This document can be used as the terms and conditions of use for a website. It sets out the basis on which a user is granted access to a website and can be modified to take account of numerous factors including:
Websites using the document should consider and be aware of the EU's Online Dispute Resolution platform, which is referred to within the document.
Additionally, if any third party services are used on the site (such as payment providers), consideration must be paid to whether any further terms must be added to the document. Typically such terms will be mandated by such services and can be determined through a request to the provider.
Finally, it should be noted that this document has been created for use by general, common sites, which do not present more specific legal issues. If the website has content which is likely to create more specific issues, or is targeted at a sensitive audience, this document is not appropriate for use. In particular, if the website concerns regulated activities (including those covered by the Financial Conduct Authority), encourages dangerous or risky activities, offers legally restricted content or products, or is aimed at use by children, this document should not be used.
How to use the document
In order for the terms and conditions to be legally binding on a user of the website, the user will have to actually be made aware of them, and will have to be considered to agree to them. So firstly, they will need to be published on the website.
Some websites simply make the terms and conditions available somewhere on the site respectively (usually on a separate page, accessible via a hyperlink) and claim that by using the site, users agree to the terms and conditions. This is known as a "browsewrap" agreement.
Other websites make the user take positive steps to confirm that they have read, understood and accepted the terms and conditions. For example, sites might have a popup box that contains the entire terms and conditions. The user has to scroll to the bottom of the terms and conditions and then check a box (that is otherwise unchecked) to say "I have read and understood these terms and conditions and agree to be bound by them". This is known as a "clickwrap" agreement.
Websites that use clickwrap agreements often also make sure that the "I agree" box appears on the same page as the entire terms and conditions (so that the user cannot argue that although they checked the box, they did not actually see the terms and conditions). It is also common for websites to bring specific terms to the user's attention if those terms might be seen as particularly unfair on the user.
Similarly, if the terms exclude under 18s from using the site, it is typical for a website to require the user to confirm their age on a separate page or pop-up.
Any applicable law
Consumer Rights Act 2015
Electronic Commerce (EC Directive) Regulations 2002
The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015
Equality Act 2010
Contracts (Rights of Third Parties) Act 1999
The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
Regulation on Consumer ODR (Regulation (EU) no. 524/2013)
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