. We will not be a party to any dispute between you and any Buyer or another Seller except as outlined in Section 12.6. Any claims must be made directly against the party concerned.
2. While we strive to verify Sellers where possible, it is the Sellers responsibility to ensure that any information included on their Listing is accurate and up to date for any Listings on Our Marketplace. We are not, therefore, in any way responsible for any holiday accommodation rented or for the content of any Listings.
3. We are not responsible for any information listed by Users including Sellers  on Our Site. Each Seller is responsible for the content that they list on Our Site by when they create a Listing. We will not be responsible for any information or content from the Sellers on Our Site including, but not limited to, any errors, inaccuracies, or omissions. The Sellers are responsible for ensuring all their information/ content is kept up to date. By creating a Listing on Our Site you agree that as the Seller you will indemnify Us in the case of any loss or damages suffered arising out of breach of this agreement, any information provided on the listing being inaccurate, a claim by the buyer or participant for damage suffered by them as a result of failure of You as the Seller to comply with the booking terms. It is also recommended that You as the Seller take out suitable insurance throughout the duration of your use of Our Site, to cover all risks, claims, damages, or disputes arising out of or in connection with bookings made through the platform, including but not limited to public liability insurance and any relevant business or professional indemnity insurance.
4. To be listed on Our Site you must enter all required fields on the Listing within the Host Dashboard. If you do not want to or are not able to submit any of this information and/ or content then you should not create a Listing on Our Site. You accept by creating a Listing on Our Site that all information and or/ content you submit is correct and accept that you will update this information when applicable and you will honour any bookings you receive through Our Site in line with how it is sold to the Users at the time of booking (based on the information you have inserted on the Listing at that time).
5. You must comply with these Terms for Sellers regarding the sales you make to Buyers over Our Marketplace. We use these Terms for Sellers to provide certainty to buyers and sellers when transacting over Our Marketplace – this creates the contractual relationship between you and the Buyer. These Terms for Sellers override your own terms and conditions where there are any inconstancies.
6. You are required to input dates that your holiday accommodation is available on the Listing. All dates are automatically set as not available when you first create a Listing so it is crucial that you add dates/ time periods that the holiday accommodation is available in order for you to be able to take bookings through Our Site. It is also crucial that availability is kept up to date, so if any dates become unavailable that are currently shown as available once the Lising is live on Our Site, then You must update the availability on your Listing. The Buyer will be shown such availability when booking on Our Marketplace. If a Buyer books your holiday accommodation you have up to 48 hours after the time of the booking to inform us if you are not able to take that booking for any reason, such as it no longer being available, to do this you must email cancellation@bookmycaravan.com and quote the booking number as well as the check in and check out dates on the email. If you do email us within 48 hours confirming that you do not want to approve that booking, then we take this as approval from You that you are able to take this booking and therefore You must honour that booking. If We approve a booking on your behalf in line with these Terms from Sellers and the Terms for Buyers, but you then realise that you are unable to honour a booking for any reason, it is your responsibility to contact Us by emailing cancellation@bookmycaravan.com and include the reasoning as to why you are unable to honour a booking as well as the booking number and the check in and check out date. If We decide to approve this, it is Your responsibility to pay for the transaction fee charged by our Third Party Payment Service Provider.
7. Once a booking has been made by a Buyer, it is the Sellers responsibility to contact the Buyer through the messaging system on Our Site and/ or through any contact details that have been provided to share essential information about the booking and how it will work on the check in date, for example, but not limited to key collection details, the holiday accommodation location and how to find it, agree a check in time, provide your contact information, etc.
8. You are permitted to list more than one holiday accommodation on Our Site providing that each listing complies with these Terms.
9. Any Listing/s will be made once the Seller creates an account on Our Site and creates a Listing. A Commission Fee will be charged on any bookings taken on Our Site for any Listings that are made. Any bookings taken from a Listing on Our Site will also be subject to a Transaction Fee taken the Payment Service provider;

6. What Can and Cannot be Sold on Our Marketplace
   1. The following are permitted on Our Marketplace:
      1. Holiday accommodation to rent in Static Caravans within Great Britain.
   2. The following are not permitted on Our Marketplace:
      1. Any services which are not outlined in Clause 6.1.1 above, or listed on Our Site. For further information or queries, please contact support@bookmycaravan.com
   3. We reserve the right to remove any Listing that breaches the provisions of this Clause 6. 

7. Descriptions Policy

When listing your accommodation/caravan for hire/ rent on Our Marketplace, it is important that all descriptions of the holiday accommodation available to rent/hire are truthful and accurate, and that all visual representations are true representations of holiday accommodation (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:

1. subject to sub-Clause 7.3, photographs (up to 2MB) must be of the holiday accommodation that is available to hire and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;
2. You must ensure that any dates that you are showing as available on the Listing availability, are available. If the holiday accommodation is no longer available on a certain date/dates, please ensure that you update the availability on Our Site accordingly, to show these dates as unavailable. If you do not keep the availability updated on your Listing, Buyers will still be able to book your holiday accommodation for any date/s shown as available in line with Section 5.6.
3. you must not use any Content that belongs to other parties in your Listing/s without their express permission (please refer to Clause 8 for more information on intellectual property rights);
4. as the Seller, you are responsible for listing your prices on Our Site. Pricing can be amended for certain time frames on your Listing on Our Site and it is your responsibility to ensure that you are happy with the pricing listed as Buyers will be able to book the holiday accommodation for any available dates set in line with your pricing, availability and preferences on your listing which you agree to honour. Any disputes are between yourselves (the Seller) and the Buyer except as outlined in Section 12.6. You accept that We are not liable for any potential price differences and therefore We will not be involved in any potential disputes.

The accuracy and content of your Listings are your responsibility and, in the event that a third party brings legal action against us in respect of your Listings, you will indemnify us and hold us harmless against any such legal action as outlined in Section 5.3.

By creating a listing on Our Site, You provide your express consent to share information for advertising and promotional purposes. We may use information on your holiday accommodation as part of Our advertising for Our Site, on social media, in newsletters and through other advertising and marketing media. If you do not wish Us to do this, please contact Us at marketing@bookmycaravan.com

8. Intellectual Property Rights
   1. The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace in Listings.
   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 written permission.
   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@bookmycaravan.com
   4. If another party contacts Us accusing you of infringing their intellectual property rights:
      1. We will contact you to inform you of the complaint;
      2. We may remove the User Content that is the subject of the complaint
      3. if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. The Seller agrees that We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
      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
   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:
      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 holiday accommodation that you wish to rent/ hire on your Listing);
      2. you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
      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;
      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;
      5. you must always provide accurate, honest information about yourself and any holiday accommodation that you wish to rent/ hire on your Listing on Our Marketplace;
      6. you must not engage in any form of price fixing with other Users (including Sellers and Buyers).
   2. When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:
      1. is sexually explicit;
      2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
      3. promotes violence;
      4. promotes or assists in any form of unlawful activity;
      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;
      6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. is calculated or is otherwise likely to deceive;
      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. 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);
      10. implies any form of affiliation with Us where none exists;
      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
      12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
   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:
      1. removing your Listing(s) from Our Marketplace;
      2. issuing you with a written warning;
      3. legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
      4. further legal action against you as appropriate;
      5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      6. any other actions which We deem reasonably necessary, appropriate, and lawful.
   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.
   5. We may also suspend or terminate your account with Us if We receive verified complaints regarding your listings or conduct.

10. Commission Fees and Transaction Fees
    1. It is free to sign up and create a Listing/s on Our Marketplace. You will only be charged the relevant Commission Fees and Transaction Fees if you receive any bookings through Our Site once you have created a Listing.
    2. A commission fee will be charged on any bookings taken on Our Site for any Listings that you have on Our Marketplace. We charge 2.5% commission on the total booking fee. We reserve the right to amend the commission fee at any time, but the percentage commission fee quoted in the Terms for Sellers is the fee that we will charge you for any booking taken at that time. The commission fee will be subtracted from the total amount that you get paid out for the booking, the transaction fee will also be subtracted from the total amount you get paid out for the booking in line with the terms and conditions of Our Third Party Payment Service Provider in respect of such transaction fees. 
    3. A transaction fee, based on the price of each booking will apply to each sale, these fees vary depending on factors such as, but not limited to, transaction type and location and will be deducted from your payout alongside the commission fee. You hereby agree to the terms and conditions of Our Third Party Payment Service Provider in respect of such transaction fees. Please refer to the Payment Service terms and privacy policy on their website: https://stripe.com/gb
    4. Any and all actions designed to avoid the payment of any fees described in these Terms for Sellers (including, but not limited to those described in sub-Clauses 7 and 9.1.6) are strictly prohibited.
    5. Once your Account is live on Our Marketplace, you must honour all bookings made by Buyers, in accordance with these Terms for Sellers, even if your account has expired for whatever reason.
    6. Commission Fees and Transaction Fees are non-refundable.

11. Payment Service 
    1. All Payments on Our Marketplace are made through the Payment Service provided by Stripe, Inc, Our Third Party Payment Service Provider. When a Buyer makes a Payment on Our Marketplace, they will be make this on Our platform with Stripe, which means that the Payment will be paid to Our Stripe account and held in there until the payment is ready to be processed to the Seller (minus Transaction Fees and Commission Fees) in line with the payout terms in the Terms for Buyers and Terms for Sellers. 
    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. 
    3. 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.
    4. By agreeing to these Terms for Sellers, you agree that any sums due to you from sales on Our Marketplace shall be reduced by transaction fees taken by Our Third Party Payment Service Provider. These fees can change from time to time, and so We encourage you to check these regularly on https://stripe.com/gb/legal/ssa
    5. It is your responsibility to ensure that your payment and bank account details are kept up to date. 
    6. All payments taken as well as any stored payment detail and bank account details are stored by handled and stored by Stripe.

12. Payments from Buyers
    1. All payments are processed using the Payment Service described above in Clause 11.
    2. When a Buyer pays for a booking of your available holiday accommodation they will be provided with the option to make a payment in full or pay in instalments (with an initial deposit of 10%). The latter option is only available where your booking is made more than 8 weeks (56 days) or more prior to the check in date selected for the holiday accommodation.
    3. Where the Buyer has paid by initial deposit, they will be required to pay the remaining balance 56 days or more before the check in date. It is the Buyers responsibility to ensure the remaining balance for your booking is made in time in line with the Terms for Buyers and Terms for Sellers. You are able to view how much of the total fee has been paid to date for any bookings on your Host Dashboard. The Seller may cancel the booking if the full payment for the booking is not received 56 days prior to the check-in date and the Buyer will lose any payments made up until that point. If the Seller decides to cancel the booking if the total balance is not paid by 56 days or more before the check in date then they must request this to be done by Us by contacting cancellation@bookmycaravan.com. Cancellation will only be approved if the Buyer has not paid the full remaining Balance and there is less than 56 days until the check in date of the booking at the time that the email is received requesting to cancel the booking. We encourage Sellers to reach out to Buyers to remind them that the outstanding Balance is due where possible to try and prevent cancellation of a booking, but in line with the Terms, it is the Sellers discretion if they do wish to cancel due to the full balance not being paid in time. If cancellation is requested by the Seller and is accepted by Us in line with these Terms then payment of any balance paid to that point by the Buyer, minus the commission fees and transaction fees will be paid out within 2-10 working days after confirmation from us that the booking has been cancelled, please note that it may take approximately an additional 5 working days to show in your bank account depending on your bank. Once the balance is paid, you are contractually bound to honour this booking even if the final balance was paid late if you did not send an email to Us requesting to cancel as explained above.
    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 by Our Third Party Payment Service Provider.
    5. You are responsible for handling and issuing refunds to Buyers, where relevant, and acting in accordance with applicable law when doing so. If there is a dispute between you and a Buyer, this is dealt with directly between both of you, and We are not a party to this other than as outlined in Section 12.6. 
    6. If the Buyer arrives at the holiday accommodation on the check-in date and the holiday accommodation/caravan is not available or not present and they have tried to contact You, they must email Us before 17:00 hours the day after the check in day at Support@bookmycaravan.com ** with details of the issue, including evidence of trying to contact the Seller. We will attempt to contact You to resolve the problem. If the holiday accommodation remains unavailable or we are do not receive a response from the Seller within 24 hours of contacting the Seller, we will issue a full refund to the Buyer. If it is determined by Us that a refund needs to be issued to the Buyer then We will authorise the refund to be made and notify You that this has happened. This is in place to prevent fraudulent bookings, so it is the responsibility of the Seller to ensure that You have provided all the relevant details to the Buyer to be able to check in to the holiday accommodation on the check in date on the booking at the agreed time between yourself and the Buyer. It is your responsibility to look out for any correspondence from the Buyer and Us to prevent this from happening and provide evidence to Us if necessary that the holiday accommodation is available and that You have provided all of the relevant details to the Seller. 
    7. We will not process the total booking fee to Sellers taken for a booking (minus the commission fees and transaction in line with the Terms for Sellers) until at least 2 working days after the check in date, but please note that it may take up to 10 working days (this duration may increase if there is a dispute in line with Section 12.6) to issue the payments and then may take approximately an additional 5 working days to show in your account. We are not responsible for delays beyond our control, such as bank processing times or technical issues.
    8. It is the Sellers responsibility to ensure that their bank account details are up to date in your account on Our Site as monies owed for bookings taken on Our Marketplace will be paid out to the bank account details You have saved in your account.
    9. If you believe that We have sent the incorrect amount for a booking, please contact Us at support@bookmycaravan.com as soon as reasonably possible to let Us know. Please remember that the amount due to You for a booking is the total cost of the booking minus the commission fee and transaction fee.
13. Taxes
    1. It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.
    2. Where any tax, for example VAT, forms a part of the price of any holiday accommodation to hire listed on Our Marketplace, the tax must be included in the price of the item.
    3. Value added tax (“VAT”) may be charged to Buyers on purchases and to Sellers on fees payable to Us. 
    4. If you are VAT registered, you may be required to charge VAT on the holiday accommodation that you list to hire on Our Marketplace, this must be included in the price you list on Our Site.
    5. For further information on VAT and other taxes in your location, please contact your local tax authority.

14. Your Account Cancellation Rights
    1. You may close your Account and cancel your agreement with Us by emailing us at support@bookmycaravan.com.
    2. Any outstanding bookings that have not been completed must still be honoured and it is Your responsibility to ensure that this happens in line with These Terms.
    3. If you terminate your Account for any reason, We are entitled to keep your non-personal information from your Listing and on your host dashboard which is not accessible by third parties. This allows Us to reactivate your Account with ease if you choose to do so at a later date.

15. Our Liability to You
    1. As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. 
    2. Subject to sub-Clause 20.2, 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.
    3. 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.
    4. 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.

16. Events Outside of Our Control (Force Majeure)
    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, hacking, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, Acts of God, lockdowns, strikes, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control (a “Force Majeure Event”). 
    2. If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
       1. We will inform you as soon as is reasonably possible;
       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; and
       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.
    3. If you are impacted by a Force Majeure Event and cannot provide the product or service as a result of this, it is your responsibility to inform the Buyer of this, and discuss and agree appropriate terms in relation to such Force Majeure Event. We will not be responsible for you failing to meet a contractual obligation with a Buyer due to a Force Majeure Event.

17. Communication and Contact Details
    1. If you wish to contact Us with general questions, complaints, matters relating to cancellations and Our Marketplace including, but not limited to, these Terms for Sellers, transactions, Buyers, and other Sellers, you may contact Us by email at support@bookmycaravan.com, or by post at Unit 13 Independence House, Millfield Lane, Nether Poppleton, York, YO26 6PH or refer to the relevant Clauses above.

18. Data Protection
    1. All personal information that We may use will be collected, processed, and held in accordance with the provisions UK General Data Protection Regulation (UK GDPR), as supplemented  by the Data Protection Act 2018..
    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 and Cookie Policy.
    3. As a Seller, you will also collect, hold, and process Buyers’ personal information from any bookings (for example, buyers’ names, email addresses, and contact information). 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.
    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.

19. Other Important Terms
    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.
    2. You may not transfer (assign) your obligations and rights under these Terms for Sellers without Our express written permission. 
    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.
    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. 
    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 Clause 14. 

20. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Us, and between you and the Buyer (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. 
    2. 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.