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Introduction:

  • What are terms and conditions?

Terms and conditions set out the legal basis on which people are permitted to access and use your website.

  • What they are used for?

A basic set of terms and conditions will deal with what visitors to your website can:

  1. do when accessing your website;
  2. do with the intellectual property on your website; and
  3. disclaim liability for use of your site (amongst other things).

Do I need them?

Yes, all websites need terms and conditions, whether they are a simple “brochure” site, an e-commerce site, an online marketplace or a social media site. They are needed to fulfil your legal obligations and manage your potential liability exposure, for example, where users rely on the content on your site. Terms and conditions will also help you to protect the intellectual property rights that exist in your site.

Can I copy terms and conditions from other websites?

No, terms and conditions are protected by copyright so if you copy and use terms and conditions from other websites then this is likely to constitute copyright infringement.  The terms may also not be appropriate or reflect what your website does and may be poorly drafted.

What are the legal requirements for terms and conditions?

The legal requirements for your website will vary depending on the functionality and content of your website.

  1. If you collect personal data via your website or if you use cookies on your website you will need a privacy notice and cookies notice and may also need appropriate consent from site users;
  2. If you sell goods, services or digital content through your website then you will need terms and conditions for the supply of the goods or services; and
  3. If you supply these to consumers then they need to comply with consumer law.

How can I get the right terms and conditions for my website?

It can seem overwhelming but our team of specialist IT solicitors regularly draft website terms and conditions and will be able to advise you and what terms best suit your businesses needs. If you have any questions or would like your website terms and conditions drafting or reviewing, contact us by email lawyers@myerson.co.uk or calling 0808 168 9439.