Terms and Conditions Document Drafting Services

On a virtual platform, it becomes the responsibility of the owner to provide the terms and conditions of the website to all its users/visitors. Get the terms and conditions for your website according to the Governing Laws within a few clicks with the help of experts at Legalwiz.in!

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INTRODUCTION

WHAT ARE WEBSITE TERMS AND CONDITIONS?

The Website Terms and Conditions is a legally binding agreement between the service provider and a person who wants to use the service. It is also popularly known as Website Terms of Use, Terms & Conditions and Terms of Service. This legal document sets the tone of your website by providing the user with all the details of how your website will be functioning. It also sets out the requirements that the users need to abide by.

So, basically, terms and conditions define the roles and responsibilities of both the website owner and its users. It governs the relationship between both these parties and ensures a safe space on the web for both. A user/visitor needs to accept the terms of service agreement if they want to use the website. The acceptance signifies that the user will be adhering with the terms laid down on the portal.

The owner of the website can face legal issues if the website does not have proper and binding terms of service agreement.

WHY IS IT IMPORTANT TO HAVE TERMS AND CONDITIONS FOR A WEBSITE?

Provides specific terms of use
When you create something, you’d wish for it to be used with dignity and respect. The website terms and conditions are a legally binding agreement between you ‘the developer’ and your users. Hence, you can provide guidelines on how to use your website, and the user will have to abide by those guidelines, to access your website.
Protect your IPR
With a clause for your Intellectual Property Rights, you can claim ownership for your content, brand name, logo, and everything available on your website. The clause will help you protect your Intellectual Property from infringement.
A legally binding agreement
Once the user clicks on “I agree” or “I accept” it creates a legal bond between you and the user. This gives you the right to monitor the usage of your portal and also allows you to terminate some accounts, in the event of a breach of this agreement.
To comply with the Governing Laws
For every jurisdiction, there are laws governing cyberspace. So, to ensure your as well as the users’ safety, it becomes really important to comply with such governing rules. The website terms and conditions if it is curated in a manner that complies with the governing laws, increases the credibility of your site and protect the owner from any legal calamity

INCLUSIONS

WHAT SHOULD BE INCLUDED IN THE T&C POLICY?/ HOW TO WRITE A TERMS & CONDITIONS AGREEMENT?/ KEY CLAUSES OF WEBSITE TERMS & CONDITIONS-/ ESSENTIAL CLAUSES TO INCLUDE IN A TERMS & CONDITIONS AGREEMENT:

  • Information about the owner – this is important to gain more credibility from the users

  • Terms of Usage – it defines all the practices the user needs to follow while using the website

  • Payment terms – when the payment terms are clearly set out in Website Terms and Conditions, it protects the developers from fake claims and lawsuits.

  • Intellectual Property Rights – to ensure the protection of the content on your website.

  • Description of the products/services – to provide the user a detailed description of your business activity.

  • Terms of creating accounts – includes the information you collect to create a profile on your account and the terms of using the said account.

  • Guarantees and Warranties – if you provide any guarantee or warranty on your products/services, they should be explicitly mentioned.

  • Termination of use – the conditions which will lead to the termination of terms and conditions agreement between you and the user.

  • Governing Laws – to state the jurisdiction which is applicable to the agreement

  • Limitation of Liability – to protect yourself from the actions of users of your platform.

  • Future Modifications – to notify users of the changes that might happen on your website periodically.

  • Return and Refund – defines the conditions under which return and refund shall be applicable.

THE LAWS GOVERNING TERMS AND CONDITIONS

IN INDIA:

Information Technology (“IT”) Act, 2000 – The Act gives recognition to electronic contracts formed in India.

Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 – The rules provide detailed guidelines on how the e-commerce platforms shall provide the proper policies and agreements to communicate their functioning.

UNITED STATES:

The disclosure of certain mechanisms of a website is also mandatory under various laws of the US, such as the Uniform Commercial Code, The Children’s On-Line Privacy Protection Act, and the Digital Millennium Copyright Act. All these Acts provide for the requirement of disclosure of certain information as a mandate for all websites functioning in the US.

EUROPEAN UNION:

Along with the General Data Protection Regulation (“GDPR”) the other regulations of the EU also govern the disclosure of certain mandatory information such as the terms of use, use of cookies, refund and return, etc. to be disclosed on the website. Hence, if you’re looking to have any functioning website in the EU, you need to have certain terms and conditions to be disclosed on your website.

FAQs

Frequently Asked Questions

Yes, the terms and conditions of any website or application are a legally binding contract between the developer and the user. The essentials of a contract are a written offer, acceptance, and communication of that acceptance. Through a terms and conditions page, all three are covered, and hence, it creates a legally binding agreement.

The terms and conditions agreement provides the basic terms of use for any website or mobile application. To make the user aware of the rules and regulations of your site, it is mandatory to have a terms and conditions page.

The best way to know that is by getting your present terms and conditions legally vetted by professionals. We at Legalwiz.in will also help you in vetting your present terms and conditions, and advise you to make changes accordingly to make it compliant with applicable laws.

More Questions? Seek Help of an Expert

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Why Choose LegalWiz.in?

At legalwiz.in, a team of expert Lawyers, Chartered Accountants, and Company Secretaries work together to assist start-ups, and MSMEs to function as per the applicable laws. In this age of digitization and the metaverse, it has become extremely important to get proper guidance on how startups can safely function online. The terms and conditions drafted by our in-house experts of Legalwiz.in will be entirely based on the services provided by you after extensive research, making your website/mobile application compliant with the governing laws.

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