Simply put, the Terms and Conditions page sets the rules for using your website i.e., one must agree to in order to use websites, mobile applications, and other online platforms. Website Terms and Conditions is referred by various names such as Terms and Conditions, Terms of Use, and Terms of Service. You may not find direct connection with the mandatory provisions for Website Terms and Conditions but Terms and Conditions shall be present as this acts in your favour more than users or members or visitors. Further having Website Terms and conditions is a smart thing to include for various reasons. Also, in regard to any legal issues comes before the Court, the Court will look at your website terms to determine the contractual terms between you and the customer, you’ll want to take this page seriously enough for it to hold up in court. Website Terms and Conditions acts as a legally binding contract between you and your users/ members/ visitors. In India Information Technology Act makes is relevant to have Website Terms and Conditions and Privacy Policy.

 

Law is everywhere and the best part is that having website means that you are open to all the public at large and your website is more of a invitation to offer or you can offer and assuming if someone acts based on what you have stated in your website and he or she suffers the damages of any kind, then you shall be ready to get sue in any part of the country as there being no Terms and Conditions is an indication of you not making the users/members/viewers about the restriction and what and not in the website. In brief, Terms of Use helps the users/members/viewers about the purpose of the website, your intention for this website, how this website works and for what, what is the restriction, what are the products being offered, etc. Please note that website Terms and Conditions acts as a legally binding contract between you and users/members/viewers. The more legal bases that you cover on your website, the safer your business is from being woefully wronged

 

Today hardly there is any business which have its presence not on online and if so, then there is also every reasons of your website being viewed by atleast one person in a month assuming your website is very badly active which means that you as one party has created the website offering your products and else and opposite party comes to your website and assuming if opposite party acts on it and then if there is any damage happens to opposite party, then there has to be a blame game and this is where the Terms of Use decides who is responsible and why not, if not and why so, if so. In offline business, no business shall be done without any written contract. You can refer my various articles on why written contract is important for business growth. Written Contract is possible if you have party’s offline and also online but it is not possible to get into written contract with each customer if you are online business persons. Take an example of Amazon online service. It has million and millions of customers and if Amazon start having written contract, then better they shut down the business and hence the Website Terms which in mobile app is called as Browse & Click Wrap Contracts comes into force. The Amazon Terms and Conditions take care of all the business transaction comes into picture. Assume a scenario where there is no refund policy or policy on damage products being given by Amazon, and if a product is damages and supplied to Amazon, then for sure there will be consumer case and million consumer millions case and million case means billion money being paid to lawyer to defend the case. This is nothing but better not doing any business. Having Website Terms and Conditions is a win-win situation. The more legal bases that you cover on your website, the safer your business is from being woefully wronged. From a user’s point of view, a thoughtful and well-planned Website Terms and Conditions page builds trust and confidence. It shows that you’re a serious business owner who handles responsibilities thoughtfully, and takes accountability for your content and online presence. Consider your Terms and Conditions agreement a legally binding contract between you and your users (those can be visitors to your website or registered accounts users) and include all the disclosures you need to keep your website or a mobile app away from abuses or misuse (including spam or other fraudulent activities. In other words, Terms and Conditions tells the user that you’re not responsible for anything bad that happens when using the site. However, you want to make sure you have an agreement in place between you and the visitors of your website to make sure you’re completely protected from any legal issues

 

• About You and Your Business

 

• Your Business Details

 

• Goods and/or Services Offered

 

• Privacy Policy

 

• Intellectual Property Rights

 

• Terms and Conditions, brief details as under: 

Yes, for reasons as under:

If updates are made to a business terms and usage you shall notify your users in advance of those changes so users are aware of what changes will be made and how the changes may affect them.

 

As already said, it is better to be safe and secure rather than looking for answer later as you never know what cases may be filed against you and by whom and hence you shall ensure all your legal things being done prior to your any business is set-up.