MAKE YOUR FREE Website Terms and Conditions
What we'll cover
What are Website Terms and Conditions?
Website Terms and Conditions provide information about a website's content and how visitors are permitted to use it. Website Terms and Conditions govern the use of a website and set out the legal rights and obligations between you (ie the business running the website) and the website’s users.
This document is GDPR compliant.
When should I use Website Terms and Conditions?
Use these Website Terms and Conditions:
-
to set out the legal rights and obligations between you and website users
-
when the users of your website will be at least 18 years old
-
when users will visit the website and download and contribute information in a personal capacity
Sample Website Terms and Conditions
The terms in your document will update based on the information you provide
About Website Terms and Conditions
Learn more about making your Website Terms and Conditions
-
How to make Website Terms and Conditions
Making Website Terms and Conditions online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Website Terms and Conditions you will need the following information:
Website details
-
What are the details of the website owner (eg their legal structure, name and address)?
-
If the website owner is located in Scotland, which country's law will apply to these Website Terms and Conditions?
-
-
What is the website address (ie the URL)?
-
What is the website owner’s email address?
-
Is the website owner VAT registered? If so, what is their VAT number?
Website use
-
Do website users need to:
-
Register their details on the website? If so, do they need to make a password?
-
Pay fees for using the website?
-
-
How are users allowed to use the website?
-
To view the website content on a computer screen?
-
To store the website content on a disk?
-
To print a copy of the content from the website?
-
To upload content to the website?
-
-
Will the website carry links to other websites?
Other policies
Does the website have a Privacy policy and/or Cookie policy? If so, provide the relevant URL(s).
-
-
Common terms in Website Terms and Conditions
Website Terms and Conditions protect your website and its users. To do this, this Website Terms template covers:
Introduction
This section identifies to whom the Website Terms and Conditions apply and identifies the relevant parties (ie the website owner and website users and not any employees of the website owner or consultants engaged by them).
In this section, all users are encouraged to read the Website Terms and Conditions before they use the website. By using the website, users are considered to be agreeing to the Website Terms and Conditions. If a user does not agree with the Website Terms and Conditions, they should stop using the website.
This section also sets out that users of the website must be at least 18 years old. By using the website, a user represents and warrants that they are at least 18 years old.
Intellectual property and acceptable use
This section sets out that all content on the website (apart from any content uploaded by users) belongs to the website owner (or their affiliates or partners). It clarifies that this website content is the owner’s intellectual property (IP) and that nothing on the website gives website users the right to use this IP.
This section further sets out what website users can do with the website and the website’s content and any associated rules and restrictions. For example, if website users can upload content to the website, rules include users’ being responsible for their own content and warranting that they have all of the rights to any uploaded content.
Prohibited use
This section sets out in what ways the website cannot be used by users. For example, the website cannot be used in any ways that are harmful, unlawful, illegal, abusive, harassing, threatening or against the law.
Registration
If relevant, this section sets out information related to registering to use the website. Examples include website users being required to provide correct and complete registration details and to inform the website immediately of any changes to the information provided. It also sets out when a user’s registration may be suspended or cancelled and how a user can cancel their registration.
Password and security
If relevant, this section explains that users must create a password when registering with the website. It also sets out when a change of password may be required (eg if there has been a security breach).
Links to other websites
If relevant, this section sets out that the website may link to other websites and clarifies that, unless otherwise specified, such links are not under the website owner’s (or their affiliates’) control. This section also sets out that the website owner does not assume responsibility for the content of any linked websites and that the inclusion of such links does not imply an endorsement by the website owner.
Privacy policy
This section appears if only a Privacy policy is in place. It explains that any use of the website is also governed by the privacy policy and provides a link to the policy.
Cookies policy
This section appears if only a Cookie policy is in place. It explains that any use of the website is also governed by the cookie policy and provides a link to the policy.
Privacy policy and cookies policy
This section appears if both a privacy policy and cookie policy are in place. It explains that any use of the website is also governed by these policies and provides a link to them.
Availability of the website and disclaimers
This section includes certain disclaimers about the website and any online facilities, tools, services or information provided on the website. Disclaimers are official statements clarifying that someone is not legally responsible for certain things. Examples of the disclaimers contained in these Website Terms and Conditions include:
-
the website owner using reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, but not giving a warranty (ie a legally enforceable promise) to that effect
-
the website owner not accepting any liability for any disruption or non-availability of the website
-
the website owner reserving the right to alter, suspend or discontinue any part of the website
Limitation of liability
This section limits the website owner’s liability (ie responsibility) in relation to the website and use of the website. This limitation involves the owner excluding liability for:
-
any business losses (eg loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities)
-
loss or corruption of any data, databases or software
-
any special, indirect or consequential loss or damage
It also clarifies that the website owner will not be liable in respect of any losses arising out of events beyond their reasonable control.
For more information, read Limitation of liability clauses.
General
This section covers certain boilerplate clauses which are included in most legal documents and which apply to the Website Terms and Conditions as a whole. Examples include:
-
the website users not being able to transfer any of their rights under these Website Terms and Conditions to any other person
-
the Website Terms and Conditions (along with any existing privacy and/or cookie polices) comprising the whole agreement
-
specifying which country’s legal system must be used to resolve any disputes. This is the Agreement’s jurisdiction. This is necessary as the legal systems of England and Wales and the legal systems of Scotland are different
Website owner details
This section provides information about the website owner, including their name and address, registered VAT number (if applicable) and email address.
If you want your Website Terms and Conditions to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Website Terms for you, to make sure they comply with all relevant laws and meet your specific needs. Ask a lawyer for assistance.
-
-
Legal tips for making Website Terms and Conditions
Take steps to properly implement your Website Terms and Conditions
It is crucial that your Website Terms and Conditions are brought to the attention of all of your customers. This means that, after making the document, you must:
-
make your Website Terms and Conditions available on your site, and
-
bring them to the attention of your users
To ensure that your users see and read your Website Terms and Conditions, consider asking them to accept them. For example, by ticking an ‘I agree’ box. For more information, read Website terms of use.
Consider what other documents you should adopt
While making and publishing Website Terms and Conditions is an important part of running your website, this is not the only document you should make. You should also consider making:
-
a Privacy policy, setting out how any information (and personal data) relating to website users will be handled
-
a Cookie policy, setting out what cookies your website uses and why
-
an Email footer and disclaimer, ie a statement contained in emails designed to protect you (ie the sender) from, for example, breaches of confidentiality
-
Terms and conditions, setting out your general terms and conditions for the sale of goods or supply of services
For more information, read Online business regulations, Run an online business and E-commerce and follow our Running an online business checklist.
Understand when to seek advice from a lawyer
Ask a lawyer for advice:
-
if this document doesn't meet your specific needs
-
if your business is based outside England, Wales and Scotland
-
Website Terms and Conditions FAQs
-
What is included in Website Terms and Conditions?
This Website Terms and Conditions template covers:
-
acceptable use of the website
-
prohibited use of the website
-
registration, passwords and security
-
linked websites
-
availability of the website
-
disclaimers and limitation of liability
-
-
Why do I need Website Terms and Conditions?
If you have a website, it's a good idea to create Website Terms and Conditions.
Website Terms and Conditions help to ensure that customers and users know how a website can and can't be used. They set out the rights and obligations of the users and limit the owner's potential liability. For more information, read Website terms of use.
-
Do these Website Terms and Conditions cover purchases made via a website?
These Website Terms and Conditions are not terms and conditions of sale. They do not set out the terms under which purchases can be made via a website.
If you will be selling anything via your website, you should create separate terms and conditions documents to cover this. For example:
-
Terms and conditions for the supply of services to consumers via a website
-
Terms and conditions for the sale of goods to consumers via a website, or
-
AI terms of service, if you provide an AI-based software product
-
-
Who do these Website Terms and Conditions apply to?
Website Terms and Conditions apply to any users or visitors of your website. This means that anyone who accesses and uses your website will be bound by (and should adhere to) your Website Terms and Conditions.
-
Do I need to provide an address in my Website Terms and Conditions?
If a business operates a website, the business’ (registered) address needs to be provided in the Website Terms and Conditions. Businesses that advertise their goods or services online must also provide the following information on their websites to comply with the Electronic Commerce (EC Directive) Regulations 2002:
-
name
-
geographical address (a PO Box address is not acceptable)
-
email
-
company registration number (if applicable)
-
registered address
-
details of any registration or authorisation schemes to which the business belongs
-
details of any professional bodies or trade organisations to which you belong
-
VAT number (if applicable)
-
-
How is my website content protected?
Website Terms and Conditions contain provisions dealing with access to and use of a website. As a website owner, you may rely on such terms to help prevent:
-
unauthorised access to your website
-
disclosures of security information by users
-
unauthorised reproduction of the material contained on the website
-
unacceptable user behaviour such as hacking, introducing viruses and uploading of illegal or defamatory content
For more information, read Website terms of use.
-
-
What are users allowed to do with the content on my website?
These Website Terms and Conditions allow website owners to choose what users can do with the content on a website.
You can allow users to use a website's content for personal, non-commercial purposes in the following ways:
-
displaying and viewing the content of the website
-
downloading and storing the content in electronic form
-
printing one copy of the content
-
uploading content to the website
For more information, read Website terms of use.
-
-
What are users not allowed to do with my website?
Users may not upload, distribute or otherwise publish content that:
-
is confidential
-
is false
-
is fraudulent
-
is defamatory
-
is threatening
-
is invasive of privacy
-
infringes intellectual property rights
-
is illegal
-
encourages a criminal offence
They also aren't allowed to make or store electronic copies of content protected by copyright without the permission of the owners. For more information, read Website terms of use.
-
-
Am I liable for the content of other websites if my website links to them?
If you allow website users to add links to other websites on your website, you can choose to limit your liability for the content of other sites that are not under your control.
-
What is a privacy policy and do I need one?
A Privacy policy or data protection policy is a statement of how you handle personal information given to you by your customers.
In the UK, the main legislation governing the collection, processing and distribution of personal data is the Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR). When you run a website, you are likely to be handling personal information, because you’ll be keeping records of your customers or website users. A website privacy policy helps build trust in your website and informs your visitors how their personal data is protected.
For more information, read Data protection.
-
What is a cookie policy and do I need one?
If you set cookies and choose to collect information from cookies, you must tell your users and explain what the cookies do and why you are collecting them. You must also get users’ consent. Consent must be actively and clearly given. Consider making a Cookie policy to communicate information about the cookies your website uses.
-
What counts as consent for cookies?
Valid consent must be freely given, specific and informed. It must involve some form of unambiguous positive action (eg ticking a box or clicking a link). You cannot show consent if you only provide information about cookies as part of a privacy policy that is hard to find, difficult to understand or rarely read. For more information, read Data privacy and cookies and the Information Commissioner’s Office’s (ICO’s) guidance on cookies.
Our quality guarantee
We guarantee our service is safe and secure, and that properly signed Rocket Lawyer documents are legally enforceable under UK laws.
Need help? No problem!
Ask a question for free or get affordable legal advice from our lawyer.