A terms and conditions agreement – also called “terms of use” or “terms of service” – is a legal agreement between your website and its visitors. You add it to your Loopia Sitebuilder site as its own page, usually linked from the footer. It:
- Protects your rights against misuse of your site
- Helps you shut out visitors who abuse your platform
- Ensures a clear agreement between you, your business and your customers
Why terms and conditions matter
There’s no legal requirement to have terms and conditions for your website. But not having them can cause problems if a customer takes you to court – in that scenario, your terms can limit your liability. They also protect your rights to the content on your site.
Where to place your terms and conditions
Where you place your terms matters. Most sites link to them from the footer of the homepage, which makes them easy to find and read at any time while blending into the overall design. If you use the online store, you can automatically place links to legal pages in the footer of every page.
What your terms and conditions should cover
- Copyright: state ownership of and usage rules for material on the site, including any trademarks.
- Ownership: make clear who owns the site and its content.
- Usage requirements: describe any conditions for using the site and online store, for example whether registration is required.
Note: the examples below are a starting point for your terms of use and your privacy policy – two separate documents. They haven’t been reviewed by a lawyer, and you may need to consult a legal expert to make sure they cover the specific circumstances of your business.
Example GDPR-compliant terms and conditions
Replace MYCOMPANY with your business name, and enter the country or region where you mainly operate, in both documents below.
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Terms and conditions
1. Terms
By accessing this website, you agree to be bound by these terms of use, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials on this website are protected by applicable copyright and trademark law.
2. Use licence
Permission is granted to temporarily download one copy of the materials (information or software) on MYCOMPANY’s website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
- Modify or copy the materials.
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
- Attempt to decompile or reverse engineer any software contained on the company’s website.
- Remove any copyright or other proprietary notations from the materials.
- Transfer the materials to another person or “mirror” the materials on any other server.
This licence shall automatically terminate if you violate any of these restrictions and may be terminated by MYCOMPANY at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
3. Disclaimer
The materials on MYCOMPANY’s website are provided “as is”. MYCOMPANY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MYCOMPANY does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the materials on its website, or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall MYCOMPANY or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the company’s website, even if MYCOMPANY or a MYCOMPANY authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and errata
The materials appearing on MYCOMPANY’s website could include technical, typographical or photographic errors. MYCOMPANY does not warrant that any of the materials on its website are accurate, complete or current. MYCOMPANY may make changes to the materials on its website at any time without notice. MYCOMPANY does not, however, make any commitment to update the materials.
6. Links
MYCOMPANY has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by MYCOMPANY. Use of any such linked website is at the user’s own risk.
7. Terms of use modifications
MYCOMPANY may revise these terms of use for its website at any time without notice. By using this website, you agree to be bound by the then-current version of these terms of use.
8. Governing law
Any claim relating to the company’s website shall be governed by the laws of YOUR COUNTRY, without regard to its conflict of law provisions.
General terms and conditions apply to the use of a website.
[END OF EXAMPLE – TERMS AND CONDITIONS]
Example privacy policy – a separate document
The privacy policy doesn’t belong with the terms and conditions. Create a separate page for your privacy policy and copy the example text below there.
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Privacy policy
Your privacy is very important to us. We have developed this policy so that you understand how we collect, use, communicate and make use of personal information. Our privacy policy is set out below.
- Before or at the time of collecting personal information, we will identify the purposes for which the information is being collected.
- We will collect and use personal information solely to fulfil the purposes we have specified and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary to fulfil those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used and, to the extent necessary for those purposes, should be accurate, complete and up to date.
- We will protect personal information with reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles to ensure that the confidentiality of personal information is protected and maintained.
[END OF EXAMPLE – PRIVACY POLICY]
By following these guidelines and working with legal expertise, you can create a robust, GDPR-compliant terms and conditions agreement that serves both you and your users well.