Terms and conditions
Terms and conditions are also known as the terms of contract between seller and customer that keeps both bound to some agreement.
Importance
These agreements are very important to protect seller’s rights, limit liabilities and they also provide security to both the buyer and the seller.
Legal tips regarding terms and conditions
Data protection
Data protection is a serious menace and one must clearly point out in privacy policy about the customer data that sellers are handling, including contact details, credit card numbers, bank accounts and purchase history. Reassure people, that their data is safe with you and that their information will not be passed on to other companies. In website terms and conditions page, you should also clarify about when and why you might contact customers as pursuing people without their consent is illegal in most countries and must refrain from any such acts.
Partial responsibility
While supplying goods clearly mention that you would only be partially held responsible for the delivery time or conditions of goods and that you are following all laws and regulations of your country. International shipping and customs should also be followed and clearly point out the rights and liabilities of the consumer
Statements in clear and organized manner.
Write the statements in clear and organized manner so that it does not create any sort of confusion for you or your client. While writing the conditions, chalk out a detailed plan of merchant policy. You can start by writing down the terms in which you want to treat your customers, the way you would want to deal with enquiries and complaints and the data protection rules that applies to you and the customers.
Legal tips actually escalate the website and its business and provide legal security and benefits
1. Make Terms and Conditions Statements Simple and Comprehensible
The most common reason why most of the people skip website terms & conditions section due to its complexity. Complexity translates into lack of understanding. Avoid the overuse of legal jargon and use only what is absolutely necessary. Do;
• Make the writing style simple but accurate
• Engage customers and clients
• Focus on clarity
As to what goes into the Ecommerce terms and conditions depends upon the genre of website and business. The needs of a blog are different from the needs of a commercial website and while the difference demands different data and terms, there are a few terms/statements which are common and ubiquitous. Such statements include:
• Terms of Service for the website users
• A clause of Local Law applicable in case of disputes
• Limitation of Liability and Disclaimer
• Intellectual Property Arrangements
• Conduct of members and visitors
2. Add Data Protection and Privacy Policy
3. State Company’s Legal Standing on Shipping and Goods Delivery
Another tip that is important for commercial websites is to clearly mention your company’s policies on delivery time, international shipping, customs policies and condition of goods. That your company follows the laws, rules and regulations of your country and will be held only partially responsible for all these services should be clearly stated.
Key issues which need to be taken into account in a website compliance audit.
Place appropriate terms and conditions of use
Whether your website is one-way information only allows user-generated content or sells goods or services online, you'll need some small print. This will cover core issues such as liability, content control, law and jurisdiction.
To have a binding contract, your conditions need to be accepted by the user. This must be balanced against the need for a good user experience.
Collect any personal data via your site and what is it used for?
Personal information can be collected about individuals for all manner of purposes. Typically this may include online registration procedures, collecting contact details to deal with information requests and accepting online job applications to name but a few. Make sure that you comply with the requirements of data protection law.
Using data for email or mobile marketing
Collecting personal information via a website often goes hand in hand with electronic marketing. Care needs to be taken to comply with the laws on direct marketing when using email as a method of marketing your goods and services.
Tracking devices
Ensure that your website includes a clear statement on the use of cookies and other tracking devices. Incorporate a basic explanation of how such devices work and how the data collected will be used. The law governing this area also states that users should be given an opportunity to refuse such devices.
Intellectual Property adequately protected
Make sure any intellectual property rights are protected as appropriate, for example by incorporating a copyright notice and putting express restrictions on copying logos. Make use of registered trade mark symbols where authorised to do so and make sure that you have obtained all appropriate licences and consents for the use of third party material.
It is a legislative requirement that key information about your organisation and its products and services is provided. There is a whole host of information which should be included on your website for example, VAT details and information on pricing and delivery costs to name but a few. for a list of the minimum information which needs to be published on your website.
Online trading terms cover all key points
Ensure that your website incorporates online trading terms which would go beyond simply terms and conditions of use of your site.
These should cover key issues such as contract formation and liability.
Dealing with consumers online
Be particularly careful when dealing with consumers and make sure that your website complies with the raft of consumer legislation which affects this area.
Australian consumer law
The ACL is a single, national law covering consumer protection and fair trading which applies in the same way nationally and in each State and Territory.
For the first time, Australian consumers have the same protections and expectations about business conduct wherever they are in Australia.
Contents
• Legal tips
• Comprehensive
• Simple
• Online trading
• Disclaimer
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