Terms And Conditions

Last Updated: 09/1/2026
Effective Date: 06/1/2026
Version: 1.0

1.1 Binding Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and Marketplace Couriers ("Company," "we," "us," "our"), governing your access to and use of the website at www.mktplacecouriers.com, all associated mobile applications, APIs, software, and services (collectively, the "Platform").

BY ACCESSING, REGISTERING FOR, OR USING THE PLATFORM, YOU AFFIRM THAT:

(a) You have read, understood, and agree to be bound by these Terms;
(b) You are at least 18 years of age and legally competent to enter binding contracts;
(c) You have the legal authority to enter this agreement on behalf of yourself or any entity you represent;
(d) You are not prohibited from using the Platform under the laws of the United States or any applicable jurisdiction.

IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.

1.2 Definitions

"Account" means the user profile you create.
"Buyer" means a User who purchases Items.
"Courier" means an independent contractor providing pickup and delivery services.
"Item" means any tangible good or food product listed for sale.
"Listing" means a Seller's offer to sell an Item.
"Payment Hold" means funds temporarily retained by our payment processor pending delivery confirmation. The Company is not an escrow agent or licensed escrow service.
"Service Fee" means the fee charged per transaction as specified in Section 1.6.
"Seller" means a User who lists Items for sale.
"Spread" means the difference between the final sale price and the Seller's Guaranteed Minimum Payout.
"User" means any person accessing the Platform in any capacity.

1.3 Eligibility and Account Requirements

1.3.1 Age and Capacity

You must be at least 18 years old and possess full legal capacity. We reserve the right to request proof of age and identity at any time.

1.3.2 Accurate Information

You agree to provide accurate, current, and complete information. You must promptly update information that becomes inaccurate.

1.3.3 Account Security

You are solely responsible for:
(a) Maintaining the confidentiality of your credentials;
(b) All activities occurring under your Account;
(c) Immediately notifying us of any unauthorized access at [security@mktplacecouriers.com].

1.3.4 One Account Per Person

You may maintain only one Account per role (Seller, Buyer, Courier). Duplicate accounts may be merged or terminated.

1.3.5 Verification

We may require identity verification via third-party services (Stripe Connect, Checkr) for Sellers, Couriers, and high-value transactions.

1.4 Nature of the Platform

1.4.1 Intermediary Role

The Company operates as a managed marketplace intermediary. We:
(a) Facilitate transactions between Sellers and Buyers;
(b) Coordinate logistics via independent Couriers;
(c) Process payments via third-party processors;
(d) Provide dispute resolution services.

1.4.2 No Agency or Partnership

Nothing in these Terms creates an agency, partnership, joint venture, franchise, employment, or fiduciary relationship between you and the Company. Sellers, Buyers, and Couriers are independent parties.

1.4.3 No Title or Possession

The Company never takes title to, ownership of, or possession of Items. Items are transferred directly from Seller to Buyer via Courier.

1.4.4 Not an Escrow Service

The Company is not a licensed escrow service, money transmitter, bank, or financial institution. Payment Holds are administrative only and governed by the terms of our third-party payment processor.

No Escrow License. Marketplace Couriers is not a licensed escrow service. The payment hold is a temporary administrative hold facilitated by our payment processor to ensure transaction security. We do not assume fiduciary responsibility for funds beyond the duration of the hold.

1.5 User Conduct and Prohibited Activities

You agree NOT to:
(a) Violate any applicable law, regulation, or third-party right;
(b) Post false, misleading, or fraudulent content;
(c) Impersonate another person or entity;
(d) Use automated systems (bots, scrapers) without written permission;
(e) Interfere with Platform security or functionality;
(f) Attempt to reverse-engineer, decompile, or extract source code;
(g) Transmit malware, viruses, or harmful code;
(h) Engage in money laundering, terrorist financing, or sanctions violations;
(i) Harass, threaten, or defraud other Users;
(j) Manipulate reviews, ratings, or transaction metrics;
(k) List prohibited items (see Section 1.7.2);
(l) Circumvent Platform fees by transacting off-platform after initial contact;
(m) Use the Platform for any purpose other than its intended marketplace function.

Violation may result in immediate account termination, forfeiture of pending payouts, and legal action.

1.6 Fees and Payment Terms

1.6.1 Two-Phase Pricing Structure

Phase 1 Pilot Pricing (First 100 Sellers):

Phase 2 Standard Pricing (After 100 Sellers):

1.6.2 Grandfathering

Sellers registered during Phase 1 lock their commission rate for twelve (12) months following the commencement of Phase 2. Grandfathering is non-transferable, applies only to the original Account, and terminates upon Account closure or material breach.

1.6.3 Buyer Fees

Buyers pay: (a) the listed Item price; (b) the applicable delivery fee; (c) any payment processing fees disclosed at checkout.

1.6.4 Payment Authorization

By placing an order, you authorize the Company and its payment processors to charge your designated payment method for all amounts due.

1.6.5 No Circumvention

Users agree not to circumvent Platform fees by transacting outside the Platform after initial contact. Violation results in a circumvention fee equal to 25% of the transaction value, plus suspension.

1.6.6 Fee Changes

We reserve the right to modify fees with thirty (30) days' notice to existing Users. Continued use constitutes acceptance.

1.7 Seller Terms

1.7.1 Listing Accuracy Warranty

By listing an Item, Seller warrants and represents that:
(a) The Item is accurately described;
(b) Dimensions, weight, and condition are correct;
(c) Seller has lawful title and authority to sell;
(d) The Item is free from liens, encumbrances, and third-party claims;
(e) The Item is not stolen, counterfeit, or illegal;
(f) All required disclosures have been made.

1.7.2 Prohibited Items

Sellers may not list: illegal items, controlled substances, weapons, ammunition, explosives, stolen property, counterfeit goods, live animals, human remains, hazardous materials (without disclosure), recalled products, items violating IP rights, sexually explicit materials, or any item prohibited by law.

1.7.3 Tier 3 and Pro Plus: Guaranteed Minimum Payout

Seller sets a Guaranteed Minimum Payout. Platform markets the Item and retains one hundred percent (100%) of any amount above the Guaranteed Minimum as its performance fee. Seller receives exactly the Guaranteed Minimum, regardless of final sale price.

1.7.4 No Double-Dipping

Seller shall not sell, transfer, or encumber any Item subject to an active order or Payment Plan to any other party. Violation results in:
(a) Permanent Account termination;
(b) Forfeiture of all pending payouts;
(c) Liability for Buyer's losses and Platform's damages;
(d) Possible civil and criminal liability.

1.7.5 Payout Terms

Payouts are released after: (a) successful delivery; (b) Buyer acceptance or expiration of the inspection window; (c) no open dispute. Standard ACH is free (2 to 3 business days). Instant Pay is available for a 2.5% fee.

1.7.6 Taxes

Seller is solely responsible for all taxes on sales, including income tax, sales tax, and self-employment tax. The Company may issue IRS Form 1099-K where required.

1.8 Buyer Terms

1.8.1 Payment Obligation

Buyer agrees to pay the full amount displayed at checkout. Chargebacks initiated without valid cause may result in Account suspension and liability for fees.

1.8.2 Inspection Window (Critical)

Buyers receive photos and Courier inspection checklist while Courier is still at pickup location. Buyer has five (5) minutes from notification to:
(a) Accept → Courier loads and delivers;
(b) Reject → Item remains with Seller; refund initiated;
(c) Auto-Accept → If no response within 5 minutes, Item is deemed accepted.

1.8.3 No Take-Backsies

ONCE BUYER ACCEPTS (OR THE 5-MINUTE WINDOW EXPIRES), THE SALE IS FINAL. No returns, exchanges, or refunds will be offered, except as required by law or as expressly provided in the Return Policy.

1.8.4 Delivery Availability

Buyer must be available at the delivery address during the scheduled window. If unavailable, Courier waits 15 minutes. Item may be returned to storage, and a redelivery fee applies.

1.8.5 Assumption of Risk

Buyer acknowledges that Items are sold "AS IS" and "WHERE IS" by Sellers. The Company makes no warranties regarding Items.

1.9 Courier Terms

1.9.1 Independent Contractor

Couriers are independent contractors, not employees. Couriers control their schedule, vehicle, and methods. Couriers are responsible for their own taxes, insurance, and equipment.

1.9.2 Mandatory Protocol

Couriers must follow the 5-Step Delivery Protocol: (1) accept gig; (2) take pre-pickup photos + checklist; (3) obtain Seller signature; (4) transit; (5) complete delivery with final photo.

1.9.3 Penalties

(a) Accepting gigs without proper vehicle/equipment: $25 cancellation fee;
(b) Damage in transit: full refund deducted + $25 penalty;
(c) Repeated violations: suspension or termination;
(d) Fraud or theft: immediate termination + legal action.

1.10 Payment Hold Terms

The Company places funds on a Payment Hold via third-party processors. The Company:
(a) Is not an escrow agent;
(b) Does not hold funds in trust;
(c) Does not assume fiduciary duties;
(d) May release, refund, or adjust holds per these Terms.

1.11 Dispute Resolution

1.11.1 Internal Resolution

Users must first attempt to resolve disputes through our internal process at [disputes@mktplacecouriers.com]. We will investigate using photo evidence and issue a determination within 7 business days.

1.11.2 Fault Matrix

1.11.3 Binding Arbitration

ANY DISPUTE NOT RESOLVED INTERNALLY SHALL BE RESOLVED BY BINDING ARBITRATION administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Wilmington, DE. YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

1.11.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

1.11.5 Small Claims Exception

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

1.11.6 Opt-Out

You may opt out of arbitration by sending written notice to [legal@mktplacecouriers.com] within thirty (30) days of first accepting these Terms.

1.12 Intellectual Property

1.12.1 Company IP

All Platform content, software, trademarks, logos, and designs are owned by the Company or its licensors. You may not use them without written permission.

1.12.2 User Content License

By uploading content (photos, descriptions, reviews), you grant the Company a worldwide, perpetual, royalty-free, sublicensable license to use, reproduce, modify, and display such content for Platform purposes.

1.12.3 DMCA Compliance

We comply with the Digital Millennium Copyright Act. Report infringement to [dmca@mktplacecouriers.com].

1.13 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

1.14 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE FEES PAID BY YOU IN THE PRECEDING 12 MONTHS.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

1.15 Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
(a) Your use of the Platform;
(b) Your breach of these Terms;
(c) Your violation of any law or third-party right;
(d) Your content or listings;
(e) Any dispute with another User.

1.16 Force Majeure

The Company shall not be liable for failures or delays caused by events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, internet outages, or third-party service failures.

1.17 Termination

1.17.1 By You

You may terminate your Account at any time via Account settings. Termination does not relieve you of obligations incurred prior to termination.

1.17.2 By Us

We may suspend or terminate your Account immediately, with or without notice, for: (a) violation of these Terms; (b) fraud or illegal activity; (c) non-payment; (d) risk to other Users; (e) at our sole discretion.

1.17.3 Effect of Termination

Upon termination: (a) your license to use the Platform ends; (b) pending payouts may be forfeited if termination is due to your breach; (c) Sections 1.11, 1.12, 1.13, 1.14, 1.15, and 1.18 survive.

1.18 General Provisions

1.18.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

1.18.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force.

1.18.3 No Waiver

Failure to enforce any provision does not constitute a waiver.

1.18.4 Assignment

You may not assign these Terms without our written consent. We may assign freely.

1.18.5 Entire Agreement

These Terms, together with all referenced policies and agreements, constitute the entire agreement between you and the Company.

1.18.6 Notices

Legal notices must be sent to [legal@mktplacecouriers.com] and, for the Company, to its registered address.

1.19 Contact

MKTPlace Couriers
Email: [legal@mktplacecouriers.com]
Website: www.mktplacecouriers.com