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You must include a privacy policy on your website if you collect identifying informationsuch as names, addresses, telephone numbers, email addresses, credit card informationfrom users. It's a good idea to include both a privacy policy and terms and conditions on your website.
A Terms and Conditions agreement acts as legal contracts between you (the company) who has the website or mobile app, and the user who accesses your website/app. Having a Terms and Conditions agreement is completely optional. No laws require you to have one.
A Guide to Writing Your Terms and Conditions AgreementA brief introduction.The effective date.Jurisdiction/governing law.Link to your Privacy Policy.Contact information.Limitation of liability and disclaimer of warranties.Rules of conduct.User restrictions.More items...?
No, you do not need terms and conditions on your website. Terms and conditions are not required by any state or federal laws, but having them is a best business practice. Terms and conditions can help you in the event of a legal dispute or copyright claim, as they are a legally binding agreement.
Are website terms and conditions legally binding? Yes, if they meet the elements that create a legally binding contract and how the terms are presented to the user for review and acceptance on the website.
Terms and Conditions Overview While most websites seem to have one, there's actually no legal requirement for defining Terms and Conditions. (NOTE: If you are gathering users' personal data, you are required by law to have a formal Privacy Policyeven if you don't have a Terms and Conditions page.)
Are Terms and Conditions Legally Binding If Not Signed? Terms and Conditions don't have to be "signed" in order to be legally binding. However, there has to be some evidence that the customer has accepted the Terms and Conditions.
When the user accepts the terms i.e. checking a box or clicking a button to indicate acceptance the Terms and Conditions become a legally binding contract. However, proper presentation and acceptance methods are key to enforceability.
While terms are generally not legally required (like the privacy policy), it is essential for protecting your interests as a business owner.