What are “Terms and Conditions”?

Terms and Conditions policy refer to the agreement that includes the rules, terms, and guidelines of acceptable behaviour.
Other useful sections, a user must agree to for use or access to your website and mobile app are also included in this agreement.

What is the Terms and Conditions policy?

The Terms and Conditions policy is a type of legal contract between you and your users who access your website and mobile app.

Having this agreement or policy is optional, as there are no laws that require you to have one.
Though under the GDPR and PECR, consent to processing personal data cannot be bundled with terms and conditions and must be covered separately under privacy policy.

terms and conditions

It depends on you how you set the guidelines and rules which must be agreed by a user or visitor to your website.

You have every right to exclude users from your app that abuse or use inappropriate words for your app. In the policy, you can maintain your rights against potential app abuse and vice versa.
Terms and Conditions are also known as Terms of Service or Terms of Use.

What should a company include in its Terms and Conditions policy?

You can include the rules and guidelines on how users will access and use your website.
Below are a few examples:

  • Terms governing intellectual property, where users will be clearly informed that the content, logo and other visual media is company property, protected by the relevant intellectual property laws.
  • Then, the Termination clause informs that a user’s account on your website can be terminated on your discretion or also in case of abuse.
  • Informing users about the law which governs the agreement. It is best that it should be the law that is enforceable in the country in which your business is headquartered, or where the main market for your business is.
  • There will also be clauses related to third-party website links, outlining to the user that you are not responsible for anything that is accessed through such links.
  • For example, if your website allows users to create content and can make it available publically then, a content section informs a user that he owns the right to the content they have created. This also outlines that users must give you a license to share this content on your website or mobile app.
  • With user produced content, there is the risk that copyright claims made either under the DMCA or similar provisions in different jurisdictions. Thus, Terms and Conditions also need to set out that you will respond to notices and remove any infringing content.
  • Then there are clauses addressing the limitations that are imposed upon users to be able to use the services, this can be provided as a list within the Terms and Conditions.

Enforcing Terms and Conditions

Creating Terms and Conditions policy is important, though, not required by the law. But, if you have it on your website or on the mobile app, it will benefit you. As a contract between the parties, Terms and Conditions can be enforced if there is any breach from either side.

terms and conditions

Frequently Asked Questions

1) What is the difference between Terms of Use and Terms and Conditions?

On a website, Terms of Use are terms that apply to every visitor. However, Terms and Conditions are applicable only to particular users on the website, especially when a user is required to pay for a service or product.

2) What is the purpose of Terms and Conditions?

Terms and Conditions are a legally binding contract between you and your website users. The core purpose of this agreement that it sets rules and guidelines that a user must agree with and follow when they use and access your app or website.

3) Can Terms and Conditions be changed?

Terms and Conditions are legal contracts. If changes are required in the agreement. For website Terms and Conditions, a clause enabling the unilateral change should be included to enable the business to have flexibility as their business grows and develops.