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Website terms and condition

Some acts are done not because of the fear of law, but as a responsibility. Though there is no legal requirement for the websites to have the terms and conditions agreement, it is recommended to have it for your website. If the personal data of users are collected by the website, like email id, shipping address, name, mobile number, and others, it is the legal requirement to have a formal Privacy Policy as well, even when there is no Terms and Condition page.

 

WHAT IS TERMS AND CONDITIONS AGREEMENT:-

“Terms and Conditions” is the document that governs the contractual relationship between the service provider and its users. This is also known as “Terms of Service”, “Terms of Use”, “End-User License Agreement”, and “General Conditions” or “Legal Notes”.

“Terms and Conditions” are a set of conditions or regulations which the users must agree to in order to avail the services offered by the websites. Copyright and Intellectual The property, warranty disclaimer, User guidelines, Governing law, etc.

“Terms of Service” represents the document that helps in redressing grievances, dealing with and preventing the problems. This shows how fundamental the “Terms and Conditions” are to have an accurate and proper defense in many scenarios.

“Terms of Use” make a way for the use of the product, service, or content of a website in a legally binding manner. They give you the edge too in order to protect your material as copyright and also protect you from the prospective liabilities. This also prevents abuses and gives advantages to operate the website in a decent manner.

The agreement also extends to include explicit language to forbid any activity and can provide a remedy in the case any of these abuses occur. The terms and conditions agreement allows one to protect its website or app and its users.

 

WHAT IS INCLUDED IN TERMS AND CONDITIONS: -

Terms and Conditions are important and can protect your business and customer. So, this should be crystal clear to showcase your motives and concerns to the users without any vagueness. Terms of Service should cover:-

  • ·         Ownership and copyright of the website’s content.
  • ·         Responsibility for the website.
  • ·         Responsibility of the customer.
  • ·         Use of cookies.
  • ·         Security procedures.
  • ·         Refund process.
  • ·         Contact information in case of a dispute or complaint.
  • ·         Conditions applicable to the users.
  • ·         Terms of Cancellation.
  • ·         Clauses to the jurisdiction of any legal proceeding.
  • ·         Liability disclaimers and limitations.

There are many other aspects as well onto which that can be included in the Terms and Conditions depending upon the specialty and requirements of the websites. One can include the cost of works, schedule of payment, and many more for building trust and easing the transactions between the service provider and the users.

 

NATURE OF TERMS AND CONDITIONS:-

The Terms and Conditions are legally binding in nature if the elements of a legally binding contract are met by the website and the terms and conditions are clearly presented, determining the enforceability of the Terms and Conditions and its clauses. When the user agrees to the “Terms of Use”, there rises a contract between the user and the company.

 

IS IT A REQUIREMENT TO SIGN THE TERMS AND CONDITIONS BY THE USER OR BY BOTH THE PARTIES TO MAKE IT LEGALLY BINDING?

The direct answer to this question is “NO”, but one cannot ignore the complexities attached to certain factors. If you desire to enforce the Terms and Conditions on your users, you should not only rely on the digital version of the Terms and Conditions on your website, you cover them in direct communication, with the clarity that these would be legally binding and continues to be so unless the user raises an objection.

 

WHY TERMS AND CONDITIONS ARE REQUIRED:-

Terms and Condition’s is important to make it clear why one should include them on their website. But on a broader level, the advantages these give are worth noticing.

1.      IT PROTECTS YOU

Doing business is an agreement of yours towards your customers in return for their payment. Your Terms and Conditions give a set of rules for both you as well as your customer to abide by. If things don’t turn out like you agreed or go wrong, in that vulnerable scenario, they protect you as a shield and make the trust of the customers double by assuring them that they are dealing with a business that will not do the injustice with them. The Terms and Conditions must always be fair on the website, otherwise, you cannot rely on them. A fair term strikes the right balance between the rights, liabilities, and obligations of the service provider and the users, considering the interests of both of them.

 

2.      PREVENTS THE ACTIONS OF ABUSIVE USERS

In Terms and Conditions, you can include the relevant information to make it clear to the users that in what way, the website can be used. Including it will result in taking actions against those who will try to use it in an abusive manner, like posting defamatory comments, spamming other users, trying to infect the website with malware, using harmful language, etc. You can temporarily ban users as well by including the Termination Clause in your Terms and Conditions. This clause gives insight to the users that in case of abuse, their accounts will be terminated and banned on the website, stopping them from using the website’s services.

 

3.      PROTECTING THE INTELLECTUAL PROPERTY

The website has its logo, content, design and when dealing with business, it has a Trademark as well. There are many more which needs protection on the website as Intellectual Property. In the Terms and Conditions, you can inform the users that you are the owner of the content and other Intellectual Properties of the website and that these are protected by Copyright Laws and other Intellectual Property Rights. This clause mentioned in the Terms and Conditions is referred to as the Intellectual Property Clause.

 

4.      BANK REQUIREMENTS

Banks ask for a copy of your website’s T&C to issue a merchant account to you, in the case you are selling the goods or service online as it requires a merchant the account in order to accept credit card transactions. These Terms and Conditions should consist of your refund, replacement as well as repair policy, in addition to this it should have details of warranties and guarantees provided by you.

 

5.      LIMIT THE LIABILITY

Terms and Conditions have the warranty disclaimer. This warranty disclaimer limits your liability in cases of errors found in the content of your website. In addition to this, the other kind of clause regulates your liability for any loss, damage, liabilities or claims, and expenses that they may suffer while using your website. It’s not in your hands to refrain someone from making a claim against you, but your Terms and Conditions if designed properly can help you in it.

 

6.      SET THE LAW GOVERNING THE WEBSITE

The Terms and Conditions in its clause make it clear that these Terms and Conditions are governed by laws of which state and it makes the users have this transparent picture and informs the service providers to abide by the laws of the country in which your country is registered.

 

CONCLUSION:-

Although you are not legally obligated to have the terms and conditions agreement on your website, it sets the governing law. The governing law clause of a terms and conditions agreement refers to the jurisdiction of law that applies to the terms referred to in the agreement. Lastly, it is important since it helps you to limit your own liability and protects the company or platform.

 

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