Terms and Conditions for websites
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Legal compliance is of paramount importance to all businesses and it is
becoming increasingly more difficult for businesses to continue to comply due to
the raft of legislation that is coming in to force for within the UK, EU and
Online terms and conditions have become increasingly important. Particularly
so with those sites known as ‘e-tailers’, the site must be structured so the
customer presents to the supplier the offer the supplier is expecting. In
effect, the supplier is inviting the customer to make an offer on the basis of
the supplier’s terms and conditions. When the customer ‘accepts’ this premise
(and presumably provides additional identity or payment information), the
supplier must ensure, by using appropriate software, that the customer’s
response/offer is limited to a ‘yes/no’ choice. There must be no opportunity for
the customer to amend the terms in a way that may not be picked up by the
supplier’s software. Try to ensure these terms are in a pdf format. The customer
must not be able to proceed without first agreeing to the terms.
Form part of the contract
It is also important that the terms and conditions of the supplier actually
do form part of the contract in question. It is far from conclusive but the
agreed position is that such terms need to be brought to the attention of the
customer prior to making the contract.
Lawdit’s Handy Tips
- Give your customer ample opportunity to read the terms.
- Ensure customer agrees to the terms.
- Present all necessary information to customers in a clear and easy
to locate fashion.
- Terms and conditions should pop up automatically prior to the
customer registering as a user.
- Sensible balance must be struck. This balance is between terms and
ability of the customer to read these and purchase.
like at the top or down the side of each page of the site directed to the
terms and conditions.
- Each potential customer should also be presented with the terms and
conditions and be given clear instructions where to read them both at the time
of any registration and prior to the point any contract is formed.
For further information, please contact Izaz Ali
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2007-05-21 23:16:57 in Legal Articles