This article will clear up the difference and hopefully give you some guidance for your own business.
If they don’t like the terms or don’t agree, they don’t have to accept it – as with any other contract.
All of the above ‘terms’ have to be legally compliant. You should also think of how you can best protect your website’s visitors but at the same time safeguard the interests and limit the liabilities of your company. What this means will vary depending on your website’s functions, set up, and purpose.
What Are Terms And Conditions?
Terms and conditions are the conditions upon which a website visitor engages your business and the products or services you offer. It is a contractual agreement between a paying customer and you, the business. Generally, it comes into effect once an economic exchange is made, and is a precursor/requirement to said exchange happening.
If you are running an online business, your website may have a page with terms and conditions that shows up just before a purchase is processed. It’s likely that you’ve ticked a ton of these run-of-the-mill boxes to confirm you ‘understand’ the terms and conditions. But all downplaying aside, it is vital the customer understands this, and it is even more important that you have your own.
Think of it as a way to set out the expectations and responsibilities of both parties to the exchange, but with the aim of protecting you from liability if something were to go wrong. And by wrong, it means the customer was to act outside the scope of the terms and conditions laid out. With well drafted terms and conditions, your revenue stream and other key legal rights will be protected.
What’s Included In Website Terms & Conditions?
Your terms and conditions agreement may include intellectual property reservations, payment particulars, liability, termination and details of dispute resolution if needed. These are all aimed at protecting you should anything go wrong.
It will heavily be moulded by the type of business you run. For example, your terms and conditions may set out the visitors obligations with respect to the economic exchange taking place. Say you are running a retail business, and a customer is looking to purchase a piece of clothing. They may be obligated to return the item within a set amount of days in order to receive a refund (note, this isn’t law, this is just a hypothetical). Similarly, this clause would limit your liability in the sense that you wouldn’t need to be providing refunds from 10 years ago.
If you need further guidance on terms and conditions, it might be worth checking out our How to Write Terms and Conditions for Your Website article. Note this is just guidance, and your website’s terms and conditions will vary depending on what industry you’re in, the function of the website and the type of transaction that is being entered into.
Feel free to contact our friendly team who will help you get things underway. We can be reached at 1800 730 617 or alternatively at email@example.com for a free, no-obligation chat.
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