ISO/DTR 32121
(Main)Transaction assurance in E-commerce — Practices for developing terms of use for business-to-consumer (B2C) E-commerce platforms
Transaction assurance in E-commerce — Practices for developing terms of use for business-to-consumer (B2C) E-commerce platforms
This document provides practices for developing terms of use for B2C E-commerce platforms, including specific principles, key elements and developing processes. This document is applicable to all parties involved in B2C E-commerce transactions and the development process of terms of use.
Assurance des transactions de commerce électronique — Pratiques pour l'élaboration des conditions générales d'utilisation des plateformes de commerce électronique entre entreprises et consommateurs (B2C)
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Standards Content (Sample)
FINAL DRAFT
Technical
Report
ISO/TC 321
Transaction assurance in
Secretariat: SAC
E-commerce — Practices for
Voting begins on:
developing terms of use for
2025-10-22
business-to-consumer (B2C)
Voting terminates on:
E-commerce platforms
2025-12-17
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Reference number
FINAL DRAFT
Technical
Report
ISO/TC 321
Transaction assurance in
Secretariat: SAC
E-commerce — Practices for
Voting begins on:
developing terms of use for
business-to-consumer (B2C)
Voting terminates on:
E-commerce platforms
RECIPIENTS OF THIS DRAFT ARE INVITED TO SUBMIT,
WITH THEIR COMMENTS, NOTIFICATION OF ANY
RELEVANT PATENT RIGHTS OF WHICH THEY ARE AWARE
AND TO PROVIDE SUPPOR TING DOCUMENTATION.
© ISO 2025
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ii
Contents Page
Foreword .iv
Introduction .v
1 Scope . 1
2 Normative references . 1
3 Terms and definitions . 1
4 Methodology and overview of practices . 1
4.1 Methodology .1
4.2 Criteria for platform selection .1
4.3 Overview of selected practices .2
5 Specific principles . 4
5.1 Transparency .4
5.1.1 General .4
5.1.2 Case studies .4
5.2 Intellectual property protection .8
5.2.1 General .8
5.2.2 Case studies .9
5.3 Multi-party participation .9
5.3.1 General .9
5.3.2 Case studies .9
5.4 Continual improvement .10
5.4.1 General .10
5.4.2 Case studies .10
6 Classification of TOU .11
6.1 General .11
6.2 Case studies . 12
7 Key elements .18
7.1 General rules .18
7.1.1 General .18
7.1.2 Case studies .18
7.2 Entry rules . 20
7.2.1 General . 20
7.2.2 Case studies . 20
7.3 Service guarantee rules . 22
7.3.1 General . 22
7.3.2 Case studies . 22
7.4 Rights protection rules .24
7.4.1 General .24
7.4.2 Case studies .24
7.5 Other special rules . 25
7.5.1 Transaction logistics rules . 25
7.5.2 Marketing-related rules . 25
7.5.3 Case studies . 25
8 Key aspects of developing the TOU .29
8.1 General . 29
8.2 Case studies . 30
Bibliography .32
iii
Foreword
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This document was prepared by Technical Committee ISO/TC 321, Transaction assurance in E-commerce.
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iv
Introduction
In the current E-commerce landscape, business-to-consumer (B2C) platforms are encouraged to establish
trust and security throughout the transaction process to foster consumer confidence and loyalty. One key
element of this is the effective development and implementation of terms of use (TOU), which directly affect
the entire transaction life-cycle. However, many B2C E-commerce platforms currently face challenges such
as lack of transparency, consistency and comprehensive protection of both consumers and sellers.
ISO/TC 321's cornerstone standard, ISO 32111, identifies TOU as one of the critical assurance elements
for ensuring secure and transparent E-commerce transactions. This document serves as an important
complement to ISO 32111, forming part of the broader system for transaction assurance in E-commerce.
The purpose of this document is to support all stakeholders to develop and implement TOU through case
studies of highly acclaimed B2C E-commerce platforms. This document supports stakeholders in aligning
TOU development with ISO/TC 321’s transaction assurance framework. By doing so, it aims to address
existing gaps in current practices and to provide a more comprehensive structure for TOU, ultimately
fostering greater fairness, trust and consistency in global B2C E-commerce platforms.
v
FINAL DRAFT Technical Report ISO/DTR 32121:2025(en)
Transaction assurance in E-commerce — Practices for
developing terms of use for business-to-consumer (B2C)
E-commerce platforms
1 Scope
This document provides practices for developing terms of use for business-to-consumer (B2C) E-commerce
platforms, including specific principles, key elements and developing processes.
This document is applicable to all parties involved in B2C E-commerce transactions and the development
process of terms of use.
2 Normative references
The following documents are referred to in the text in such a way that some or all of their content constitutes
requirements of this document. For dated references, only the edition cited applies. For undated references,
the latest edition of the referenced document (including any amendments) applies.
ISO 32110, Transaction assurance in E-commerce — Vocabulary
ISO 32111, Transaction assurance in E-commerce — Principles and framework
3 Terms and definitions
For the purposes of this document, the terms and definitions given in ISO 32110 and ISO 32111 apply.
ISO and IEC maintain terminology databases for use in standardization at the following addresses:
— ISO Online browsing platform: available at https:// www .iso .org/ obp
— IEC Electropedia: available at https:// www .electropedia .org/
4 Methodology and overview of practices
4.1 Methodology
This document outlines practices for the optimal development and implementation of TOU based on 13 B2C
E-commerce platforms. The selection criteria for the practices are based on monthly traffic estimates, which
[1]
reflect the popularity and reach of B2C E-commerce platforms, as outlined in , which provides reliable and
up-to-date information that has been thoroughly fact-checked.
4.2 Criteria for platform selection
To ensure the practices reflect representativeness and applicability, the selection process involved multiple
dimensions identified as critical factors:
— Traffic volume: Initial screening based on marketplaces with monthly visits exceeding one million;
— Product categories: Focus on platforms that offer a broad range of general consumer goods, notably
Fashion, Houseware, Books, Electronics, Arts, Crafts and Gifts;
— Global market: Prioritization of platforms well-established in diverse regions and countries to reflect
global market distribution with solving jurisdictional issues under various legal systems.
4.3 Overview of selected practices
Overview of selected B2C E-commerce platforms and their TOU details are shown in Table 1.
Table 1 — Overview of B2C E-commerce platforms and TOU details
Platform Product category Overview Platform role
The Platform A is one of
the world's largest E-com-
merce platforms, offering a
vast selection of products,
from books and electronics
Direct seller and Interme-
A General to clothing and household
diary
items. Users agree to a
comprehensive Conditions
of Use that outlines terms
for usage, privacy, and intel-
lectual property.
The Platform B is a mul-
tinational E-commerce
corporation that facilitates
consumer-to-consumer
B General (C2C) and business-to-con- Intermediary
sumer (B2C) sales. Its user
Agreement details the
policies for both buying and
selling.
The Platform C is a prom-
inent player in the retail
sector, particularly in the
United States. The Platform
C's Terms and Conditions
C General outline the general con- Direct seller & Intermediary
ditions governing the use
of its Platform, covering
aspects like account crea-
tion, user transactions, and
specific services.
The Platform D is a dom-
inant B2C E-commerce
platform in Southeast Asia,
known for its wide product
D General selection. Its Terms of Intermediary
Service outline user obliga-
tions, prohibited conduct,
and the Platform's rights
regarding transactions.
The Platform E is a global
retail service marketplace,
focusing on connecting
E General buyers with Chinese sell- Intermediary
ers. It has a detailed TOU
regarding transactions and
intellectual property.
TTabablele 1 1 ((ccoonnttiinnueuedd))
Platform Product category Overview Platform role
The Platform F is a mar-
ketplace for handmade,
vintage, and craft items.
Its TOU include specific
F Arts, Crafts & Gifts guidelines for account cre- Intermediary
ation, user responsibilities,
transaction, intellectual
property rights, and dispute
resolution procedures.
The Platform G operates
a significant online retail
platform in addition to its
Direct seller and Interme-
G General brick-and-mortar stores. Its
diary
TOU cover online shopping,
including policies on pric-
ing, order, and returns.
The Platform H is a Chinese
online shopping website
known for its wide range of
products. It operates under
Direct seller and Interme-
H General a Service Agreement that
diary
mainly includes rules for
account registration, user
conduct, privacy policy, and
dispute resolution.
The Platform I is a Chinese
E-commerce platform
known for its group-buy-
ing feature, Fully-Managed
Direct seller and Interme-
I General and Semi-Managed model.
diary
Its TOU mainly outline the
conditions for user require-
ments and registration,
privacy.
The Platform J is a South-
east Asian E-commerce
platform offering a wide
variety of products. It has
J General Terms and Conditions that Intermediary
mainly details the provi-
sions for general use of
services, digital payment
and privacy.
The Platform K is a leading
online marketplace in
Poland, offering various
products and services.
Users agree to Terms and
K General Conditions that cover gener- Intermediary
al provisions, participation
conditions, transaction
processes, user obligations,
fees, privacy, amendments,
and dispute resolution.
TTabablele 1 1 ((ccoonnttiinnueuedd))
Platform Product category Overview Platform role
The Platform L is one of
India's largest E-commerce
platforms, known for its
wide range of products. Its Direct seller and Interme-
L General
TOU mainly include guide- diary
lines for online transac-
tions, customer and seller
protection.
The Platform M is a major
German E-commerce
marketplace specializing
in fashion, home goods,
and electronics. Its Terms
and Conditions feature
M General consumer-friendly provi- Intermediary
sions, including a 14-day
right of withdrawal, clear
return policies, and prompt
refunds, ensuring a secure
and transparent shopping
experience.
5 Specific principles
5.1 Transparency
5.1.1 General
Transparency refers to the clarity and simplicity of the TOU for B2C E-commerce platforms. To this end,
the TOU can be written in clear and understandable language and structured in a way that allows users
to quickly grasp the information. Transparency ensures that users clearly understand the terms of use
of E-commerce platform, which builds trust and reduces the likelihood of disputes. This enables users to
navigate the Platform confidently, improving transaction reliability and safety. Key features include:
— key terms and their meanings clearly defined at the beginning or presented in schedule;
— the TOU structure presented with a clear Table of Contents for categorized indexing;
— important content emphasized using either uppercase letters or bolded font, or both, when necessary.
5.1.2 Case studies
Platform B, J, and K give the practice on transparency (see Table 2).
Table 2 — Practices of B2C E-commerce platforms regarding the principle of transparency
Platform Detailed features Example
PLEASE READ THIS SECTION CARE-
FULLY. IT AFFECTS YOUR RIGHTS
AND WILL HAVE A SUBSTANTIAL
IMPACT ON HOW CLAIMS YOU AND
Platform B HAVE AGAINST EACH
OTHER ARE RESOLVED.
In this Legal Disputes section, the
term "related third parties" includes
your and the Platform B's respec-
tive affiliates, subsidiaries, parent
companies, predecessors, successors,
assigns, as well as your, Platform B's,
and these entities' respective employ-
Content emphasized in uppercase ees and agents.
B
letters or bolded font, or both
You and the Platform B each agree
that any and all claims or disputes at
law or equity that has arisen, or may
arise, between you and the Platform
B (or any related third parties) that
relate in any way to or arise out of
this or previous versions of this User
Agreement, your use of or access to
the Services, the actions of the Plat-
form B or its agents, or any products
or services sold, offered, or purchased
through the Services, will be resolved
in accordance with the provisions set
forth in this Legal Disputes section.
TTabablele 2 2 ((ccoonnttiinnueuedd))
Platform Detailed features Example
Definitions & Interpretation
Unless otherwise defined, the defi-
nitions and provisions in respect of
interpretation set out in Schedule 1
will apply to these Terms of Use.
Schedule 1
1. Definitions. Unless the context
otherwise requires, the following
expressions shall have the following
meanings in these Terms of Use:
1.1 “Business Day” means a day (ex-
cluding Saturdays and Sundays) on
which banks generally are open for
business in Philippines.
1.2 “Customer” means an author-
ized user of the Platform and/or the
Services.
1.3 “Customer Contract” shall be as
defined in Clause 2.6.
1.4 “Intellectual Property” means all
copyright, patents, utility innova-
tions, trademarks and service marks,
geographical indications, domain
names, layout design rights, regis-
tered designs, design rights, database
rights, trade or business names,
rights protecting trade secrets and
Key terms outlined upfront of TOU or
J
confidential information, rights pro-
in schedule
tecting goodwill and reputation, and
all other similar or corresponding
proprietary rights and all applica-
tions for the same, whether presently
existing or created in the future, an-
ywhere in the world, whether regis-
tered or not, and all benefits, privileg-
es, rights to sue, recover damages and
obtain relief or other remedies for any
past, current or future infringement,
misappropriation or violation of any
of the foregoing rights.
1.5 “the Platform J Indemnities”
means the Platform J, its affiliates and
all of its respective officers, employ-
ees, directors, agents, contractors and
assigns.
1.6 “the Platform J” refers to Platform
J E-Services Philippines, Inc., a com-
pany incorporated pursuant to the
laws of Philippines under registration
number CS2012*****and having its
registered address at ******, Philip-
pines.
1.7 “Listing Price” means the price of
Products listed for sale to Customers,
as stated on the Platform.
TTabablele 2 2 ((ccoonnttiinnueuedd))
Platform Detailed features Example
Please note that Section 11 of the
Terms below contains a binding
arbitration agreement and class
action waiver for users in North and
South America. By agreeing to the
Terms, you and the Platform F agree
to submit any disputes between us
exclusively to individual arbitration
and not to sue in court, except in the
limited circumstances described
below.
a) Accepting These Terms
b) Those Other Documents We
Mentioned
c) Your Privacy
d) Your Account with the Platform F
e) Your Content
f) Your Use of Our Services
Structure of TOU with clear contents
F
index
g) Termination
h) Warranties and Limitation of
Liability (or the Things You Can’t
Sue Us For)
i) Indemnification (and What
Happens If You Get Us Sued)
j) Disputes with Other Users
k) Arbitration and Dispute
Resolution Agreement (North
and South America)
l) Dispute Resolution (Rest of
World)
m) Changes to the Terms
n) Some Finer Legal Points
o) Contact Information
TTabablele 2 2 ((ccoonnttiinnueuedd))
Platform Detailed features Example
Table of Contents
I. GENERAL PROVISIONS
Section 1. DEFINITIONS
Section 2. TERMS & CONDITIONS OF
PARTICIPATION IN the Platform K
Section 2a. the Platform K BUSINESS
Section 2b. THE FAMILY GROUP
FUNCTIONALITY
II. DETAILED PROVISIONS
Section 3. OFFERS
Section 4. FORBIDDEN GOODS
Section 5. COMMENCING A TRANS-
ACTION
Section 6. COURSE OF TRANSACTION
Section 7. AGREEMENT CONCLUDED
AS PART OF THE OFFER
Section 8. ROLE OF the Platform K
Section 9. FEES AND SALES COMMIS-
SIONS, SECURITY OF THE COMPA-
NY'S CLAIMS
Section 10. OTHER OBLIGATIONS OF
USERS
Section 11. RATING SYSTEM
K
III. FINAL PROVISIONS
Section 12. OTHER SERVICES
Section 13. PRIVACY AND CONFIDEN-
TIALITY
Section 14. AMENDMENTS TO THE
Platform K TERMS & CONDITIONS
Section 15. TERMINATION OF THE
AGREEMENT WITH THE COMPANY
Section 16. CONTACT DETAILS AND
COMPLAINTS PROCEDURE
Section 17. GOVERNING LAW AND
DISPUTES
Section 18. APPENDIXES
Section 19. VALIDITY
Section 20. LANGUAGE VERSIONS OF
THE Platform K TERMS & CONDI-
TIONS
Section 21. INTERNAL COM-
PLAINT-HANDLING SYSTEM
Section 22. EXPLOSIVES PRECUR-
SORS
Section 23. RECOMMENDATION
SYSTEM
5.2 Intellectual property protection
5.2.1 General
Intellectual property protection refers to safeguarding and respecting intellectual property rights. The
terms related to intellectual property protection reflect the B2C E-commerce platform's role in safeguarding
and managing intellectual property. It also ensures that the platform operators and service providers within
the platform properly handle and utilize intellectual property, while promoting respect and understanding
of intellectual property among users and the general public.
5.2.2 Case studies
The Platform A, E, and G give the practice on intellectual property protection (see Table 3).
Table 3 — Practices of B2C E-commerce platforms regarding the principle of intellectual property
protection
Platform Example
INTELLECTUAL PROPERTY COMPLAINTS The Platform A
respects the intellectual property of others. If you believe
that your intellectual property rights are being infringed,
please follow our Notice and Procedure for Making
Claims of Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
A
INTELLECTUAL PROPERTY INFRINGEMENT If you
believe that your intellectual property rights have been
infringed, please submit your complaint using our on-
line form. This form may be used to report all types of
intellectual property claims including, but not limited to,
copyright, trademark, and patent claims.
Intellectual Property Rights
The Platform E.com is the sole owner or lawful licensee
of all the rights and interests in the Sites and the Site
Content. The Sites and Site Content embody trade secrets
and other intellectual property rights protected under
E
worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Sites and Site
Content shall remain with Platform E.com, our affiliates
or licensors, as the case may be. All rights not otherwise
claimed under the Terms or by the Platform E.com are
hereby reserved.
Intellectual Property
The Platform G Sites and all Materials, and all copyrights,
trademarks, trade dress, and other intellectual property
rights therein (collectively, the “IP”) are owned or con-
trolled by or licensed to the Platform G, and are protected
G
by U.S. and international trademark, copyright, and other
intellectual property laws. Materials are licensed (not
sold) to end users. Subject to your compliance with these
Terms of Use, and solely for so long as you are permitted
by the Platform G to use the Platform G Sites.
5.3 Multi-party participation
5.3.1 General
Multi-party participation refers to the involvement of multiple stakeholders, such as business, user, third-
party payment service provider, collection agent for goods and logistic service provider in B2C E-commerce
transaction. By engaging these diverse parties, the Platforms can address issues more comprehensively,
leading to better overall user experiences and more efficient problem-solving.
NOTE For further types and descriptions on participants of E-commerce transaction, see ISO 32110.
5.3.2 Case studies
The Platform C and L give the practice on multi-party participation (see Table 4).
Table 4 — Practices of B2C E-commerce platforms regarding the principle of multi-party
participation
Platform Example
All content included on the Site such as text, graphics,
logos, images, audio clips, video, data, music, software,
application updates, and other material (collectively
"Content") is owned or licensed property of the Plat-
form C or its suppliers or licensors, including Platform
C Plus Partners (as defined herein), and is protected by
C copyright, trademark, patent or other proprietary rights.
The collection, arrangement and assembly of all Content
on the Site is the exclusive property of Platform C Brands,
Inc. and protected by U.S. and international copyright
laws. Platform C and its suppliers and licensors, including
the Platform C Plus Partners, expressly reserve all intel-
lectual property rights in all Content.
Payment Facility for Buyers
You, as a Buyer, understand that the Payment Facility
may not be available in full or in part for certain category
of products and/or services and/or Transactions as men-
tioned in the Policies and hence You may not be entitled
to a refund in respect of the Transactions for those prod-
L
ucts and /or services.
... ...
For electronics payments, refund shall be made through
payment facility using N*** / R*** or any other online
banking / electronic funds transfer system approved by
R****** **** ***** (R**).
5.4 Continual improvement
5.4.1 General
Continual improvement refers to regular updates on the platform and the TOU, with reasonable efforts made
to notify users of any changes. Regular updates and continuous improvements keep users informed of the
latest terms and practices, which strengthens the platform’s security and adaptability. This helps maintain
a safe and trustworthy environment for transactions. Mechanisms such as in-platform feedback forms,
customer service interaction analysis, user surveys, and comment or review mining can be integrated to
collect user input and support the continual improvement of the TOU.
5.4.2 Case studies
The Platform A-L give the practice on continual improvement (see Table 5).
Table 5 — Practices of B2C E-commerce platforms regarding the principle of continual improvement
Platform Example
Regular updates of TOU version
Last updated: September 14, 2022
This User Agreement is effective upon acceptance for new
users, and from July 26, 2024 for existing users.
Updated: August 14, 2024
Last Updated: 1 August 2024
New version - updated on June 27, 2024 and effective as
A-K
of July 12, 2024
Last updated on Sep 19, 2024
Last Updated May 15, 2024
Updated: December 31, 2022
Last updated: June 6, 2024
Last Updated: July 30, 2024
Valid from September 19, 2024
Customer service support line
At the Platform L we are committed towards ensuring
that disputes between sellers and buyers are settled ami-
cably by way of the above dispute resolution mechanisms
and procedures. However, in the event that a buyer wish-
L
es to contact the seller, he/ she may proceed to do so by
accessing the seller related information made available
by the sellers on their product listing pages. Alternative-
ly, the buyers may also reach out to customer support at
044-******** or access help center at https:// www .the
Platform L .com/ helpcentre.
6 Classification of TOU
6.1 General
To identify the essential components of TOU with full coverage of the E-commerce transaction life cycle,
the Pre-, In-, and Post-transaction phases, as defined in the activities during the transaction process of
ISO 32111, are taken into account (see Table 6).
NOTE The relevance of each TOU classification can differ depending on the platform role. Direct seller platforms
tend to focus on transaction terms, consumer rights protection, and dispute resolution, while intermediary platforms
emphasize account management, platform governance, and operator compliance.
Table 6 — Classification of TOU in alignment with the Pre-, In-, and Post-transaction phases
Classification Pre-transaction In-transaction Post-transaction Note
Account management √ Related to user regis-
and platform govern- tration, account con-
ance measures trol and rule-setting.
Compliance commit- √ √ √ Commitments span all
ments from operators phases: access, oper-
and integrity commit- ation and post-trans-
ments from users action.
Transaction terms √ Covers core activities
such as ordering, pay-
ment, delivery.
TTabablele 6 6 ((ccoonnttiinnueuedd))
Classification Pre-transaction In-transaction Post-transaction Note
Anti-unfair competi- √ √ Address pricing,
tion and anti-monopo- exclusive agreements
ly terms and fair competition.
Consumer rights pro- √ √ Involves warranty,
tection returns, after-sales
support.
Dispute resolution √ Includes complaints,
mechanisms mediation, arbitration
and legal processes.
6.2 Case studies
The Platform B, E, F, H, I, J, K and L show the classification of terms (see Table 7).
Table 7 — Practices of B2C E-commerce platforms regarding the classification of TOU
Platform Category Example
I Account and Platform Governance User Requirements and Registration
To use the Services, you represent that
you are at least eighteen (18) years
old and of legal age to form a binding
contract. Minors under 18 and at least
13 years of age are only permitted to
use our Services through an Account
owned by a parent or legal guardian
with their appropriate permission and
under their direct supervision. Chil-
dren under 13 years are not permitted
to use the Platform I or the Services.
Products for children’s use may be sold
on the Platform I. However, these prod-
ucts are intended for sale to adults.
Certain products may be intended for
individuals of certain ages or “mature
audiences” only. By ordering such
products, you certify that you are old
enough to view, use, own, or receive
them. We are not responsible for
third-party content that you may find
offensive, indecent, or objectionable.
You may not use the Services if: (a)
you cannot enter into a binding con-
tract with us; (b) you are located in a
country embargoed by your country of
residence or other relevant country; (c)
you are on any agency list of prohibited
persons or entities, such as the U.S.
Treasury Department's list of Specially
Designated Nationals; or (d) you are
banned from using the Services by us,
in our sole discretion.
To access or use some of our Servic-
es, you may be required to create an
account with us. When creating your
account on the Platform I (“Account”),
you agree to provide true, accurate,
complete, and updated information
about yourself, including contact de-
tails. You are responsible for keeping
your registration information with
us up to date. You are responsible for
all activities that occur under your
Account. You agree that you shall
monitor your Account to restrict use
by minors, and you will accept full
responsibility for any unauthorized
use of the Services by minors. You
may not select as your user name a
name that you don't have the right to
use, or another person's name with
the intent to impersonate that person.
You may not transfer your Account to
anyone else without our prior written
permission. You agree not to create an
Account or use the Services if you have
been permanently banned from any of
the Services. You may not share your
Account or password with anyone, and
you agree to notify us immediately of
any unauthorized use of your password
TTabablele 7 7 ((ccoonnttiinnueuedd))
Platform Category Example
or any other breach of security and to
exit from your Account at the end of
each session.
H Account Registration and Use
User Eligibility
You confirm that before you begin
the registration process to use the
Platform H services, you should have
the capacity for civil conduct corre-
sponding to your conduct as prescribed
by the laws of the People's Republic of
China. If you do not have the afore-
said capacity for civil conduct that is
compatible with your behavior, you
and your guardian shall bear all the
consequences arising therefrom in
accordance with the law.
In addition, you also need to ensure
that you are not the subject of trade
restrictions, economic sanctions or
other laws and regulations imposed
by any country, region or international
organization, nor have you directly
or indirectly provided funds, goods
or services to the aforesaid objects,
otherwise you should stop using the
Platform H Services, and at the same
time, you understand that violating the
above requirements may cause you to
be unable to register and use the Plat-
form H Services normally.
TTabablele 7 7 ((ccoonnttiinnueuedd))
Platform Category Example
J Transaction Protection against Unauthorized
Transactions
The Platform J will provide you with
compensation for Unauthorized Trans-
actions (defined below), provided that
you comply with the procedures set out
within the Policy.
An "Unauthorized Transaction" occurs
when, because of a fraudulent take-
over of the Platform J Account:
— a transaction is made from the
value stored within your Platform
J Wallet that you did not authorize
and that did not benefit you;
— a transaction or Top Up to the
Platform J wallet is made from a
credit or debit card saved in your
Platform J Account that you did not
authorise and that did not benefit
you; or
— a transaction or Top Up to the
Platform J wallet is made from
the Direct Link account, that you
did not authorise and that did not
benefit you.
Notwithstanding the foregoing, you
have an obligation to ensure the
safety and security of your Platform J
Account. If you authorize someone to
access your Wallet by providing them
with your login information or other-
wise, and they conduct transactions
without your knowledge or permission,
you shall be responsible for all conse-
quences arising from such use.
E Consumer rights Each Member further represents,
warrants and agrees that the User
Content that you submit, post or
display shall:
Not violate any applicable laws and
regulations (including, without limita-
tion, those governing export control,
consumer protection, unfair competi-
tion, price gouging or false advertising)
or promote any activities which may
violate any applicable laws and regula-
tions.
F If you are an individual consumer, you
may be entitled to invoke the man-
datory consumer protection laws of
your country of residence, and/or to
bring legal proceedings in the courts
of that country. If the Platform F needs
to enforce its rights against you as an
individual consumer, we will do so only
in your country of residence. The appli-
cation of the United Nations Conven-
tion on Contracts for the International
Sale of Goods (CISG) is excluded.
TTabablele 7 7 ((ccoonnttiinnueuedd))
Platform Category Example
E Anti-unfair competition and monopoly Each Member represents, warrants
and agrees that:
You and your affiliates shall comply
w
...
ISO/TC 321
ISO/CD TR 32121(en)
Secretariat: SAC
Date: 2025-10-07
Transaction assurance in E-commerce – — Practices for developing
terms of use for business-to-consumer (B2C e) E-commerce
platformplatforms
All rights reserved. Unless otherwise specified, or required in the context of its implementation, no part of this publication
may be reproduced or utilized otherwise in any form or by any means, electronic or mechanical, including photocopying,
or posting on the internet or an intranet, without prior written permission. Permission can be requested from either ISO
at the address below or ISO’s member body in the country of the requester.
ISO copyright office
CP 401 • Ch. de Blandonnet 8
CH-1214 Vernier, Geneva
Phone: + 41 22 749 01 11
E-mail: copyright@iso.org
Website: www.iso.org
Published in Switzerland
ii
Contents
Foreword . iv
Introduction . v
1 Scope . 1
2 Normative references . 1
3 Terms and definitions . 1
4 Methodology and overview of practices . 1
4.1 Methodology . 1
4.2 Criteria for platform selection . 1
4.3 Overview of selected practices . 2
5 Specific principles . 4
5.1 Transparency . 4
5.2 Intellectual property protection . 8
5.3 Multi-party participation . 9
5.4 Continual improvement . 10
6 Classification of TOU . 11
6.1 General . 11
6.2 Case studies . 12
7 Key elements . 17
7.1 General rules . 17
7.2 Entry rules . 19
7.3 Service guarantee rules . 21
7.4 Rights protection rules . 24
7.5 Other special rules . 25
8 Key aspects of developing the TOU . 30
8.1 General . 30
8.2 Case studies . 30
Bibliography . 33
iii
Foreword
ISO (the International Organization for Standardization) is a worldwide federation of national standards
bodies (ISO member bodies). The work of preparing International Standards is normally carried out through
ISO technical committees. Each member body interested in a subject for which a technical committee has been
established has the right to be represented on that committee. International organizations, governmental and
non-governmental, in liaison with ISO, also take part in the work. ISO collaborates closely with the
International Electrotechnical Commission (IEC) on all matters of electrotechnical standardization.
The procedures used to develop this document and those intended for its further maintenance are described
in the ISO/IEC Directives, Part 1. In particular, the different approval criteria needed for the different types of
ISO document should be noted. This document was drafted in accordance with the editorial rules of the
ISO/IEC Directives, Part 2 (see www.iso.org/directives).
ISO draws attention to the possibility that the implementation of this document may involve the use of (a)
patent(s). ISO takes no position concerning the evidence, validity or applicability of any claimed patent rights
in respect thereof. As of the date of publication of this document, ISO [had/had not] received notice of (a)
patent(s) which may be required to implement this document. However, implementers are cautioned that this
may not represent the latest information, which may be obtained from the patent database available at
www.iso.org/patents. ISO shall not be held responsible for identifying any or all such patent rights.
Any trade name used in this document is information given for the convenience of users and does not
constitute an endorsement.
For an explanation of the voluntary nature of standards, the meaning of ISO specific terms and expressions
related to conformity assessment, as well as information about ISO's adherence to the World Trade
Organization (WTO) principles in the Technical Barriers to Trade (TBT), see www.iso.org/iso/foreword.html.
This document was prepared by Technical Committee ISO/TC 321, Transaction assurance in E-commerce.
Any feedback or questions on this document should be directed to the user’s national standards body. A
complete listing of these bodies can be found at www.iso.org/members.html.
iv
Introduction
In the current E-commerce landscape, Businessbusiness-to-Consumerconsumer (B2C) platforms are
encouraged to establish trust and security throughout the transaction process to foster consumer confidence
and loyalty. One key element of this is the effective development and implementation of Termsterms of Useuse
(TOU), which directly affect the entire transaction life-cycle. However, many B2C E-commerce platforms
currently face challenges such as lack of transparency, consistency, and comprehensive protection of both
consumers and sellers.
ISO/TC 321's cornerstone standard, ISO 32111, identifies TOU as one of the critical assurance elements for
ensuring secure and transparent E-commerce transactions. This document serves as an important
complement to ISO 32111, forming part of the broader system for transaction assurance in E-commerce.
The purpose of this document is to support all stakeholders to develop and implement TOU through case
studies of highly acclaimed B2C E-commerce platforms. Besides, thisThis document supports stakeholders in
aligning TOU development with ISO/TC 321’s transaction assurance framework. By doing so, it aims to
address existing gaps in current practices and to provide a more comprehensive structure for TOU, ultimately
fostering greater fairness, trust, and consistency in global B2C E-commerce platforms.
v
Transaction assurance in E-commerce – — Practices for developing
terms of use for business-to-consumer (B2C e) E-commerce
platformplatforms
1 Scope
This document provides practices for developing terms of use for business-to-consumer (B2C) E-commerce
platforms, including specific principles, key elements and developing processes.
This document is applicable to all parties involved in B2C E-commerce transactions and the development
process of terms of use.
2 Normative references
The following documents are referred to in the text in such a way that some or all of their content constitutes
requirements of this document. For dated references, only the edition cited applies. For undated references,
the latest edition of the referenced document (including any amendments) applies.
ISO 32110:2023, Transaction assurance in E-commerce — Vocabulary
ISO 32111:2023, Transaction assurance in E-commerce — Principles and framework
3 Terms and definitions
For the purposes of this document, the following terms and definitions / terms and definitions given in ISO
32110 and ISO 32111 apply.
ISO and IEC maintain terminologicalterminology databases for use in standardization at the following
addresses:
— IEC Electropedia: available at ISO Online browsing platform: available at https://www.iso.org/obp
— IEC Electropedia: available at https://www.electropedia.org/
4 Methodology and overview of practices
4.1 Methodology
This document outlines practices for the optimal development and implementation of Terms of Use (TOU)
based on 13 B2C E-commerce platforms. The selection criteria for the practices are based on monthly traffic
[1]
estimates, which reflect the popularity and reach of B2C E-commerce platforms, as outlined in the report
titled The World’s Top Online Marketplaces 2023 ,, which provides reliable and up-to-date information that
has been thoroughly fact-checked.
4.2 Criteria for platform selection
To ensure the practices reflect representativeness and applicability, the selection process involved multiple
dimensions identified as critical factors.:
— Traffic volume: Initial screening based on marketplaces with monthly visits exceeding one million;
— Product categories: Focus on platforms that offer a broad range of general consumer goods, notably
Fashion, Houseware, Books, Electronics, Arts, Crafts and Gifts;
— Global market: Prioritization of platforms well-established in diverse regions and countries to reflect
global market distribution with solving jurisdictional issues under various legal systems.
4.3 Overview of selected practices
Overview of selected B2C E-commerce platforms and their terms of use (TOU) details are shown in Table
1Table 1.
Table 1 — Overview of B2C E-commerce platforms and TOU details
Platform Product category Overview Platform role
The Platform A is one of
the world's largest E-
commerce platforms,
offering a vast selection of
products, from books and
electronics to clothing and Direct seller &and
A General
household items. Users Intermediary
agree to a comprehensive
Conditions of Use that
outlines terms for usage,
privacy, and intellectual
property.
The Platform B is a
multinational E-commerce
corporation that facilitates
consumer-to-consumer
B General (C2C) and business-to- Intermediary
consumer (B2C) sales. Its
Useruser Agreement
details the policies for both
buying and selling.
The Platform C is a
prominent player in the
retail sector, particularly in
the United States. The
Platform C's Terms &and
Conditions outline the Direct seller &
C General
general conditions Intermediary
governing the use of its
Platform, covering aspects
like account creation, user
transactions, and specific
services.
The Platform D is a
dominant B2C E-
commerce platform in
Southeast Asia, known for
its wide product selection.
D General Intermediary
Its Terms of Service
outline user obligations,
prohibited conduct, and
the Platform's rights
regarding transactions.
The Platform E is a global
E General Intermediary
retail service marketplace,
Platform Product category Overview Platform role
focusing on connecting
buyers with Chinese
sellers. It has a detailed
Terms of UseTOU
regarding transactions and
intellectual property.
The Platform F is a
marketplace for
handmade, vintage, and
craft items. Its Terms of
UseTOU include specific
guidelines for account
F Arts, Crafts & Gifts Intermediary
creation, user
responsibilities,
transaction, intellectual
property rights, and
dispute resolution
procedures.
The Platform G operates a
significant online retail
platform in addition to its
brick-and-mortar stores. Direct seller &and
G General
Its Terms of UseTOU cover Intermediary
online shopping, including
policies on pricing, order,
and returns.
The Platform H is a
Chinese online shopping
website known for its wide
range of products. It
operates under a Service Direct seller &and
H General
Agreement that mainly Intermediary
includes rules for account
registration, user conduct,
privacy policy, and dispute
resolution.
The Platform I is a Chinese
E-
commerceplatformcomme
rce platform known for its
group-buying feature,
Fully-Managed and Semi- Direct seller &and
I General
Managedmodel.Managed Intermediary
model. Its Terms of
UseTOU mainly outline the
conditions for user
requirements and
registration, privacy.
The Platform J is a
Southeast Asian E-
commerce platform
J General Intermediary
offering a wide variety of
products. It has Terms and
Conditions that mainly
details the provisions for
Platform Product category Overview Platform role
general use of services,
digital payment and
privacy.
The Platform K is a leading
online marketplace in
Poland, offering various
products and services.
Users agree to Terms and
Conditions that cover
K General Intermediary
general provisions,
participation conditions,
transaction processes, user
obligations, fees, privacy,
amendments, and dispute
resolution.
The Platform L is one of
India's largest E-commerce
platforms, known for its
wide range of products. Its
Direct seller &and
L General Terms of UseTOU mainly
Intermediary
include guidelines for
online transactions,
customer and seller
protection.
The Platform M is a major
German E-commerce
marketplace specializing in
fashion, home goods, and
electronics. Its Terms
&and Conditions feature
M General consumer-friendly Intermediary
provisions, including a 14-
day right of withdrawal,
clear return policies, and
prompt refunds, ensuring
a secure and transparent
shopping experience.
5 Specific principles
5.1 Transparency
5.1.1 General
Transparency refers to the clarity and simplicity of the TOU for B2C E-commerce platforms. To this end, the
TOU can be written in clear and understandable language and structured in a way that allows users to quickly
grasp the information. Transparency ensures that users clearly understand the terms of use of E-commerce
platform, which builds trust and reduces the likelihood of disputes. This enables users to navigate the Platform
confidently, improving transaction reliability and safety. Key features include:
— key terms and their meanings clearly defined at the beginning or presented in schedule;
— the TOU structure presented with a clear Table of Contents for categorized indexing;
— important content emphasized using either uppercase letters and/or boldbolded font, or both, when
necessary.
5.1.2 Case studies
Platform B, J, and K give the practice on transparency (see Table 2Table 2).).
Table 2 — Practices of B2C E-commerce platforms regarding the principle of transparency
Platform Detailed features Example
PLEASE READ THIS SECTION
CAREFULLY. IT AFFECTS YOUR
RIGHTS AND WILL HAVE A
SUBSTANTIAL IMPACT ON HOW
CLAIMS YOU AND Platform B HAVE
AGAINST EACH OTHER ARE
RESOLVED.
In this Legal Disputes section, the
term "related third parties" includes
your and the Platform B's respective
affiliates, subsidiaries, parent
companies, predecessors,
successors, assigns, as well as your,
Platform B's, and these entities'
Content emphasized in uppercase
respective employees and agents.
B letters and/or boldbolded font, or
both
You and the Platform B each agree
that any and all claims or disputes at
law or equity that has arisen, or may
arise, between you and the Platform
B (or any related third parties) that
relate in any way to or arise out of
this or previous versions of this User
Agreement, your use of or access to
the Services, the actions of the
Platform B or its agents, or any
products or services sold, offered, or
purchased through the Services, will
be resolved in accordance with the
provisions set forth in this Legal
Disputes section.
Definitions & Interpretation
Unless otherwise defined, the
definitions and provisions in respect
of interpretation set out in Schedule
1 will apply to these Terms of Use.
Schedule 1
Key terms outlined upfront of TOU
1. Definitions. Unless the context
J
or in schedule
otherwise requires, the following
expressions shall have the following
meanings in these Terms of Use:
1.1 “Business Day” means a day
(excluding Saturdays and Sundays)
on which banks generally are open
for business in Philippines.
Platform Detailed features Example
1.2 “Customer” means an
authorisedauthorized user of the
Platform and/or the Services.
1.3 “Customer Contract” shall be as
defined in Clause 2.6.
1.4 “Intellectual Property” means all
copyright, patents, utility
innovations, trademarks and service
marks, geographical indications,
domain names, layout design rights,
registered designs, design rights,
database rights, trade or business
names, rights protecting trade
secrets and confidential information,
rights protecting goodwill and
reputation, and all other similar or
corresponding proprietary rights
and all applications for the same,
whether presently existing or
created in the future, anywhere in
the world, whether registered or not,
and all benefits, privileges, rights to
sue, recover damages and obtain
relief or other remedies for any past,
current or future infringement,
misappropriation or violation of any
of the foregoing rights.
1.5 “the Platform J
IndemniteesIndemnities” means the
Platform J, its affiliates and all of its
respective officers, employees,
directors, agents, contractors and
assigns.
1.6 “the Platform J” refers to
Platform J E-Services Philippines,
Inc., a company incorporated
pursuant to the laws of Philippines
under registration number
CS2012*****and having its
registered address at ******,
Philippines.
1.7 “Listing Price” means the price of
Products listed for sale to Customers,
as stated on the Platform.
Please note that Section 11 of the
Terms below contains a binding
arbitration agreement and class
action waiver for users in North and
South America. By agreeing to the
Structure of TOU with clear contents
F Terms, you and the Platform F agree
index
to submit any disputes between us
exclusively to individual arbitration
and not to sue in court, except in the
limited circumstances described
below.
Platform Detailed features Example
a) Accepting These Terms
b) Those Other Documents We
Mentioned
c) Your Privacy
d) Your Account with the
Platform F
e) Your Content
f) Your Use of Our Services
g) Termination
h) Warranties and Limitation of
Liability (or the Things You
Can’t Sue Us For)
i) Indemnification (and What
Happens If You Get Us Sued)
j) Disputes with Other Users
k) Arbitration and Dispute
Resolution Agreement (North
and South America)
l) Dispute Resolution (Rest of
World)
m) Changes to the Terms
n) Some Finer Legal Points
o) Contact Information
Table of contentsContents
I. GENERAL PROVISIONS
Section 1. DEFINITIONS
Section 2. TERMS & CONDITIONS OF
PARTICIPATION IN the Platform K
Section 2a. the Platform
KBUSINESSK BUSINESS
K
Section 2b. THE FAMILY GROUP
FUNCTIONALITY
II. DETAILED PROVISIONS
Section 3. OFFERS
Section 4. FORBIDDEN GOODS
Section 5. COMMENCING A
TRANSACTION
Platform Detailed features Example
Section 6. COURSE OF
TRANSACTION
Section 7. AGREEMENT CONCLUDED
AS PART OF THE OFFER
Section 8. ROLE OF the Platform K
Section 9. FEES AND SALES
COMMISSIONS, SECURITY OF THE
COMPANY'S CLAIMS
Section 10. OTHER OBLIGATIONS OF
USERS
Section 11. RATING SYSTEM
III. FINAL PROVISIONS
Section 12. OTHER SERVICES
Section 13. PRIVACY AND
CONFIDENTIALITY
Section 14. AMENDMENTS TO THE
Platform KTERMSK TERMS &
CONDITIONS
Section 15. TERMINATION OF THE
AGREEMENT WITH THE COMPANY
Section 16. CONTACT DETAILS AND
COMPLAINTS PROCEDURE
Section 17. GOVERNING LAW AND
DISPUTES
Section 18. APPENDIXES
Section 19. VALIDITY
Section 20. LANGUAGE VERSIONS OF
THE Platform KTERMSK TERMS &
CONDITIONS
Section 21. INTERNAL COMPLAINT-
HANDLING SYSTEM
Section 22. EXPLOSIVES
PRECURSORS
Section 23. RECOMMENDATION
SYSTEM
5.2 Intellectual property protection
5.2.1 General
Intellectual property protection refers to safeguarding and respecting intellectual property rights. The terms
related to intellectual property protection reflect the B2C eE-commerce platform's role in safeguarding and
managing intellectual property. It also ensures that the Platformplatform operators and service providers
within the Platformplatform properly handle and utilize intellectual property, while promoting respect and
understanding of intellectual property among users and the general public.
5.2.2 Case studies
The Platform A, E, and G give the practice on intellectual property protection (see Table 3Table 3).).
Table 3 — Practices of B2C E-commerce platforms regarding the principle of intellectual property
protection
Platform Example
INTELLECTUAL PROPERTY COMPLAINTS The Platform
A respects the intellectual property of others. If you
believe that your intellectual property rights are being
infringed, please follow our Notice and Procedure for
Making Claims of Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
A
INTELLECTUAL PROPERTY INFRINGEMENT If you
believe that your intellectual property rights have been
infringed, please submit your complaint using our
online form. This form may be used to report all types of
intellectual property claims including, but not limited to,
copyright, trademark, and patent claims.
Intellectual Property Rights
The Platform E.com is the sole owner or lawful licensee
of all the rights and interests in the Sites and the Site
Content. The Sites and Site Content embody trade secrets
and other intellectual property rights protected under
E
worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Sites and Site
Content shall remain with Platform E.com, our affiliates
or licensors, as the case may be. All rights not otherwise
claimed under the Terms or by the Platform E.com are
hereby reserved.
Intellectual Property
The Platform G Sites and all Materials, and all copyrights,
trademarks, trade dress, and other intellectual property
rights therein (collectively, the “IP”) are owned or
controlled by or licensed to the Platform G, and are
G
protected by U.S. and international trademark, copyright,
and other intellectual property laws. Materials are
licensed (not sold) to end users. Subject to your
compliance with these Terms of Use, and solely for so
long as you are permitted by the Platform G to use the
Platform G Sites.
5.3 Multi-party participation
5.3.1 General
Multi-party participation refers to the involvement of multiple stakeholders, such as business, user, third-
party payment service provider, collection agent for goods and logistic service provider in B2C E-commerce
transaction. By engaging these diverse parties, the Platforms can address issues more comprehensively,
leading to better overall user experiences and more efficient problem-solving.
NOTE For further types and descriptions on participants of E-commerce transaction, see ISO 32110:2023 .
5.3.2 Case studies
The Platform C and L give the practice on multi-party participation (see Table 4Table 4).).
Table 4 — Practices of B2C E-commerce platforms regarding the principle of multi-party
participation
Platform Example
All content included on the Site such as text, graphics,
logos, images, audio clips, video, data, music, software,
application updates, and other material (collectively
"Content") is owned or licensed property of the Platform
C or its suppliers or licensors, including Platform C Plus
Partners (as defined herein), and is protected by
copyright, trademark, patent or other proprietary rights.
C
The collection, arrangement and assembly of all Content
on the Site is the exclusive property of Platform C
Brands, Inc. and protected by U.S. and international
copyright laws. Platform C and its suppliers and
licensors, including the Platform C Plus Partners,
expressly reserve all intellectual property rights in all
Content.
Payment Facility for Buyers
You, as a Buyer, understand that the Payment Facility
may not be available in full or in part for certain category
of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be
entitled to a refund in respect of the Transactions for
L
those products and /or services.
... ...
For electronics payments, refund shall be made through
payment facility using N*** / R*** or any other online
banking / electronic funds transfer system approved by
R****** **** ***** (R**).
5.4 Continual improvement
5.4.1 General
Continual improvement refers to regular updates on the Platformplatform and the TOU, with reasonable
efforts made to notify users of any changes. Regular updates and continuous improvements keep users
informed of the latest terms and practices, which strengthens the Platform’splatform’s security and
adaptability. This helps maintain a safe and trustworthy environment for transactions. Mechanisms such as
in-platform feedback forms, customer service interaction analysis, user surveys, and comment or review
mining can be integrated to collect user input and support the continual improvement of the TOU.
5.4.2 Case studies
The Platform A-L give the practice on continual improvement (see Table 5Table 5).).
Table 5 — Practices of B2C E-commerce platforms regarding the principle of continual improvement
Platform Example
Regular updates of TOU version
Last updated: September 14, 2022
A-K
This User Agreement is effective upon acceptance for
new users, and from July 26, 2024 for existing users.
Updated: August 14, 2024
Platform Example
Last Updated: 1 August 2024
New version - updated on June 27, 2024 and effective as
of July 12, 2024
Last updated on Sep 19, 2024
Last Updated May 15, 2024
Updated: December 31, 2022
Last updated: June 6, 2024
Last Updated: July 30, 2024
Valid from September 19, 2024
Customer service support line
At the Platform L we are committed towards ensuring
that disputes between sellers and buyers are settled
amicably by way of the above dispute resolution
mechanisms and procedures. However, in the event that
a buyer wishes to contact the seller, he/ she may
L
proceed to do so by accessing the seller related
information made available by the sellers on their
product listing pages. Alternatively, the buyers may also
reach out to customer support at 044-******** or access
help center at https://www.the Platform
L.com/helpcentre.
6 Classification of TOU
6.1 General
To identify the essential components of TOU with full coverage of the eE-commerce transaction lifecyclelife
cycle, the Pre-, In-, and Post-transaction phases, as defined in the activities during the transaction process of
ISO 32111:2023, are taken into account (see Table 6Table 6).).
NOTE The relevance of each TOU classification maycan differ depending on the platform role. Direct seller platforms
tend to focus on transaction terms, consumer rights protection, and dispute resolution, while intermediary platforms
emphasize account management, platform governance, and operator compliance.
Table 6 — Classification of TOU in alignment with the Pre-, In-, and Post-transaction phases
Classification Pre-transaction In-transaction Post-transaction Note
Account √ Related to user
management and registration, account
platform governance control, and rule-
measures setting.
Compliance √ √ √ Commitments span
commitments from all phases: access,
operators and operation, and post-
integrity transaction.
commitments from
users
Transaction terms √ Covers core
activities such as
Classification Pre-transaction In-transaction Post-transaction Note
ordering, payment,
delivery.
Anti-unfair √ √ Address pricing,
competition and exclusive
anti-monopoly terms agreements, and fair
competition.
Consumer rights √ √ Involves warranty,
protection returns, after-sales
support.
Dispute resolution √ Includes complaints,
mechanisms mediation,
arbitration, and legal
processes.
6.2 Case studies
The Platform B, E, F, H, I, J, K and L show the classification of terms (see Table 7Table 7).).
Table 7 — Practices of B2C E-commerce platforms regarding the classification of TOU
Platform Category Example
I Account &and Platform Governance User Requirements and
Registration
To use the Services, you represent
that you are at least eighteen (18)
years old and of legal age to form a
binding contract. Minors under 18
and at least 13 years of age are only
permitted to use our Services
through an Account owned by a
parent or legal guardian with their
appropriate permission and under
their direct supervision. Children
under 13 years are not permitted to
use the Platform I or the Services.
Products for children’s use may be
sold on the Platform I. However,
these products are intended for sale
to adults. Certain products may be
intended for individuals of certain
ages or “mature audiences” only. By
ordering such products, you certify
that you are old enough to view, use,
own, or receive them. We are not
responsible for third-party content
that you may find offensive,
indecent, or objectionable.
You may not use the Services if: (a)
you cannot enter into a binding
contract with us; (b) you are located
in a country embargoed by your
country of residence or other
relevant country; (c) you are on any
agency list of prohibited persons or
Platform Category Example
entities, such as the U.S. Treasury
Department's list of Specially
Designated Nationals; or (d) you are
banned from using the Services by
us, in our sole discretion.
To access or use some of our
Services, you may be required to
create an account with us. When
creating your account on the
Platform I (“Account”), you agree to
provide true, accurate, complete, and
updated information about yourself,
including contact details. You are
responsible for keeping your
registration information with us up
to date. You are responsible for all
activities that occur under your
Account. You agree that you shall
monitor your Account to restrict use
by minors, and you will accept full
responsibility for any unauthorized
use of the Services by minors. You
may not select as your user name a
name that you don't have the right to
use, or another person's name with
the intent to impersonate that
person. You may not transfer your
Account to anyone else without our
prior written permission. You agree
not to create an Account or use the
Services if you have been
permanently banned from any of the
Services. You may not share your
Account or password with anyone,
and you agree to notify us
immediately of any unauthorized use
of your password or any other
breach of security and to exit from
your Account at the end of each
session.
H Account Registration and Use
User Eligibility
You confirm that before you begin
the registration process to use the
Platform H services, you should have
the capacity for civil conduct
corresponding to your conduct as
prescribed by the laws of the
People's Republic of China. If you do
not have the aforesaid capacity for
civil conduct that is compatible with
your behavior, you and your
guardian shall bear all the
consequences arising therefrom in
accordance with the law.
Platform Category Example
In addition, you also need to ensure
that you are not the subject of trade
restrictions, economic sanctions or
other laws and regulations imposed
by any country, region or
international organization, nor have
you directly or indirectly provided
funds, goods or services to the
aforesaid objects, otherwise you
should stop using the Platform H
Services, and at the same time, you
understand that violating the above
requirements may cause you to be
unable to register and use the
Platform H Services normally.
J Transaction Protection against Unauthorized
Transactions
The Platform J will provide you with
compensation for Unauthorized
Transactions (defined below),
provided that you comply with the
procedures set out within the Policy.
An "Unauthorized Transaction"
occurs when, because of a fraudulent
take-over of the Platform J Account:
— a transaction is made from the
value stored within your
Platform J Wallet that you did not
authorize and that did not benefit
you;
— a transaction or Top Up to the
Platform J wallet is made from a
credit or debit card saved in your
Platform J Account that you did
not authorise and that did not
benefit you; or
— a transaction or Top Up to the
Platform J wallet is made from
the Direct Link account, that you
did not authorise and that did not
benefit you.
Notwithstanding the foregoing, you
have an obligation to ensure the
safety and security of your Platform J
Account. If you authorize someone to
access your Wallet by providing
them with your login information or
otherwise, and they conduct
transactions without your
knowledge or permission, you shall
be responsible for all consequences
arising from such use.
Platform Category Example
E Consumer rights Each Member further represents,
warrants and agrees that the User
Content that you submit, post or
display shall:
Not violate any applicable laws and
regulations (including, without
limitation, those governing export
control, consumer protection, unfair
competition, price gouging or false
advertising) or promote any
activities which may violate any
applicable laws and regulations.
F If you are an individual consumer,
you may be entitled to invoke the
mandatory consumer protection
laws of your country of residence,
and/or to bring legal proceedings in
the courts of that country. If the
Platform F needs to enforce its rights
against you as an individual
consumer, we will do so only in your
country of residence. The application
of the United Nations Convention on
Contracts for the International Sale
of Goods (CISG) is excluded.
E Anti-unfair competition& and Each Member represents,
monopoly warrants and agrees that:
You and your affiliates shall comply
with applicable laws and regulations
in conducting your respective
business (including without
limitation applicable laws and
regulations with respect to product
safety, intellectual property rights,
data privacy, consumer protection,
product or regulatory certification,
import and export control, unfair
competition, price gouging, false
advertising, labor, environment,
health and safety, anti-bribery and
anti-money laundering).
K A review of the Goods may not
violate applicable provisions of law,
including third-party rights; in
particular, it may not be defamatory,
violate personal rights, or constitute
an act of unfair competition.
L Compliance& and Compliance with Laws
integrity commitments As required by applicable law, if the
Customer makes a purchase of an
amount equal to or above INR 2, 00,
000.00/- the Customer will be
required to upload a scanned copy of
his/her PAN card on the Platform,
within 4 days of making the
Platform Category Example
purchase, failing which, the purchase
made by the Customer will be
cancelled. The requirement to
submit the PAN card arises only once
and if it has been submitted already
by the Customer, it need not be
submitted again. The order of the
Customer shall stand cancelled if
there is a discrepancy between the
name of the Customer and the name
on the PAN Card.
Buyer and Seller shall comply with
all the applicable laws (including
without limitation Foreign Exchange
Management Act, 1999 and the rules
made and notifications issued there
under and the Exchange Control
Manual as may be issued by Reserve
Bank of India from time to time,
Customs Act, Information and
Technology Act, 2000 as amended by
the Information Technology
(Amendment) Act 2008, Prevention
of Money Laundering Act, 2002 and
the rules made there under, Foreign
Contribution Regulation Act, 1976
and the rules made there under,
Income Tax Act, 1961 and the rules
made there under, Export Import
Policy of government of India)
applicable to them respectively for
using Payment Facility and the
Platform L.
I We do not endorse User
Submissions, and they do not
represent our views. We expressly
disclaim any liability for User
Submissions or damages resulting
from them. We expect users to
maintain a high level of integrity
when submitting User Submissions
that are viewable by other users,
especially with respect to ratings
and reviews of products. You
undertake that the User Submissions
that are viewable by other users are
made truthfully in good faith and
based only on your first-hand
experience.
J Dispute resolution All disputes arising out of or in
connection with the present
contract, including any question
regarding its existence, validity or
termination, shall be finally settled in
accordance with the rules of the
Platform Category Example
Philippine Dispute Resolution
Center, Inc. (“PDRCI”) for the time
being in force, which rules are
deemed incorporated by reference
into this clause. The arbitral tribunal
shall consist of three arbitrators to
be chosen in accordance with the
rules of the PDRCI. The seat of
arbitration shall be the Philippines.
The procedural law of this seat
applicable to commercial arbitration
proceedings shall apply where the
Rules are silent. The language to be
used in the arbitration proceedings
shall be English.
B The arbitration will be administered
by the American Arbitration
Association ("AAA") under its rules
and procedures, including the AAA's
Consumer Arbitration Rules and the
AAA's Commercial Arbitration Rules,
and the AAA's International Centre
for Dispute Resolution Rules (as
applicable), as modified by this
Agreement to Arbitrate. Absent
mutual written agreement of the
parties, the AAA shall decide which
AAA rules apply to the arbitration.
The AAA's rules are available at
www.adr.org and www.icdr.org. In
the event that the AAA is unavailable
to administer the arbitration,
another administrator will be
selected by the parties or, if the
parties cannot reach agreement, the
court shall select the administrator.
7 Key elements
7.1 General rules
7.1.1 General
The general rules are usually placed at the beginning of the TOU, covering key aspects such as overview of the
terms, definitions and interpretations of important terms, reference to entities, and a brief description of other
terms applicable to this TOU.
7.1.2 Case studies
The Platform A, B, D, H and L give the practice on factor of general rules (see Table 8Table 8).).
Table 8 — Practices of B2C E-commerce platforms regarding the factor of general rules
Platform Detailed features Example
B Overview of the terms Introduction: This User Agreement,
the Mobile Application Terms of Use,
Platform Detailed features Example
and all policies and additional terms
posted on and in our sites,
applications, tools, and services
(collectively "Services") set out the
terms on which the Platform B offers
you access to and use of our Services.
You can find an overview of our
policies here. The Mobile Application
Terms of Use, all policies, and
additional terms posted on and in
our Services are incorporated into
this User Agreement. You agree to
comply with all terms of this User
Agreement when accessing or using
our Services.
H Definitions &and interpretations of The H Platform: refers to websites
important terms and clients including the B2C E-
commerce platform H (domain name
the Platform H.com), T**** (domain
name t****.com), Fli*** (domain
name alitrip.com, fli***.com,
fei***.com) and other websites.
The Platform H: the single or
collective name of the platform
operators, including Zhejiang
Platform H Network Co., Ltd., the
operator of the B2C E-commerce
platform H, Zhejiang T**** Network
Co., Ltd., the operator of T****, and
Hangzhou T***** Aviation Service
Co., Ltd., the operator of Fli***.
D Specify the reference of the entity Welcome to the Platform D (the
"Site"). Please read the following
Terms of Service carefully before
using this Site or opening a Platform
D accou
...
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