McKenzie Marketplace Limited - TERMS AND CONDITIONS APPLICABLE TO ALL MEMBERS
Part 1 - Terms applicable to all Members
1.1What these terms cover. These are the terms and conditions on which you agree to provide or receive, as the case may be, the services of a “McKenzie Friend” via our website.
1.2 Terms used in these terms. If you are paying for the assistance of a “McKenzie Friend”, you are referred to in these Terms and Conditions as a User. If you are offering your services as a McKenzie Friend, you are referred to as a Friend. Users and Friends collectively are referred to as Members. The assistance provided by a Friend to a User is referred to as Services.
1.3 Why you should read them. Please read these terms carefully before you agree to act as, or contract with, a Friend. These terms tell you who we are, how we will act as an intermediary between Users and Friends, how Users contract with Friends, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are McKenzie Marketplace Limited, a company registered in England and Wales. Our company registration number is 10351194 and our registered office is at 152-160 Kemp House, City Road, London EC1V 2NX. We are registered with the Information Commissioner's Office and can be found on the public register at https://ico.org.uk. Our registration reference is ZA241991.
2.2 Insurance. We have cyber, directors & officers', third-party professional indemnity and legal expenses Insurance through Arthur J Gallagher Insurance Brokers Limited, Magden Park, Green Meadow, Llantrisant, Rhondda Cynon Taff, CF72 8XL (www.ajginternational.com). Our insurance provider is QBE Insurance Ltd, Plantation Place, 30 Fenchurch St, London, EC3M 3BD (https://qbeeurope.com).
2.3 How to contact us. You can contact us by telephoning our customer service team at 02036934467 or by writing to us at firstname.lastname@example.org.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered as a Member.
2.5 When notice will be treated as having been given: Notices sent by e-mail will be deemed to have been received 24 hours after the email is sent unless the sender is notified that the email address is invalid. Notices sent by registered post will be deemed to have been received three days after the date of posting.
2.6 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Contracting via McKenzie Marketplace
3.1 Our role as intermediary. Our role is to enable Users in need of a “McKenzie Friend” to find a Friend who is willing and capable of providing assistance. However, we act purely as an intermediary between Users and Friends.
3.2 Contracting as agent on behalf of Friends. Any agreement to provide Services is a contract between an individual User and the chosen Friend, with us acting as agent for the Friend. A contract will come into existence between a User and the chosen Friend when we email the User to accept their request for the Services of the Friend they have chosen.
3.3 Geographical restriction. Our website is solely for requesting and offering Services in England and Wales.
4. Other important terms applicable to all members
4.1 Our liability is limited. Although we will make certain efforts to verify the accuracy and truth of information uploaded to our website by Members, we cannot and do not warrant, and are not responsible for ensuring, the accuracy or truthfulness of Members' purported identities or the validity of the information which they provide to us or post on our website. We cannot assume any liability for the actions of Members whether via the website or otherwise, including but not limited to the provision of Services or any other service provided, or action taken by, any Member.
4.2 Liability for misrepresentation, death or personal injury. Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
4.3 Disputes. If you have a dispute with one or more Members, we provide a resolution facility which you may use to assist in resolving any disputes which may arise. However, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from any and claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4.4 Amendment to these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time by email, via the messaging facility, in writing or by posting the amended terms on our website. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our website after the effective date of these amended terms constitutes your acceptance of them.
4.5 Amendment of policies. The policies posted on our sites may be changed from time to time. Any changes to them take effect immediately upon posting on the website.
4.6 Nobody else has any rights under this contract. These Terms and Conditions govern the relationship between a User and a Friend. Except for our rights as agent to enforce the contract created by these Terms and Conditions on behalf of a Friend, no other person shall have any rights to enforce any of its terms.
4.7 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4.8 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between a User and a Friend or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
PART 2 – TERMS APPLICABLE TO USERS
5.1 Terms used in this Part 2. In this Part 2, Users are referred to as you and McKenzie Marketplace Limited are referred to as we or us. We will make it clear where we are referring to ourselves as agent for your chosen Friend.
6. Purchasing Services on our Website
6.1 Friend Finder. You can use our ‘McKenzie Friend Finder’ service to search by postcode for your closest available Friends. Friends are either business or student Members.
6.2 Purchase Conditions. When purchasing Services from a Friend, you agree that:
(a) you are responsible for reading the full listing before committing to purchase Services
(b) you enter into a legally binding contract in accordance with Clause 3.2 above.
6.3 Geographical limit of Services. You may not purchase Services from a Friend if you are intending to use the Services outside of the jurisdiction of England and Wales.
6.4 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 02036934467 or write to us at email@example.com.
6.5 Suspension of Services for other reasons. Without limiting other remedies, we may limit, suspend, restrict access to or terminate your User account(s) and access to the Services, cancel, remove or demote listings, delay or remove hosted content, remove any special status associated with your account, and take technical and legal steps to keep you from using our website if:
(a) we think that such restrictions will improve the security of the website;
(b) we have reasonable grounds to believe that you are infringing the rights of third parties;
(c) you are acting inconsistently with these Terms and Conditions or our policies or subject our employees or other Members to abuse;
(d) despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.
6.6 Restrictions. When using our website, you must not:
(a) Upload, list or post content or materials in inappropriate areas on our sites;
(b) breach or circumvent any laws, third party rights, code of conduct or our systems or policies;
(c) otherwise infringe our copyright, trademarks or other rights or those of third parties;
(d) use our website if you are not able to form legally binding contracts or are temporarily or indefinitely suspended or removed from using our website;
(e) manipulate the price of any services or interfere with any Friend’s or other User's listings;
(f) post false, inaccurate, misleading, defamatory, or libellous content;
(g) transfer your User account and/or User ID to another party without our express consent;
(h) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
(i) use the contact information of other Users or Friends for any purpose other than in relation to a specific provision of Services.
7. Our right to end the contract
7.2 We may end the contract if you break it. We may end the contract for Services at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us or your Friend (as appropriate) with information that is necessary for your Friend to provide the Services; or
(c) you do not provide other information or materials requested or relevant to us in facilitating the provision of Services.
7.2 You must compensate us if you break it. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for Services that have not been provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8. Price and Payment
8.1 Where to find the price for the product. The price for the Services (which may include VAT) will be the displayed hourly/daily/package rate indicated on your chosen Friend’s page on our website. In addition to the cost of the Services, we charge a 5% processing fee on all amounts due from a User. This fee is automatically added upon purchase.
8.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between the date you request the Services and the date the Services are delivered, we will adjust the rate of VAT that you pay.
8.3 Our right to change our fees. We may change our fees, or introduce new fees from time to time by posting the changes on the website or via the messaging system, and such changes will apply in 30 days from the time of providing the changes. You may close your account without penalty within 30 days of such notice being given.
8.4 When you must pay and how you must pay. We accept payment with PayPal (who accept all major debit/credit cards). You must have a valid PayPal account on file with us prior to placing a request for Services. You will receive confirmation of your order via email and by our payment provider, the payment for services will be taken prior to services being rendered and held until confirmation by the payee is made; or 72 hours without a dispute being raised.
8.5 What happens with you pay. We will hold all payments you make in a secure account until the Services you have paid for have been provided by your chosen Friend. Should the Friend fail to provide the Services, you may request a full refund by raising a query with us and or the Friend. We will aim to process any refund due to you within 3-5 working days but cannot accept any liability if this time period is exceeded because of matters beyond our control.
8.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 15% a year above the base lending rate of Barclays PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9. How we may use your personal information
9.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to enable your chosen Friend to supply the Services to you; and
(b) to process your payment for the products.
9.2 Credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
9.3 Sharing with third parties. We will only give your personal information to third parties where the law either requires or allows us to do so.
PART 3 – TERMS APPLICABLE TO FRIENDS
10.1 Terms used in this Part 3. In this Part 3, Friends are referred to as you and McKenzie Marketplace Limited is referred to as we or us.
10.2 Business and student accounts. You may register as a Friend either with a business account or a student account. It is your responsibility to ensure your account is of the correct type.
10.3 Appointment as agent. Subject to the terms set out below, you hereby appoint us as your agent to contract with Users for the provision of Services by you.
11. Your listing
11.1 Creating a listing. As a Friend, you may create a listing on the website which will be searchable by Users looking for assistance with litigation.
11.2 Terms applicable to your listing. When creating a listing, you agree to comply with our Code of Conduct and any other policies, rules or requirements published by us and that:
(a) you are responsible for the accuracy, content and legality of the Services listed and agree to list in accordance with the relevant requirements including the ‘code of conduct’ and applicable laws of England and Wales;
(b) your listing may not be immediately searchable by keyword or category for up to 24 hours. We do not guarantee exact listing durations;
(c) content that violates any of our policies may be deleted at our discretion;
(d) whether your listing appears in search and browse results may be based on certain factors such as listing format, title, activity, duration, keywords, price and response time, feedback, policy compliance and detailed seller ratings;
(e) our policies may also affect whether your listing appears in search results;
(f) meta-tags and URL links that are included in a listing may be removed or altered so as to not affect third party search engine results;
(g) we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar services and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other Friends.
12.1 Our fees. The fees we charge for your use of our website are as follows:
(a) 10% commission on all payments to Friends using a business account; and
(b) 5% commission on all payments to Friends using a student account.
12.2 Our right to change our fees. We may change our fees, or introduce new fees from time to time by posting the changes on the McKenzie Friends Marketplace site or via the provided messaging system, and such changes only will apply in 30 days from the time of providing the changes. You may close your account without penalty within 30 days of such notice being given.
12.3 Transfer of monies. We will hold monies paid for Services until the User confirms the Services have been provided or after 72 hours without any objection from the payee.
13. Our rights to end the contract
13.1 We may end the contract if you break it. We may end your contract with a User at any time by writing to you if you fail to provide Services either at all or to the standard that could reasonably be expected of you.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us to communicate with Users in respect of the Services offered by you.
14.2 Sharing with third parties. We will only give your personal information to third parties where the law either requires or allows us to do so.