It is our hope that you this Net Lawman document nifty and easy to use in your website.

Do you need to make any changes or edit the document? Or would you like a lawyer to review whether the edited document will offer protection to your business? We provide a document review service to help you with this. Just contact our legal team at support@netlawman.co.uk.

We remind you that we retain our copyright in this template. We also want to let you know that the template should be used in conformity with licence agreement as stated in our terms and conditions. If you do, you agree:

  • to retain the reference in the document to Net Lawman; and
  • if you make any publication or variation of the document on a website, link it to our site.

Alternatively, you can purchase a license from us if you don’t want to reference the document to Net Lawman. Contact us at support@netlawman.co.uk.

You need to edit this template before using it on your website. Before you do this, make certain to download and go through our free Guide to editing legal documents (http://www.netlawman.co.uk/uploads/Editing Legal Document Templates.pdf). Furthermore, you should read the notes at the end of the template and contact us if you have any questions.

A privacy policy is also crucial for your website. We provide this document for free at https://www.netlawman.co.uk/d/website-privacy-policy.

The terms and conditions template starts on the next page. Additionally, you can find the drafting notes commenting on each paragraph 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 using or visiting Our Website, you accept to be compelled by them.

These terms and conditions are based on a written set by Net Lawman and released under licence. They protect 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.

Please read this agreement prudently and save it. If you do not consent with it, you should leave Our Website right away.

 

These are the agreed terms

Definitions

“Content”                             This means the textual, aural, or visual content that is part of your

experience on Our Website. This may include, videos, animations, sounds,

images, texts, among other things.

 

“Intellectual Property”     This means every type 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, patent, copyright, trademarks, unregistered marks,

software, designs, inventions, creations, domain names, discoveries and

all rights which are derived from these rights.

 

“Our Website”                      This means any website or service designed for electronic access,

Whether fixed devices or mobile which is owned or operated by us.

 

“Services”                              This means the services provided from Our website.

 

Children on Our Website

 

2.1         No matter the age of consent in your country, we strongly believe that children should

be protected from inapt Content. It is vital for you to know our policy to protect your

children. Our policy is as follows:

2.2        Our volunteers have checked both the entries, and, where relevant, the links for all

children categories.

2.3        We do not collect personal information intentionally from any person below the age

of 16 years.

2.4         People of all ages may freely gain access to any page of Our Website. We do

not check identities nor moderate Content.

2.5         It is you, not we, who grants access to Our Website for the children in your care.

It is for you to verify that the Content your children might see is appropriate for
them.

2.6          In terms of links, you may like to check the privacy policies of those sites

where your children might visit regularly to see how they collect and use

information.

2.6           Filter software may also come in handy for you.

2.7           You aknowledge that we are not responsible 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 relinquish 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 our Intellectual Property value

or challenge our ownership of it.

3.2                notify 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 anticipated 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 provide any information about it to any other person or

generally.

  1. 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 varies from one country to another. This paragraph applies so far as the

applicable law allows.

4.2               All implied warranties, conditions, and terms are omitted from 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 informed that Content may include technical inaccuracies or typographical

errors. This is unavoidable in any large website. If you find any errors, we would

be grateful if you bring to our immediate attention.

4.4             Links to other internet websites are contained on Our Website. We do not have

power nor control over such website. You recognise and agree that we shall not be

liable 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 purchasing

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     useful 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 without error.

4.6           We claim no expert knowledge in any subject. We deny any obligation or liability

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 liable 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 precise and solid. It fully conforms 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 deemed 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 overseen 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 pertains to all personal data you collect, use or store. The scope includes data regarding any INDIVIDUAL.

We have created a broad privacy notice. It guarantees your website visitors that you take their privacy seriously. More importantly, your adopting it will inspire 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, you don’t need to explain to customers that you comply 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 consent 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 edit, process, or change that information without express authorisation, 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 important 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 assumption that you would make sensible changes on your website and use an updated privacy notice. Doing this will allow you to run your business seamlessly while complying with Act.

Paragraph specific notes

Notes numbering refers to paragraph numbers.

  1. Definitions

We have no comment.

  1. Children on Our Website

The purposes of this paragraph are first, to let parents and others in charge of children know that your site may contain inappropriate 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. Delete if you believe it is not required.

  1. Intellectual Property

Not many business managers know just how much IP is owned by the business. There is a wide variety of IP rights, from domain names to trademarks. It is wise to leave this provision in place, edited as appropriate.

  1. Disclaimers and limitation of liability

The disclaimer paragraph may be the main reason for buying this document. We have given you very solid protection. The law is complex and much depends on the facts of each case. We suggest you include these disclaimers so far as they apply to your business.

As you have noted, we have also included 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.

  1. Miscellaneous matters

Several special points. We have recognised each of these as significant to protect you. Some of these matters are relevant to particular paragraphs in the document, while some apply more generally. Some are added to reinforce your position generally. Do not delete unless you are quite positive of the legal effect of doing so.