Website terms and condition
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:-
and Conditions” is the document that governs the contractual relationship
between the service provider and its users. This is also known as “Terms of
or “Legal Notes”.
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.
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.
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: -
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
Responsibility of the
Contact information in
case of a dispute or complaint.
to the users.
Terms of Cancellation.
Clauses to the
jurisdiction of any legal proceeding.
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:-
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
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
WHY TERMS AND CONDITIONS ARE REQUIRED:-
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.
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
THE ACTIONS OF ABUSIVE USERS
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.
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.
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
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
THE LAW GOVERNING THE WEBSITE
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.
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.