Table of Contents
What are my options?
1. Create a general website Terms of Use
2. Draft a Terms and Conditions for Online Marketplace
3. Generate a Terms and Conditions for Online Sale of Products
Do I need terms of use for my app or site?
A Terms of Use is essential for every business that has an online presence to protect the content from being misused. Whether you are involved in e-commerce, providing a service, or your site or app is merely informational, a Terms of Use page sets the rules for users and visitors.
Here are the options
Option 1: Terms of Use
A Terms of Use is essential for every business that has an online presence to protect the content from being misused. These are the important things to include in terms of use for your app or site.
- Details of the website owner and web address
- Username and password requirements
- Whether you allow users to be able to post information on your website or upload files to your website
- Complaint email address
- Alleged copyright infringement arrangements; and
- Date of Terms of Use.
A noticeably displayed link to the Terms of Use should be visible from every page on your website. The more noticeable your terms to website visitors, the more likely they will adhere. If there is a registration process on the site, this can deal with the agreement of users to your website’s terms of use.
You can even ask the users to accept the website terms to get access to certain functionality, for example distinguishing differing terms for paid and unpaid services or premium areas of your site or app.
Determine if you need a Terms of Use for your website or app, or even both
For example, if you are a SaaS business, you are likely to have a website and a web app that users pay to use. If you are an e-commerce business, you will have both free and paying customers.
Need to draft one now?
Or in the case of an app or paid area of a site, ensure you make clear reference that the user is agreeing to your Terms of Use when they sign up. So that they have the opportunity to see and read and understand your rules of engagement. For example, the Zegal Terms of Use are linked here.
Option 2: Terms and Conditions for Online Marketplace
Terms and Conditions for Online Marketplace set out the terms on which you provide a marketplace for sellers to sell and buyers to buy products. The products covered by the Terms and Conditions for Online Marketplace may be goods, services, or digital content. These give you the option of indicating whether or not you are subject to the General Data Protection Regulation that came into force on 25 May 2018. If you are, these terms will include the appropriate personal information-related provisions.
The Terms and Conditions for Online Marketplace only govern the terms of providing a marketplace. You may also need to use the Terms of Use to set out how your site or applications may be used, and a Privacy Policy to explain how personal data is collected and processed.
If you wish to sell your own products online, use the Terms and Conditions for Online Sale of Products instead.
Key points
- Information about you and how users may contact you;
- Terms and conditions that will apply to sellers on the marketplace;
- Terms and conditions that will apply to buyers on the marketplace;
- Responsibility with regard to contents provided by users;
- Rights of buyers and sellers to terminate a contract; and
- What your responsibility is for any loss or damage suffered by a user.
Option 3: Terms and Conditions for Online Sale of Products
The Terms and Conditions for Online Sale of Products govern the terms by which a seller sells products to customers online. The products covered by the Terms and Conditions for Online Sale of Products may be goods, services, or digital content. These only govern the terms of sale. You may also need to use the Terms of Use to set out how your site or applications may be used, and a Privacy Policy to explain how personal data is collected and processed.
The Terms and Conditions for Online Sale of Products give you the option of indicating whether or not you are subject to the General Data Protection Regulation that came into force on 25 May 2018. If you are, these terms will identify you as the data controller and reinstate the importance of reading and understanding your Privacy Policy.
Key points
- Information about you and how customers may contact you;
- How a contract is formed on your website or in your app;
- How the products will be delivered or provided;
- The customers’ rights to end the contract;
- What happens when the products are defective;
- How customers may return products to you;
- Your rights to end the contract; and
- What your responsibility is for any loss or damage suffered by customers.
Client case study
Michele Bovetti from Omnia Technologies Limited uses Zegal to protect his business. The contract used sets out the relationship between an online seller and a buyer which ensures the buyer agrees to the terms when purchasing from a website.
