Your website exists to help your clients and customers find and
interact with you. You may include e-commerce capabilities, or you may primarily
seek to inform people about your company and your products and
services. Whatever your goals are, though, you must be on
guard; people naturally seek to rely on what they see online. This
can be a good thing, but you need to create parameters around what
they can and cannot rely on your site to do.
The means you have to protect yourself in this regard are your
terms and conditions. When you give your customers a clear
description of what they can and cannot expect to receive and
depend on, you provide yourself with another layer of protection
from potential liability.
For terms and conditions to help you, your customers must be
able to find them. This can be a display on your homepage or a link
to the page that provides them. Sometimes you may also seek to
require the persons using your website to positively confirm their acceptance of your
terms and conditions.
Similarly, you must use language your customers can understand.
If you use vague or complicated language, you will not receive any
benefit of doubt from a court. In clear, concise verbiage, your
terms and conditions must lay out what your site viewers need to
Finally, you need to ensure your terms and conditions do not run
afoul of any laws or regulations in your industry and in the
applicable jurisdictions. This can be complicated; people can
access websites from all over the world, and different countries
have different laws that pertain both to your industry and to
online communications and privacy rights.
With all of the concerns you face in drafting terms and
conditions, you are likely not prepared to craft effective and
compliant terms without legal assistance. Barnea &
Co. can assist you in identifying the laws and regulations that
apply to the terms and conditions on your website, and in adapting
those according to the purposes your website serve. Contact our
professionals today to give your site and your business the
liability protection you need.
Originally published December 18, 2016
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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