This is a template for Net Lawman document. We believe that you will find it extremely helpful and practical for your website.
You will; need to edit this document before using it on your website. We offer document review services if you need document editing and review service. Our legal team will evaluate the edited document to ascertain that it will protect your business based on your requirements. Visit support@netlawman.co.uk to get in touch with our legal team.
We preserve our copyright in this template. We remind you that the template can only be used in accordance with the licence agreement in our terms and conditions. If you do, you agree:
- to keep the reference in the document to Net Lawman; and
- to link to our site any publication or variation of the document on a website.
If you would like to get rid of the reference to Net Lawman, you can buy the license from us. Contact us at support@netlawman.co.uk.
Before using the document on your website, make sure that you edit it. Download our free Guide to editing legal documents (http://www.netlawman.co.uk/uploads/Editing Legal Document Templates.pdf). You should also read the notes below the template and inform us if you have any questions.
If you require a privacy policy document for your website, we offer it for free at https://www.netlawman.co.uk/d/website-privacy-policy.
The template for the terms and conditions commences on the next page. In addition, drafting notes commenting on each paragraph are at the end of this document.
Terms and Conditions
These terms and conditions are the contract between you and [Our Name] (“we”, “us”, etc). By visiting or using Our Website, you accept to be bound by them.
They are based on a written set by Net Lawman and released under licence. They offer protection for both your rights and our rights.
I / We are [your business name], [a company registered in [country], number [company number]. Our address is [address]]
You are: Anyone who uses Our Website.
Carefully go through this agreement and save it. If you do not approve of it, you should immediately leave Our Website.
These are the agreed terms
Definitions
“Content” means the aural, visual, or textual content that is part of your
experience on Our Website. This may include, videos, images, texts,
sounds, animations, among other things.
“Intellectual Property” means every category of intellectual property owned by us, whether
registered or not or registrable in any country. This includes
intellectual property that comes into existence after today; and including
among others, trademarks, unregistered marks, copyright, patents,
software, designs, inventions, creations, domain names, discoveries and
all rights which are derived from these rights.
“Our Website” means any website or service designed for electronic access, either by
fixed devices or mobile which is owned or operated by us.
“Services” means the services provided from Our website.
Children on Our Website
2.1 We believe that children should be protected from inappropriate Content
Regardless of the age of consent in your country. To protect your children, you
should know our policy. Our policy is as follows:
2.2 When it comes to children categories, our volunteers have checked both the
entries, and, where relevant, the links.
2.3 We do not knowingly collect personal information knowingly from persons
below the age of 16 years.
2.4 Individuals of any age may freely access any page of Our Website. We do not
limit content or check identities.
2.5 It is you, not we, who gives access to Our Website for the children in your care.
Therefore, it is your duty to substantiate that the Content your children might see
is suitable for them.
2.6 As for links, you may like to check the privacy policies of those sites
where your children might visit frequently to see how they collect and use
information.
2.6 You can also check the filter software.
2.7 You admit that we are not liable for Content that anyone has placed on
Our Website for the content of site accessible by a link from Our Website.
2.8 You now agree to abandon any claim you may otherwise have against us on
account of age-related suitability of Content and to compensate us against any
claim made by any person on behalf of a child in your care.
Intellectual Property
You always agree that you will:
3.1 not do anything which does or might reduce the value of our Intellectual Property
or challenge our ownership of it.
3.2 inform us of any suspected infringement of the Intellectual Property;
3.3 where it concerns our work provided or made accessible by us to you, you will
not:
3.3.1 copy, or make any change to any part of its code;
3.3.2 use it in any way not expected by this agreement;
3.3.3 grant access of the license of this agreement to any other person than
you;
3.3.4 in any way offer any information about it to any other person or
generally.
- 4 not use the Intellectual Property except directly as proposed by this agreement
or in our interest.
Disclaimers and limitation of liability
4.1 The law differs from one country to another. This paragraph applies so far as the
relevant law allows.
4.2 All implied warranties, conditions, and terms are not included in this agreement.
If in any jurisdiction an implied warrant, condition, or term cannot be omitted,
then this sub paragraph shall be deemed to be reduced in effect, only to the extent
necessary to release that specific warrant, condition, or term.
4.3 You are reminded that Content may include technical inaccuracies or typographical
errors. This is inevitable in any large website. If you find any errors, we would
be grateful if you let us know immediately.
4.4 Links to other internet websites are contained on Our Website. We do not have
power nor control over such website. You acknowledge and agree that we shall not
be responsible in any way for the Content of any such linked website, nor for any
damage or loss or arising from your use of any such website or from your
purchase services or goods through such a website.
4.5 The [Our Name] Website and [Our Name] Services are provided “as is”. We make
no representation or warranty that Our Website will be:
4.5.1 valuable to you;
4.5.2 of satisfactory quality;
4.5.3 suitable for a particular purpose;
4.5.4 accessible or available, without interruption or error.
4.6 We claim no professional knowledge in any subject. We deny any obligation or
responsibility to you arising directly or indirectly from information you take from
Our Website.
4.7 We refuse any responsibility for third party advertisements which are posted on
Our Website or through the Services;
4.8 We shall not be responsible to you for any expense or loss or expense which is:
4.8.1 indirect or consequential loss; or
4.8.2 economic loss or other loss of turnover, profits, goodwill, or business even
if such loss was reasonably anticipated or we knew you might incur it.
4.8 This paragraph (and any other paragraph which excludes or restricts our liability)
applies to our directors, officers, agents, subcontractors, employees, and affiliated
companies (who may enforce this clause under the Contracts (Rights of Third
Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as
to ourselves.
Miscellaneous matters
5.1 Our privacy policy is accurate and solid. It conforms fully with the Data Protection
Act 2018 which is at [link to privacy policy].
5.2 If any provision or term of this agreement is at any time held by any jurisdiction to
be invalid, void or unenforceable, then it shall be treated as changed or reduced,
only to the extent minimally necessary to bring it within the laws of that jurisdiction
and to prevent it from being void and it shall be binding in that changed or reduced
form. Subject to that, each provision shall be interpreted as severable and shall not
in any way affect any other of these terms.
5.3 No failure or delay by any party to exercise any right, remedy or power will operate
as a waiver of it nor indicate any intention to reduce that or any other right in the
future.
5.4 Any communication to be served on either party by the other shall be delivered by
hand or sent by first class post or by e-mail.
It shall be believed to have been delivered:
If delivered by hand: on the day of delivery;
If sent by post to the right address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent
e-mail: within 24 hours if no notice of non-receipt has been received by the
by sender. [Be cautious before agreeing to accept service by e-mail. Although
is convenient, there is the risk of missing or accidentally deleting the text.]
5.5 The performance, validity, and construction of this agreement shall be governed by
the laws of [England and Wales / Scotland / Northern Ireland] and you agree that
any dispute occurring from it shall be litigated only in that country.
Explanatory notes:
Website terms: simple information site
General notes
What you need to do to comply with the Data Protection Act 2018
The Data Protection Act applies to all personal data you gather, use or store. The scope includes data concerning any INDIVIDUAL.
We have come up with an extensive privacy notice. It guarantees your website visitors that you are serious about their privacy. More importantly, implementing it will encourage you to make whatever changes are necessary in your day to day business. You can download it at https://www.netlawman.co.uk/d/website-privacy-policy
For this terms and conditions document, there is no need to explain to customers that you conform with law – any more than you would tell them you comply with any other law.
As a vastly reduced summary, the important areas of the Act to consider include:
- you do not have a provision where you are assuming implied permission of customer to use his information in the way you think fit;
- if you allow a user to post information to your website, you may not process, edit or change that information without express permission, if such information include his name, address, image etc.
- Until now, you could simply ask for a tick to a box indicating that your customer or client has read your T&C. That is no longer good enough. You need to say exactly what you might do with your user’s data.
- The most essential elements of data to consider are personal data and any data which you want to use – for example as a testimonial.
You may find full list at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/applications/children/
We have drawn this terms and conditions document on the notion that you would make sensible changes on your website and use an updated privacy notice. This way, you can operate your business effortlessly while complying with the Act.
Paragraph specific notes
Notes numbering refers to paragraph numbers.
1.Definitions
We have no comment.
2.Children on Our Website
The purposes of this paragraph are first, to inform parents and others in charge of children that your site may contain unsuitable content and secondly to protect you from a claim on that account. The last sub paragraph covers the situation where some third-party acts on behalf of the child to avoid the previous disclaimer. Remove if you are sure it is not required.
- Intellectual Property
Not many business managers are cognisant with how much IP is owned by the business. There is a plethora of IP rights, from domain names to trademarks. It is a good idea to leave this provision in place, edited as appropriate.
4.Disclaimers and limitation of liability
This paragraph is crucial and may be the main reason for purchasing this document. We have given you great protection. The law is complicated, and much is based on the facts of each case. We advise you to include these disclaimers as far as they apply to your business.
You will see that we have also encompassed in the provision for your associates to have the same protection. One way to get around disclaimer provisions in the past was to claim not against the company with whom the claimant has a contract but against the directors or others in negligence.
Rights of Third Parties Act – We have provided reference of two Acts. By all means select the one according to your jurisdiction clause.
5.Miscellaneous matters
Several special points. We have identified each of these as important to protect you. Some can be used in particular paragraphs in the document, some apply more generally. Some are added to boost your position generally. Do not erase unless you are quite positive of the legal effect of doing so.