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Drafting a website’s terms and conditions or its terms of use are a legal cornerstone for every website or business. The purpose of the terms and conditions or the terms of use are to regulate the legal relationship between the website owner and operator and between the web-surfers using it.
Why does a website need terms and conditions and terms of use?
A large part of the legal risks in a business’s or organization’s day-to-day life are also present in the virtual world and on the Internet. Terms of use or terms and conditions for a website reduce the website’s operators’ and owners’ exposure to legal risks including lawsuits for defamation, intellectual property rights infringement, false description, and on e-commerce sites or sites that advertise third-party products – everything relating to consumer rights. It should be emphasized that credit card clearinghouse companies require inclusion of terms of use/terms and conditions in order to process credit cards on the website.
What are a website’s terms and conditions?
Terms and conditions for a website are an agreement between visitors to the website and the website and its operators. The terms and conditions or the terms of use for the website define the website’s purpose, the services that it offers, its privacy policy, and more. The terms and conditions constitute the initial basis for protecting the intellectual property located on the website and to define the website’s responsibility for the content published on it, in the name of the website’s operators or in the name of registered or occasional visitors.
Can a uniform set of terms and conditions be used?
Each website requires a different set of terms and conditions. For example, websites that offer products or services for sale through the Internet require terms and conditions that define everything related to carrying out transactions on the website. Content sites need to explicitly define the intellectual property on the website. Websites that include forms or permit visitors to enter content on the site require terms and conditions that will protect them from lawsuits for defamation and other legal risks that arise from actions by visitors to the website. Certain businesses use the Internet not only as a tool to market their business or as a virtual store but also to carry out all of their activities on the Internet. Such Internet ventures require even more comprehensive terms and conditions because their activities on the web are generally far broader and therefore more exposed to legal risks.
Our firm has extensive experience in drafting terms and conditions as well as terms of use for websites of various types, including:
