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Terms and conditions provide clarity about what should happen in any given situation. They set out the key commercial terms you are offering to your clients and helps the contractual parties to understand their duties, rights, roles and responsibilities.
Some website proprietors simply post terms and conditions, generally behind a link labeled "terms and conditions" or "legal notices". They do this with the expectation that the terms will be enforceable without a specific manifestation of assent by the user, such as by clicking "I agree" or "yes".
Terms and conditions provide clarity about what should happen in any given situation. They set out the key commercial terms you are offering to your clients and helps the contractual parties to understand their duties, rights, roles and responsibilities.
A legitimate terms-of-service agreement is legally binding and may be subject to change. Companies can enforce the terms by refusing service. Customers can enforce by filing a lawsuit or arbitration case if they can show they were actually harmed by a breach of the terms.
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.
To return to the original question, then a terms and conditions contract does not need to be on paper and physically signed, but both parties must be aware of its existence in a demonstrable way, and not in dispute over the terms.
If a party in a contract breaches illegal contract terms, that party is not held liable because the contract itself is illegal. Illegal contract terms are often used as a defense by parties to a contract when they are accused of breaching the agreement.
Reason #1: Prevent Abuses. A Terms and Conditions agreement acts as a legally binding contract between you and your users. It's the agreement that sets the rules and guidelines that users must agree to and follow in order to use and access your website or mobile app.
Websites are not required to post terms and conditions and there are still some websites that do not do so. However, there are mandatory disclosures that apply to particular type of transactions, whether web-based or not.
While terms are generally not legally required (like the privacy policy), it is essential for protecting your interests as a business owner.