Website terms: simple information site

This template is a Net Lawman document. It is our hope that you find it useful and simple to use for your site.

We offer a document review service for those that need any help editing it or would like a lawyer to evaluate that your edited document will protect your business in the way that you would like. For this service, just contact our legal team at [email protected].

We proclaim our copyright in this template. Be reminded that you may only use this template in accordance with the license agreement that is contained in our terms and conditions. If you do, you agree:

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

If you would like to remove the reference to Net Lawman, you may then want to purchase a license from us. Please reach us at [email protected].

We remind you that you will need to edit this template before you make it accessible on your website. To do this, you should download our free Guide to editing legal documents (http://www.netlawman.co.uk/uploads/Editing Legal Document Templates.pdf). You should also read the notes at the end of the template. Do let us know if you have any questions.

Your website may need a privacy policy as well. You can get this document for free at https://www.netlawman.co.uk/d/website-privacy-policy.

The template for the terms and conditions is available on the next page. You will find the drafting notes commenting on each paragraph at the end of this document.

Terms and Conditions

The terms and conditions below are the binding contract between “Us, We, Our Name.” By using or visiting Our Website, you agree to bound by them.

The terms and conditions are based on a Net Lawman written set in accordance with the license agreement. They are designed to protect your right and ours as well.

I / We are [Your business name], a company registered in [Name of Country], [company number]. Our address is [State your address].

You are: Anyone who visits or uses Our Website.

Kindly ensure that you carefully read this agreement and keep it. If you do not agree with it, you Should leave Our Website immediately.

These are the agreed terms

1.   Definitions

 

“Content”                means the visual, textual or aural content encountered as part of your

experience on Our Website. This may include, images, texts, sounds,

animations, videos, among other things.

 

“Intellectual Property”        means every sort 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, trademarks, copyright, patents, software, unregistered

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

all rights which are derived from these rights.

 

“Our Website”                       means any website or service designed for electronic access by fixed

devices or mobile which is owned or operated by us.

 

“Services”                                means the services provided from Our website.

2.   Children on Our Website

 

• Whatever the age consent in your country, we believe that they should be

Protected from inappropriate content. To protect your children, you should know

our policy, which is as follows:

• Our volunteers have checked the children’s categories, and where necessary, the

links.

• We do not knowingly collect information from any person below the age of 16

years.

• Any person of any page may freely access any page of Our Website. We do not

moderate content nor check for identities.

• It is you, not us, who provide access to Our Website for the children in your care.

It is for you to ensure that the Content your children may have access to is suitable

for them.

• Where links are concerned, you may want to check the privacy policies of the sites

that your children are likely to visit frequently to see how they collect and use

information.

• You may also find the Filter software useful.
• You acknowledge that We are not responsible for anyone that someone else has

placed on Our Website for the content of site accessible by a link from Our

website.

• You now agree to waive any claim you may otherwise have against us on account

of age-related Suitability of Content and to indemnify us against any claim made

by any claim made by any person on behalf of a child in your care.

3.   Intellectual Property

You always agree that you will:

• Not do anything which does or might reduce the value of Our

Intellectual Property or challenge our ownership of it.

• Inform us of any suspected infringement of our Intellectual Property.
• As far as concerns our work made accessible by us to you,

you will not:

3.3.1:  copy or make changes to any part of its code:

3.3.2:  use in any way not anticipated by this agreement.

3.3.3:  give access to anyone else other than you, the licensee in this agreement.

3.3.4: in any way make information about it accessible to any person other than

you or generally.

• Not use the Intellectual Property except directly as intended by this agreement or

in our interest.

4.      Disclaimers and limitation of liability

• The law differs from one country to another. This paragraph applies if the

Applicable law allows.

• All conditions, terms and warranties are excluded from this agreement. If in any

jurisdiction an implied warrant, condition or term cannot be excluded, then this

sub paragraph shall be deemed to be reduced in effect, only to the extent

necessary to release that warrant, condition or term.

• You are advised that Content may have typographical errors or technical

inaccuracies. This is expected in any large website. We would be grateful if you let

us know immediately, should you find any.

• Our Website has links to other internet websites. We have neither control nor

Power over any such website. You acknowledge and agree that we shall not be

Liable in any way for the Content of any such linked website, nor for the loss or

damage associated with use of such linked website or from buying goods or

services via such a website.

• The [Our Name] Website and [Our Name] Services are provided as is. We make

no warranty or representation that Our Website will be:

4.5.1: useful to you:

4.5.2: of satisfactory quality:

4.5.3: fit for a specific purpose:

4.5.4.: accessible or available, without interpretation, or without error.

• We claim no expert knowledge in any subject. We disclaim any liability or

obligation to you arising directly or indirectly from information you acquire

from our website.

• We accept no responsibility for third party advertisements which are posted on

Our Website or via the Services:

• We shall not be liable to you for any loss or expense which is:

4.8.1: indirect or consequential loss; or

4.8.2:  economic loss or any other loss of business, profits, turnover, or goodwill

even if such loss was reasonably foreseeable or we were aware you might

incur it.

• This paragraph (and any other paragraph that restricts or excludes our liability) is

applicable to our directors, officers, employees, agents, subcontractors, 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 and

to ourselves.

5.      Miscellaneous Matters

• Our policy is solid and accurate. It complies fully with the Data Protection Act 2018

Which is at [link to privacy policy].

• If any provision or term of this agreement is at any time held by any jurisdiction to

be void, unenforceable or invalid, then it shall be treated as changed or reduced,

only to the extent minimally necessary to bring it within laws of that jurisdiction

and to prevent it from being void and it shall be binding in that reduced or changed

form. Subject to that, each provision shall be interpreted as severable and shall not

in any way affect any other of these terms.

• No delay or failure by any party to exercise nay right, power or remedy will operate

as a waiver of it nor indicate any intention to reduce that or any other right in the

future.

• 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 correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent

the email: within 24 hours if no notice of non-receipt has been received by

the sender. [Take care before agreeing to accept service by e-mail. It may be

                       convenient, but you could miss or accidentally delete the message].

5.5          The construction, validity, or performance of this agreement shall be governed by

the laws of [England and Wales/ Scotland/ Northern Ireland] and you agree that

any dispute arising 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 Act applies to all personal data you collect, use or store. The scope includes data about any INDIVIDUAL.

We have drawn an extensive privacy notice. It reassures your website visitors that you take their privacy seriously. Importantly, your adopting this act will prompt you to make changes that 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, there is no 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 are:

• 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 process, change, or edit that information without express consent, if such information include his name, image, address, etc.
• Until now, you could ask for a tick to a box showing that your client or customer has read your T&C. That is no longer good enough. There is no 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 believing that it will help you make the necessary changes on your website and use an updated privacy notice. This terms and conditions document will help you run your business seamlessly while conforming to the Act.

Paragraph specific notes

Notes numbering refers to paragraph numbers.

1. Definitions

We have no comment.

2. Children on Our Website

The purposes of this paragraph are, to inform parents and guardians that your website may contain inappropriate content as well as to protect you from a claim on that account. The last sub paragraph covers the situation where a third-party act on behalf of the child to avoid the previous disclaimer. Erase this paragraph if you are uncertain that it is needed.

3. Intellectual Property

Few business managers appreciate just how much IP is owned by the business. There is a wide variety of variety of IP rights, from trademarks to domain names. It is a good idea to leave this provision in place and ensure that it is edited, as necessary.

4. Disclaimers and limitation of liability

This paragraph may be the main reason behind buying this document. We have provided you with very solid protection. The law is complicated, and a lot depends on the facts of each case. We recommend that you include these disclaimers so far as they apply to your business.

In this document, 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. Select the one according to your jurisdiction clause.

5. Miscellaneous matters

A few special points. We have identified each of these matters as paramount to protect you. Some are relevant to specific paragraphs in the document, while some apply more generally. Some are included to strengthen your position generally. Do not get rid of these paragraphs unless you are positive of the legal effect of doing so.