Website Terms And Conditions (Drafting)

Most websites contain a link to a Terms and Conditions agreement.Terms and condition agreement is entered between users or customers and site owners, to use their site. Nearly every ecommerce store has a link to a custom Terms and Conditions agreement placed in the site footer or some other conspicuous location like a registration or checkout page. A Terms and Conditions agreement is also called a Terms of Service, Terms of Use, or simply Terms. It makesa legally binding agreement that allows you to protect your business and limit your liability. It does this by establishing your legal rights and limitations in written form.

 

FEATURES OF TERMS AND CONDITIONS:

 

1. INFORMATION ACCURACY: If you are running an ecommerce site with a lot of product pages, it can be a full-time job making sure that all the information is accurate. It’s one of the most likely errors that will occur in your online store, so it opens the door to a lot of customer service issues. For this reason, it’s very important that you stipulate that information can sometimes be inaccurate and change without notice.

 

2. TERMS OF SALE:This part of your T&C should set out clear terms on how products can be purchased, whether there are any restrictions e.g. the restriction of sale for age-restricted products and services, and what happens in the event that a product cannot be supplied.

 

3. PAYMENT TERMS:This is where you will cover any terms relating to the payment of the product/service you sell. This is one of the biggest areas of liability for your business, so you need to make sure that your customers understand the expectations surrounding online transactions.

The payment terms section of your site should include:

1.The payment methods you accept (Visa, Mastercard etc.)

b.Missed/late payment conditions

c.How you will handle refunds/returns

d.How you will handle payment disputes

Because they are an intermediary between the buyer and seller, Etsy has very comprehensive T&C for its site. It establishes the rights and responsibilities of both the buyer and the seller. It also states that in agreeing to their T&C, the customer is also agreeing to the T&C of third-party services such as PayPal as well.

 

4. SHIPPING & DELIVERY:This is an area that has a lot of potential for error in ecommerce. A delivery could get delayed, damaged in transit — or not arrive at all. This is especially important if you use a 3PL provider or freight company. This is because your business no longer has direct control over what happens to orders. But the buck stops with you, as far as your customer is concerned. Although this is important for any seller, it has particular relevance to those who sell products that are more logistically difficult to fulfill. That’s why it’s essential to outline your shipping and delivery terms, in which your discuss the amount of time it takes to fulfill orders, how costs are calculated and whether extra fees are applicable, and what your level of responsibility includes when third parties are involved.

Documents


Passport Photo

Passport photo of all parties.


PAN Card

PAN card of all parties.


Aadhar Card

Aadhar card of all parties.


Utility Bill

Utility bill of Electricity or Telephone.


Address Proof

Valid Address Proof of all the parties.


Licence

Valid Driving Licence of all the parties.


Terms and Conditions

Terms and Conditions between the parties.


Other Documents

Other documents will be intimated through e-mail.

FAQ

Terms of service are the legal agreements between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service in order to use the offered service. Terms of service can also be merely a disclaimer, especially regarding the use of websites.

It provides a legal basis for the site's relationship with its users and is considered a contract in a court of law. For this reason, it is important that website owners create terms and conditions that meet their individual requirements.

A Terms and Conditions agreement is the agreement that includes the terms, the rules and the guidelines of acceptable behaviour and other useful sections to which users must agree in order to use or access your website and mobile app.

Terms of Service are terms and conditions to which a user must first consent to prior to the use or purchase of a site's service (i.e. purchase of goods, access to a web app, or access to a membership/registration based site). Upon proper acceptance by the user, the Terms of Service become a legally binding contract.

In order for an agreement, including a terms of use, to be legally binding, the user must have notice of the agreement. This can occur through actual notice (i.e. the user actually clicks on the agreement and sees that their continued use of the site results in a binding agreement) or constructive notice.

Website terms are intended by organisations that use them to create a legally binding contract between themselves and users of their services. In order to be binding, written terms must be reasonably brought to the attention of the parties prior to the contract being formed.

You agree to accept all the terms and conditions by clicking on "I agree to the Terms and Conditions" or "I agree to the Privacy Policy" "I have read and agree to the Terms" or "I have read and agree to the Privacy Policy" "I accept the Terms of Service" or "I accept the Privacy Statement".

To return to the original question, then – a terms and conditions contract does not need to be on paper and physically signed, but both parties must be aware of its existence in a demonstrable way, and not in dispute over the terms.

Unlike a privacy policy, terms and conditions are not a legal requirement. However, it is recommended that every website includes one as it forms the legal basis of the site's relationship with the user. Should there be a legal dispute, whether due to a user making a claim against the site or the business suing a user for any reason, the courts will use terms and conditions as a basis for assessing the validity of the complaint.