Here are some terms and conditions examples from different businesses and website types to give give you a better idea of what kind of clauses your own terms and conditions agreement should include. Staples is an office supplies retailer, in addition to operating brick and mortar locations across the United States, it sells its products through its own online store.
Here are some examples of clauses included in those terms. It includes a copyright clause that reminds website visitors of their copyright and trademark ownership over certain elements as well as brings to their attention that the website itself as well as its materials such as images, illustrations, posts, audio clips, taw, and video clips are property of the company and thus protected by intellectual property laws.
Because Staples sells products both on their website and in-store, it includes a product and information clause that states that product availability and price may vary based on location. Moreover, it states that while the company attempts to display its products on the website in an accurate manner, it cannot be responsible for any discrepancies in size, shape, and color as customers are viewing the website on their own computers.
Similarly, it includes a clause that allows them to rectify any typographical errors, inaccuracies, or omissions - including regarding price - even after an order has been placed. Staples links to third-party websites which the company does not control - users are warned that, by clicking those links, they are accessing those websites at their own risk. Furthermore, Staples mentions that, by providing a link, it does not endorse or accept responsibility for the content or use of that website.
Note the existence of specific terms and conditions for its rewards, membership, and mobile programs as well as for the technology services that it offers.
Shopify is one of the most popular eCommerce platforms on the Internet - powering millions of online stores located all over the globe. The platform is accessible through a web browser on which business owners can manage their online store. In order to have access to the service, users must pay a monthly plan subscription fee along with transaction fees. Kudos should be given to Shopify for the readability of its terms of service - clauses are summarized in layman terms next to the legalese, which makes it easy to find the information that you are looking for by quickly scrolling through the document.
Note however that Shopify does state in the preamble that those summaries are not legally binding. Shopify includes a clause that specifies that the company is not to be held liable for any damages resulting from the use of or inability to use the service - keep in mind that Shopify powers an incredible number of online stores that could directly suffer a loss of profits if the platform was down. This is important for potential users to know before they choose to use Shopify as their eCommerce platform.
As mentioned earlier, users must select a monthly plan in order to be able to use Shopify to sell online. Here are some excerpts:. In the event of any conflict between these Warehouse Receipt Terms and Conditions as printed herein and the electronically published Warehouse Receipt Terms and Conditions, the electronically published version shall control.
It is expressly understood that this Warehouse Receipt does not cover or apply to any rights , obligations , terms or conditions of the freight forwarding , customs brokerage or other services that Company has provided or may provide to the Customer ; and that those separate services shall be governed by their respective Terms and Conditions which are provided separately and are posted on the above referenced website.
In tendering a Shipment to eShipping or otherwise engaging the services of eShipping in any other fashion, Customer agrees that the version of the Terms and Conditions in effect at the time the shipment is tendered to eShipping will apply to the Shipment, its transportation and the Auxiliary Services , which no agent or employee of the Parties may alter.
To the extent the Terms and Conditions conflict with a Bill of Lading or other shipping document , the Terms and Conditions shall control.
If the services provided are for international air , international ocean , warehousing , or customs brokerage , then the separate terms and conditions for each respective service shall govern and control.
Terms and conditions also explain the rules the website administrator will abide by. To comply with international privacy laws and avoid being fined, your site needs a privacy policy. It must be a separate document, but you can include a link in this section of your terms and conditions. Writing terms and conditions can be difficult — the final agreement must be legally sound, but also easy for users to understand.
A small blog or website can use a generic terms and conditions template, but businesses need to include clauses specific to their operations. Writing in simple language , instead of complicated legalese, makes life easier for your visitors and strengthens your defense if legal action is taken against you. There are two common and effective ways to present your terms and conditions where they can be easily found by users:.
Agreements tend to vary from site to site — what works for Facebook would not be suitable for Uber or PayPal. The latter is a good general terms and conditions example that other businesses can learn from.
To make them easier to navigate, the company includes a clickable table of contents — a practical terms and conditions format to follow. As the company collects substantial personal data, there is special consideration for passwords and security:. The company also waives responsibility for screening user-submitted content in comments and forums, while establishing its right to use and license any such material as it sees fit.
If your site allows users to post content that is accessible to the public, you may wish to include a similar section in your terms.
Apple also conspicuously designates the governing law that will be used to arbitrate all disputes. The company decided to use the laws of the State of California to dictate arbitration, which is where Apple is located. For example, they specify different locations for governing law depending on which website is being used.
They also provide different contact information for consumers. It may sound dramatic, but having one could mean the difference between the long-term success of your operation and financial ruin due to avoidable litigation.
To protect your business, simply download our free terms and conditions template and tailor it to suit your specific needs by referencing our writing terms and conditions guide. Expand the component below to view our standard terms and conditions template in its entirety, or click the button to download the sample in Microsoft Word and PDF file formats.
Terms and conditions, terms of use, and terms of service usually refer to the same legal agreement. If you use our terms and conditions template or our terms and conditions generator, you will be able to select the name you prefer for your legal document. What is a legally binding agreement? Legally binding agreements are contracts between two parties that outline specific rules or restrictions.
A legally binding agreement can be used in official legal proceedings.
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