May 19,2022 | 5 min read

Website terms and Conditions

The Importance of Website terms and Conditions  

The terms and conditions for a website are as essential as water to this planet!!! If your business owns a website, it is necessary to have terms and conditions because it governs the relationship between the final users and the subject website operator in connection with the website and other offerings of the website.

While it is essential to lay down terms and conditions on your website, its significance engulfs the establishment of ownership rights of the website operator. Though the dullest page on the website, the terms and conditions page set down the rules and regulations to use the website. The law does not mandate to include the terms and conditions for a website, but to develop a sound and comprehensive website, the inclusion of the same can be beneficial for the owner. For example, the inclusion of the terms and conditions helps limit the website operator's liability concerning the website’s contents and the offerings made through the website. The page also stresses establishing the payment terms (if applicable) and setting the terms for the dispute resolution if facing any legal battle, etc. For instance, if a legal dispute arises between the website operator and the end-user, the court will analyse the website terms to determine the contractual terms between parties.  

Components to be Included in Terms and Conditions:

The details in the terms and conditions should be unique to the business and website. However, some common elements must be included while designing the terms and conditions of the website, which is a norm throughout the industries. Some of them include:

  1. Limiting the Liability: An inclusion of the basic disclaimer helps in withdrawing the liability arising out of errors in your website. The basic meaning of the clause says that the owner of the website cannot be held liable for the errors in the content of the website.

If your website allows the visitors to post content on the website, the language required in drafting the liability clause should be drafted in a language so as to limit your liability in case of offensive postings. By adding the line in the disclaimer that you don’t endorse users and are not responsible for the statement made by the third party, you can skip from your responsibility.

 

  1. Copyright: Notwithstanding the business of your website, it must always include the clause of copyright and trademark in order to protect your Intellectual Property Rights, ex-, logo, design of the website, graphics, audio and video clips and your written content. This means that the user using your website would not be allowed to reproduce, distribute, sell, publish or broadcast any of the material found on this website without written consent from you.

 

  1. Privacy Policy: If you are in the business of receiving and storing your customers' private and confidential information (like email address or credit card information), the website must include the Privacy Policy. This clause will address how the data can be used or not used. Factually and legally, this is the only term and condition required by law. 

  2. Product Description: This clause helps bring transparency and brings down a higher level of professionalism to your business. The clause clarifies to the user the various resources they have if the item received by them doesn't match the product description. 

  3. Termination and Suspension Clause: This clause is beneficial when the website is related to the registration or account section.  This clause establishes the right the owner and the end-user have when terminating or suspending the account. 

  4. Governing Law: The clause mentions and identifies the laws your website and business fall under. Generally observed, it is the law of the country the website is based. So, if the website is based in India, London or Germany, the governing law of that country will be applicable.

  5. Billing: If the website offers free service to the users, then the billing clause is not required. But if the website is selling some service or products online that generates the bill, it requires setting up the payment terms. This section must also highlight the refund policy and action taken for the missed payments.

Different Ways to Create Terms and Conditions:

Although it may sound straightforward, creating the terms and conditions of a website requires proper application of mind. Here is the list of ways you can draft them for your website:

  1. Don’t copy-paste from another’s website blindly: It is not a good idea to copy-paste your website terms and conditions from a look-alike business or website like yours. It may sound tempting and reduce the burden of work but may create profound legal implications for you. For Example- A case of copyright infringement can be filed against you. The least you can do is take a good understanding of a business similar to yours and include and implement it on your website.

  1. Take the help of your Solicitor: The owner can ask his solicitor or hire someone to avail his legal service, draft the terms and conditions, or review it according to the company's business structure to meet the specific requirements of the business.

  1. Website that Generates Terms and Conditions: Many websites offer to generate terms and conditions for your business website. You can google “Terms and Conditions generator”, and you can see the countless options to choose from.

Conclusion:

The article explains how important it is to have terms and conditions for your website and if you are not convinced yet with having one, here are some of the legal challenges that you might face in future. The most common legal actions are taken when the website or the blog provides abundant information but there are no terms and conditions mentioned so as to restrict the liability or protect intellectual property rights, in the matter related to errors in the content or any copyright infringement of the content on the website. All in all, the terms and conditions for your website can stop you from falling in the trap of these legal battles. 

 

Keywords:

Website, Website Operator, End User, Terms, Condition, Liability, Copyright Infringement, Privacy Policy, Solicitor, Governing Law


Need Free Legal Advice or Assistance Online?


For any Website Agreements and Policy related matter, please Post Your Requirement anonymously and get free proposals OR find the Best Website Agreements and Policy Lawyers and book a free appointment directly.


POPULAR READS

Executive Summary on the Gambling Laws in India | Impact on the Online Gaming Sector


Ayan Mallick v Pratime Bayal | joint auction under IBC and SARFAESI is permissible


Damages in Intellectual Property Law Cases in India


What are Humanitarian Laws? | War & Humanity


USA Gun Policy | Comparison with other countries


Importance of Legal Compliance in Startups


Importance of Secularism in a Democracy


Agnipath scheme is a game-changer for Armed Forces- Here’s why


Concept of Adverse Possession | Property Law


ABOUT THE AUTHOR



Team Lawyered

Lawyered is a legal tech initiative designed to change the way people interact with and within the legal industry. We believe that access to critical services like legal should be just a click away. Our team is working to bring legal online, making it cost effective, high quality and accessible for all.

MORE IN BUSINESS