Terms and Conditions of a Website or Mobile Application

The Terms and Conditions of a Website/Application is an agreement that includes all the set rules and acceptable guidelines relating to the use of a website or application. This is used for website, application, or online store.

This document serves as an agreement between the owner of the website or application and its users. The owner is the person or company that owns a website or application and the users are people who use the websites or application. This document enables the owner to set rules relating to the use of its website/application. These rules include, but not limited to the following:

• Personal Information of Users: Sometimes, personal information (such as name, username, emails, passwords, credit/debit card details etc.) of users may be required for users to have access to or use the services provided in the website/application. In this case, the owner must take steps to provide a privacy policy. This privacy policy may be included in this document, or in a separate document. It gives a description of the personal information collected/needed for the users, what the personal information will be used for and how this information can be protected.

• Acceptable Use/Prohibited Use: This clause limits what the users can do on the website or application. It specifies what the users can or can not do on the website/application.

• Intellectual Property Ownership: This clause protects the intellectual property of the owner, such as the brand name, graphics, videos, contents, materials and all other intellectual property belonging to the owner.

• User Contents: If the website/application allows users to create and post their own contents on the website or application, the document specifies that the user owns the contents. However, a license is granted to the owner to use the contents.

• Affiliate Marketing: The owner of a website/application may engage in affiliate marketing. This is a marketing strategy that allows the owner of a website/application to advertise the products of online retailers in exchange for commission which will be paid upon each sale or referrals made.

• Termination/Suspension: This informs users that their accounts or use of the website/application can be terminated or suspended in cases of abuses and/or at the sole discretion of the owner.

• Terms of Service: If products and/or services are sold on the website/application, it is important to inform the users about the acceptable payment terms, shipping policies, refund/return policies, etc.

Every online store, website, or mobile application requires this document to create a contractual relationship between the owner of the online store or website and their users. Other important documents for website or application include the Privacy Policy, Cookie Policy, and Refund Policy.

How to use this document

This document can be used by any individual or company that owns a website/application as it creates a binding agreement between the owner and the users. After filling out this document, it should be published on the website or application.

Some websites or applications simply make the terms and conditions available on a separate page, usually accessible via a hyperlink that appears on the same page. In this case, the end user may not review the terms before accepting the contract. This is called the browse wrap agreement. Other websites or application make the users take positive steps to confirm that the user has read the terms and conditions. For example, the site or application may have a pop up box showing the terms and conditions where the user will be required to scroll all the way through the terms and conditions before checking the box saying "I understand the terms and conditions of this website and have agreed to be bound by them". This is called a click wrap agreement.

Applicable laws

Although there is no standard law that stipulates the provision of this agreement, the National Information Technology Development Agency (NITDA) Guidelines set rules for the protection of personal data and privacy policy.

Also, there are general laws that regulate Information Technology and Communications, such as the Copyright Act, which ensures the protection of intellectual property, and the National Information Technology Development Act.

On May 25, 2018, the European Union (EU) General Data Protection Regulation (GDPR) came into effect to ensure the protection of personal data. It addresses the export of personal data outside the European Union. This regulation is applicable to Nigerian businesses if they offer products and services in the EU or if they process the personal data of people in the EU.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.