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You can legally write your own terms and conditions agreement. While some companies rely on lawyers to write their terms for them ? like platforms that target minors under 18 or deal with sensitive information ? this is not always necessary, and you don't need one to create a legally-enforceable agreement.
What Happens If Users Don't Agree to Terms and Conditions? If users don't agree to the Terms and Conditions of a website, they're typically not given any access to use it. This is the only way that the site owner can ensure they're saving their platform from people with bad intentions.
This article explains the requirements you must satisfy to have a legally binding agreement. Acceptance of the Terms. ... The Agreement is Complete. ... An Exchange of Promises. ... Intention to Form Legal Relations. ... Capacity to Consent. ... Entering a Contract With a Company. ... Verbal Agreement.
T&Cs are not automatically legally binding. When compared with contracts themselves, T&Cs are often not signed and accepted in the same way, so their enforceability is often misunderstood.
For clarity, parties who accept or sign a document that appears on its face to be a contract are deemed by law to agree to all of its terms. Therefore, the parties are bound by those terms even if they did not read the document and even if they are ignorant of some or all of its terms.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Websites are not legally required to feature a terms of use page. A well-written terms of use agreement should have several main elements. It should cover potential legal disputes, how the website protects users' privacy, and explain how it follows applicable law.
Ing to contract law, in order for a contract to be valid, there must be an offer, consideration, and acceptance. Being able to prove your customer accepted your terms (and therefore entered a contract with you) will determine whether or not your Terms and Conditions are enforceable.