This document is designed for use with a counterpart set of terms of sale, available here. This template applies to the use of your website itself, leaving the terms governing the sale of digital content to a separate document.
Please Note: This template, together with the counterpart terms of sale, replaces the previous TR.WEB.TC.06a and TR.WEB.TC.07a templates, formerly known as ‘Information Provider’ terms and conditions. Now referring to ‘digital content’, these terms remain applicable to websites providing information but can now also be applied to a broad range of other digital content.
Intellectual property rights are protected by these website terms and conditions, not least copyright. Unlike many such provisions, however, those included in this template are relatively generous to users. Primarily, this has been done to assist in realistic enforceability. While not allowing complete free rein, therefore, the provisions protecting copyright and other IP do take an accommodating approach to modern internet use habits. Rather than attempting to prevent users from copying material through draconian clauses in your terms and conditions, it may instead be preferable to use technical measures, such as coding preventing right-clicks to save images or scripts designed to interfere with printscreen functions.
Website linking is another area benefitting from more open, pragmatic terms. Many terms and conditions prohibit so-called “deep-linking” (linking to specific pages on a site, rather than its homepage). Others may allow users to only link from sites the content of which is under their full control. Deep linking may or may not be permitted in this document by selecting the appropriate option. Prohibiting users from linking from sites they do not control is not covered, not least given the value to website operators of having links to their sites spread around social media. Instead, users are restricted from linking from sites that mainly comprise unsavoury or unlawful material.
Disclaimers and liability provisions in this template seek to protect website operators to the maximum extent deemed reasonable. It is important to ensure that such provisions are not made excessively tough – particularly when dealing with consumer users – or they run the risk of being considered legally unfair. Moreover, in this context, it is important to note that such provisions relate only to the use of the website itself, not to the sale of digital content.
Further key clauses address internet security, data protection, privacy and cookies (integrating separate policies into the terms and conditions by reference), acceptable use of the website, and opting in and out of marketing communications.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This document is duplicated in the Website Terms & Conditions Group.
2. Information About Us
3. Access to Our Site
5. Intellectual Property
6. User Content
7. Links to Our Site
8. Links to Other Sites
10. Our Liability
11. Viruses, Malware and Security
12. Acceptable Usage Policy
13. Privacy and Cookies
15. Contacting Us
16. Communications from Us
17. Data Protection
18. Law and Jurisdiction
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