Introduction
Terms of use are added to a website to clearly outline the rules and regulations that a user or visitor must agree to and abide by while using the website. Once accepted, they form a binding e-contract between the user and the website. Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 makes it mandatory for website owners to provide a privacy policy and terms of use to disclose all information related to the usage of the data collected and the privacy protocols being used by them.
Terms of use may vary depending on a number of factors, such as the type of business you are operating or the nature of your website. They generally contain disclaimers regarding user activity, accounts, products, technology, refund policy, etc., and also permissions granted by the user for the usage of the collected data. This article lists the key clauses that should be added to your terms of use.
Important Clauses
The terms of use should include the components that will help keep your website and business safe. Some of the clauses to be mentioned therein are stated below:
- Acceptance of Terms: this section will inform the user that by using the website and/or any services provided therein, they are agreeing to adhere to all the terms and conditions set forth by the website owner, entering into a legally binding agreement.
- License to Use: this section entails the extent of the license to use the services of the website granted to the user.
- Acceptable Use Policy: this section will list the prohibited uses of the website for the user/visitor, such as illegal purposes, harvesting data, harassing others using the website, or using the website for personal gain.
- User Accounts: this clause is mandatory where the website allows users to create accounts to use its services. It states that the user shall be responsible for ensuring that all data provided is accurate and true to their knowledge, and that they are responsible for not sharing their account information, such as their log-in ID and password.
- Privacy: this section links to your privacy policy, which states how the user's information is used and protected by the website, and helps clarify the liability of the website owner towards the information collected, stored and managed.
- Ownership of Intellectual Property: this section clearly outlines that the website owner is the owner of all intellectual property rights available on the website, and that users/visitors may not use any such intellectual property without explicit permission of the website owner.
- Cookies: if your website uses cookies, this section details how they are used to store information, and may also mention how users/visitors can decline these cookies, i.e. by disabling them in the user's browser settings.
- Compliance: this section mentions the legality of the website, and lists the specific criteria that users/visitors are required to conform to for availing its services.
- Disclaimers: a variety of disclaimers can be used on a website, and the website owner should make sure all of them are detailed in this section. This section should be carefully drafted to ensure there is a limitation of liability for the website owner.
Conclusion
This document helps the website owner give information and disclaimers to users/visitors, and thereby have a clear stance on their liability towards the information collected on the website. It is therefore advisable to consult with legal counsel while drawing up the terms of use for your website.
Disclaimer: The content of this article is intended to provide general guidance on the subject matter. Specialist advice should be sought about your specific circumstances.