Protecting your business. [1] X Research source Simply put, if you do not specify terms and conditions, you put yourself at risk of user uncertainty and misunderstanding. [2] X Research source Preventing abuses. Terms and conditions are legally binding and can therefore act to prevent users of your service from abusing or misusing that service. The terms and conditions will lay out the guidelines of using your service, as well as what will happen if they do not follow your guidelines. Owning your content. The content you provide users will likely be yours and you will want to protect that content from theft or misuse. Terms and conditions are a great way to convey that to your users. Limiting liability. Nobody is perfect and you are bound to have errors in your content. Terms and conditions are a great way to warn your users that you will not be held responsible for such errors.
If you are collecting personal information from your users (e. g. , credit card information, names, addresses), you will need to include a privacy policy that discusses how that private information will be used, stored, and disseminated. If you are offering users accounts or subscriptions, you should be sure to explain the rules of those accounts and subscriptions, including how they can be terminated if abused.
Think about putting your terms and conditions in a location that is easily accessible, possibly even in a position where users are required to access it. [5] X Research source For example, if your service is a website offering goods to buy, you may want to have your terms and conditions pop up as soon as a new user accesses your website for the first time. If you are doing this, you will want to format your terms and conditions with a clear and enticing title and initial statement so users will want to read it. Think about requiring your users to actively accept your terms and conditions before they can use your service. [6] X Research source For example, require your users to click or check off a box that says “I Have Read and Accept the Terms and Conditions” before they are allowed to use your website or other service. [7] X Research source
Consider using the following language: “By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service. "
A privacy policy will usually be in-depth, and therefore may be rather long. It should include a definition of the information being collected, how it will be used, and how it will be protected. [10] X Research source For an example of a complete privacy policy, look here.
If your service is a website, consider using language like: “This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information. " This type of provision will help you protect against liability in case a user relies on your information and it causes a problem.
If necessary, include a provision that looks like this: “The Site and its original content, features, and functionality are owned by [Owner of Website] and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. "
If you are being paid to provide the advertisements, you are required by law to state that in this provision. Even if you are not being paid, it may be a good idea to provide your users with a brief statement about your advertising policy, including that you take your reputation and credibility very seriously and that you only endorse products you believe in.
If necessary, consider including a provision stating: “We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. "
An acceptable notification provision may look like this: “The company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email or postal mail will be made to those affected by the change. Any changes to our privacy policy will be posted on our site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. "
