Website Terms and Conditions of Use

What are website terms and conditions of use?

Website terms and conditions of use set out the basis on which an internet user can access and use a website in the United Kingdom.

What are the differences between terms and conditions of use and terms and conditions of sale?

Terms and conditions of use will address how a website may used. These will cover factors such as security, safety and intellectual property.

Terms and conditions of sale will constitute a contractual agreement. These will apply when a consumer purchases goods or services from an online retailer.

What is the difference between terms and conditions of use and an acceptable use policy?

The purpose of an acceptable use policy is to set out the standards and rules which users of the website must comply with wherever they are using the website. This type of policy document is not legally binding.

The terms and conditions of use will endeavour to create a binding contract with the website user. The terms and conditions will often refer to and incorporate an acceptable use policy.

Is it mandatory to have terms and conditions of use?

No. It is however good practice to have terms and conditions to limit a website operator's liability, as appropriate. Online safety laws are currently being tightened, so that website owners will have a duty of care to prevent the use of their services for criminal activity and to safeguard children.

What will be the duration of the terms and conditions of use?

It is intended that the terms and conditions of use will remain on the website indefinitely, but these should be updated at regular intervals. Usually, the terms and conditions will be reviewed and updated (where appropriate) at least annually.

What must be done once the terms and conditions of use have been finalised?

Once the terms and conditions of use have been finalised, they should be displayed on a webpage of the website in an easily accessible location. It is best to obtain explicit acceptance of the terms and conditions from a website user (e.g. by asking a user to click an 'I accept' button before accessing the site).

Are terms and conditions of use binding?

It is possible for terms and conditions of use to constitute a binding legal contract. In order to maximise the chances of the terms and conditions being binding, a website operator must ensure that the website user has been informed of and has accepted the terms and conditions. Usually, this is achieved by asking a user to click a button to confirm that they accept and by ensuring that the terms and easily accessible.

What other documents should be used alongside terms and conditions of use?

A website operator will also need to hold other documents which should be read in conjunction with the terms and conditions of use, such as:

• terms and conditions of sale
• a privacy policy
• an acceptable use policy
• a cookie policy
• a complaints policy

What should terms and conditions of use contain?

Terms and conditions of use should confirm:

• information about the website – the website owner's identity, domain and contact information
• user obligations – information about how the website may be used by website users
• intellectual property information – important terms regarding intellectual property to minimise the risk of infringement
• security - what happens when information is submitted to the site by a user
• information about limitation of liability – what the website cannot be held liable for
• information about dispute handling – how users can complain

What laws apply to terms and conditions of use?

The following legal provisions will be relevant to terms and conditions of use:

• The Consumer Rights Act 2015
• The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015
• The Equality Act 2010
• The Contracts (Rights of Third Parties) Act 1999
• The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

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