Terms and Conditions govern the contractual relationship between you and your users and set the way in which your product, service or content may be used, in a legally binding way. It is essential for protecting your content from a copyright perspective as well as protecting you from potential liabilities. Terms typically contain copyright clauses, disclaimers and terms of sale, allow you to set governing law, list mandatory consumer protection clauses, and more.
Because the Terms & Conditions document is essentially a legally binding agreement; it is, therefore, not only important to have one in place, but also necessary to ensure that it meets legal requirements. This means that the document must be up-to-date with all applicable regulations, precise, visible and easily understandable so that users can both easily see it and agree to it. The “agreeing action” should be done in an unambiguous way (e.g. clicking a checkbox with a visible link to the document before being able to create an account or use the service).
While the full content may vary based on the particulars of your business, the Terms and Conditions should at least include the following:
- Identification of the business
- Description the service that your site/app provides
- Information on risk allocation, liability, and disclaimers
- Warranty/Guarantee information (where applicable)
- The existence of a withdrawal right (if applicable)
- Safety information, including instructions for proper use (where applicable)
- Terms of delivery of product/service (where applicable)
- Rights of use (if applicable)
- Conditions of use/ purchase (eg. age requirements, location-based restrictions)
- Refund policy/exchange/termination of service and related info
- Info related to methods of payment
- Any additional applicable terms
Note on terms and conditions templates
One of the questions we’ve come across from time to time is “Can I just use a terms and conditions template?”. Despite how simple they appear, terms and conditions are meant to meet incredibly complex and highly specific scenarios. Because each terms and conditions document is a legally binding contract that is meant to protect you, the business owner, it’s critically important that the document matches your specific business processes, model, and remains up-to-date with the various laws referenced in its contents.
Templates simply cannot do this, therefore, we strongly suggest that you avoid using templates.
You can learn more about Terms and Conditions here generate yours now by clicking below.
Create customized terms & conditions for your website/app