Terms
Website terms: simple information site
This template is a Net Lawman document. We hope that it will be user-friendly and very beneficial to your website.
You would need to edit this template before using it on your website. If you need help making changes or would want the services of an attorney to verify if the edited version is functional, we offer a document review service – just contact our legal team at support@netlawman.co.uk.
We release this template under copyright and remind you that you may only use it in accordance with the licence agreement that is stated in our terms and conditions. If you do, you agree:
· to keep the reference to Net Lawman in the document; and
· you will only publish the document or any variation of it on a website as long as you link to our site.
If you would like to get rid of the reference to Net Lawman, it is recommendable to purchase a licence from us. For more information, please contact us at support@netlawman.co.uk.
You will need to edit this template before you make it available on your website. You should download our free Guide to editing legal documents (http://www.netlawman.co.uk/uploads/Editing Legal Document Templates.pdf) as well as reading the notes at the end of the template. If you have any questions, do let us know.
Your website may need a privacy policy. We offer this document for free at https://www.netlawman.co.uk/d/website-privacy-policy.
The template for the terms and conditions starts on the next page. Drafting notes commenting on each paragraph can be found at the end of this document.
Terms and Conditions
These terms and conditions are the contract between you and Solar Lighting (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
You are: Anyone who uses Our Website.
Before you proceed, thoroughly read this agreement and don’t forget to save it. If you do not wish to comply with it, you should leave Our Website immediately.
These are the agreed terms
1. Definitions
| “Content” | means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. |
| “Intellectual Property” | means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights. |
| “Our Website” | means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. |
| “Services” | means the service provided from Our Website. |
2. Children on Our Website
2.1. Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:
2.2. In the children categories, our volunteers have checked both the entries, and, where relevant, the links.
2.3. We do not knowingly collect personal information from any person under the age of 16 years.
2.4. Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.
2.5. It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
2.6. Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
2.7. Filter software may also be useful to you.
2.8. You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.
2.9. You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
3. Intellectual Property
You agree that at all times you will:
3.1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
3.2. notify us of any suspected infringement of the Intellectual Property;
3.3. so far as concerns our work provided or made accessible by us to you, you will not:
3.3.1. copy, or make any change to any part of its code;
3.3.2. use it in any way not anticipated by this agreement;
3.3.3. give access to it to any other person than you, the licensee in this agreement;
3.3.4. in any way provide any information about it to any other person or generally.
3.4. not use the Intellectual Property except directly as intended by this agreement or in our interest.
4. Disclaimers and limitation of liability
4.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
4.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
4.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
4.4. Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
4.5. Solar Lighting is provided “as is”. We make no representation or warranty that Our Website will be:
4.5.1. useful to you;
4.5.2. of satisfactory quality;
4.5.3. fit for a particular purpose;
4.5.4. available or accessible, without interruption, or without error.
4.6. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
4.7. We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;
4.8. We shall not be liable to you for any loss or expense which is:40.8.1. indirect or consequential loss; or
4.8.2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
4.9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as to ourselves.
5. Miscellaneous matters
5.1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018.
5.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
5.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
5.4. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.
| It shall be deemed to have been delivered: |
| if delivered by hand: on the day of delivery; |
| if sent by post to the correct address: within 72 hours of posting; |
| If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message]. |
5.5. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.
Explanatory Notes
Website terms: simple information site
General notes
What you need to do to comply with the Data Protection Act 2018
The Act is applicable to all your personal data that you collect, use or store. The scope includes data about any INDIVIDUAL.
We have drawn a comprehensive privacy notice. It helps to reassure your website visitors that you take their privacy seriously. More importantly, your adopting it will prompt you to make whatever changes are necessary in your day-to-day business. You can download it at https://www.netlawman.co.uk/d/website-privacy-policy
For this terms and conditions document, you do not have to explain to customers that you comply with law – any more than you would tell them you comply with any other law.
As a vastly reduced summary, the important areas of the Act to consider are:
· you do not have a provision where you are assuming implied consent of the customer to use his information in the way you think fit;
· if you allow a user to post information to your website, you may not process, edit or change that information without express consent, if such information include his name, address, image etc.
· Until now, you could simply ask for a tick to a box indicating that your customer or client has read your T&C. That is no longer good enough. You need to say exactly what you might do with your user’s data.
· The most important elements of data to consider are personal data and any data which you want to use – for example as a testimonial.
You may find full list at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/
We have drawn this terms and conditions document on the assumption that you would make practical changes on your website and use an updated privacy notice. So as to allow you to run your business seamlessly while complying with Act.
Paragraph specific notes
Notes numbering refers to paragraph numbers.
1. Definitions
We have no comment.
2. Children on Our Website
The purposes of this paragraph are first, to inform parents and others in charge of children that your site may contain unsuitable content and secondly to protect you from a claim on that account. The last sub paragraph covers the situation where some third party acts on behalf of the child as a way to avoid the previous disclaimer. Delete if you are sure it is not required.
3. Intellectual Property
Few business managers appreciate just how much IP is owned by the business. There is an enormous variety of IP rights, from domain names to trade marks. It is sensible to leave this provision in place, edited as appropriate.
4. Disclaimers and limitation of liability
This paragraph may be the main reason why you have bought this document. We have given you very strong protection. The law is complicated and much depends on the facts of each case. Our best advice to you is to include these disclaimers so far as they apply to your business.
You will see that we have also included in the provision for your associates to have the same protection. One way to get around disclaimer provisions in the past was to claim not against the company with whom the claimant has a contract but against the directors or others in negligence.
Rights of Third Parties Act – We have provided reference of two Acts. By all means select the one according to your jurisdiction clause.
5. Miscellaneous matters
A number of special points. We have identified each of these as important to protect you. Some are relevant to particular paragraphs in the document, some apply more generally. Some are included to strengthen your position generally. Do not delete unless you are quite positive of the legal effect of doing so.