13+Years, More than 25,000 Clients and 1000+ T&C drafted
Overview
A Terms and Conditions Policy, which is also in common parlance known as Terms of Service, Terms of Use, or simply Terms, is a legally binding agreement that allows a person/corporation to protect themselves, the business, and limit their liability. A Terms and Conditions Policy establishes one’s legal rights and limitations in a written form. It primarily covers and seeks to outline how your Website or App, or any other technology is intended to be used. It also outrightly points out and explains the rights you have regarding your website or app or technology. Many times a customer’s agreement with the Terms and Conditions is implied, which means that there is an assumption that the customer agrees to the Terms by the virtue of entering and browsing your site, downloading information, purchasing products, etc. When looked at from a general perspective, having a robust Terms and Conditions policy for an E-commerce store/App or any other platform which is user-oriented, should contain the following clauses:
- Limitations of Liability
- Intellectual Property Protection
- Pricing and Payment terms, including shipping, returns, exchanges, and cancellations
- Product Information
- Dispute Resolution
Therefore, especially in modern times, it has become quintessential to get the Terms and Conditions policy appropriately drawn up and reviewed by professionals. It is also very imperative to gain an understanding pertaining to the clauses and the content of the policy in case an issue or dispute does arise. Our team of professionals at IP and Legal Filings (IPLF) are well versed with all factual and legal scenarios that are primarily required to engage in drafting a sound Terms and Conditions Policy.
What Is The Process?
- Firstly, it is very important to have a consultation with our team, in order to have a better understanding of the reasons for writing the terms and conditions, and after that, it is also essential to set some ground rules for the same before getting it drafted by a professional.
- Once the drafting of the Terms and Conditions policy is finalized between you and our professional team, it becomes ready to be posted in a noticeable location.
- The Terms and Conditions policy should be easily accessible through links on websites. It is pertinent to note that many companies have posted links to the Terms and Conditions policy usually in the footer.
Details Required
- Information collected from users and mode of such collection.
- Terms of your Service/Goods/Products.
- Protection of Intellectual Property on your website.
- Terms specifying warranties/guarantees, if any.
- Terms of Cancellation and Refund, if any.
- Contact information in case of any Grievance, Complaint, etc.
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Frequently Asked Questions
1. Is a Terms and Conditions Policy mandatory?
A Terms and Conditions agreement is not necessarily required in the legal context. However, it is highly advisable as it provides various important benefits for both you and the users/customers. The benefits are inclusive of but not limited to your increase in control over your business/platform, and at the same time, it also helps your users understand the rules, requirements, and restrictions.
2. Where to display my Terms and Conditions Policy?
Display your Terms and Conditions agreement in the following places, where applicable:
- Via a static link to your website footer
- In a menu within your mobile app (typically in an About, Legal, Info menu)
- On any checkout or order finalization pages
The key here is to make sure your Terms and Conditions Policy is always accessible at any time, and that you also provide it additionally at points where the user may be more interested in referring to its terms. Adding a link to your website footer or within your app menu makes your Terms and Conditions agreement available at any and all times. Adding a link to times when a user is interacting with you in a more specific way, such as when creating an account or placing an order, helps remind the user about your Terms and Conditions agreement at that important time.
3. How to make my Terms and Conditions Policy enforceable?
To make your Terms and Conditions Policy enforceable, place an un-ticked checkbox next to a link to your agreement and a statement that says something along the lines of this box, you agree to be bound by our Terms and Conditions agreement You can also use an Agree button instead of a checkbox that users must click to show they agree to your Terms and Conditions agreement.
4. Are Terms and Conditions legally binding if not signed?
It is not essential for the Terms and Conditions to be signed in order for them to be legally binding on the parties. However, at the same time, for the interests of the users, there has to be some form of evidence proving affirmatively that the customer has accepted the Terms and Conditions. If you display your Terms and Conditions on your website, app, or software, you should obtain acceptance of your Terms and Conditions via a clickwrap prompt.
5. Are Terms and Conditions legally binding?
Yes, Terms and Conditions are legally binding. Or at least, they can be legally binding if: You have obtained acceptance in the proper way, which implies that the user has understood and agreed to your Terms and Conditions. Moreover, your Terms and Conditions agreement should be sufficiently clear in order to generate a valid acceptance. This implies that means the customer should be able to comprehend and understand, or in some cases, it is reasonable to assume that your customer is able to understand what they are agreeing to. Your Terms and Conditions agreement is legally valid, however, at the same time, the courts will not enforce unfair terms in Terms and Conditions agreements.
6. What is the difference between Terms and Conditions and Terms of Use?
Terms and Conditions and Terms of Use essentially mean the same thing; however, these two terms can be associated with different meanings in different contexts. The name “Terms of Use” is used often for agreements that govern the usage of public networks, whereas “Terms and Conditions” ideally refer to an agreement that governs the provisions of an ongoing service.
7. What is the difference between Terms and Conditions and Terms of Service?
Terms and Conditions and Terms of Service essentially mean the same thing. There is no meaningful difference between these two terms.
8. What types of businesses need Terms and Conditions?
Any type of business can have Terms and Conditions. Terms and Conditions are frequently used by online businesses offering:
- A website
- An app
- A service
- A SaaS (Software as a Service) product
If your business offers goods or services to consumers or business clients, it would almost certainly benefit from creating a Terms and Conditions agreement.
9. Can you copy the Terms and Conditions from someone else’s website?
No, you cannot. Every website or app offers unique services and the particularities of your business will only be legally protected with unique T&C’s that cover your business area.
10. Can I use a terms and conditions template?
Even though the terms and conditions agreements might look simple, these are meant to meet complex and scenarios of peculiar nature. Due to the fact that each term and conditions document is a legally binding contract that is meant to protect you from future disputes and risks, it’s very important that the document is drafted in a manner that specifically matches your business processes, model, and remains up-to-date with the various laws. It is not possible that a single template takes care of all these peculiarities. Therefore, we strongly suggest that you avoid using templates.