Website Terms of Use

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What is it?

A Website Terms of Use specifies the rules for using your website and defines the legal relationship between you as the website operator and your website users.

A Website Terms of Use structures such relationship between you and your website users by setting out each party's rights and obligations. They are made available on your website for users to read and, by continuing to use the site, users accept these terms.

A Website Terms of Use is different to terms and conditions you may have for the supply of goods or services to your clients which you offer on your website. A Website Terms of Use strictly governs your customers' use of the website and the communications you make with them in respect of the website.

Why do you need it?

A Website Terms of Use is an important document. It sets out the rights of users to use your website materials and imposes acceptable-use obligations in order to protect your intellectual property and the content contained in your website. It can also be used to limit or disclaim liabilities to the extent permitted by law.

It is essential to make sure that people using your website are made aware of both their and your obligations and rights.

Key clauses to watch for:

When drafting a Website Terms of Use, it is important to focus on a number of key clauses, in particular:

  • Ownership of the website and the underlying content;
  • Confirmation of the user's acceptance of your Website Terms of Use before continuing to use the website;
  • Disclaimers and limitation of liability in regard to any errors in your web content and the content's accuracy, completeness, and suitability for any purpose;
  • Confirmation that there is no guarantee that use of your site and content will always be available and uninterrupted;
  • User and website operator's responsibilities to protect passwords;
  • Restriction of end-user conduct;
  • Protection of intellectual property;
  • Limitation of liability for damage resulting from any defect or virus and for the interception or corruption of any messages sent over the Internet;
  • Denial of responsibility for, or endorsement of, the content of any third-party links;
  • Age restriction;
  • Dispute resolution; and
  • Governing law and jurisdictions of your website.

Website Terms of Use Document

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