If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. When I create initial custom Terms and Conditions, it will look like the following screenshots that include an example of what it looks like on Windows Phone 8.1. Likewise, copying from a smaller or unknown website opens you up to the risk of having incomplete terms that aren’t viable in a court of law. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. This clause creates user guidelines for your website or app. Option 2: [The Site is intended for users who are at least 13 years of age.] The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). If you’re looking for GDPR terms and conditions examples, try searching the European homepages of major companies. Our full writing terms and conditions guide includes further guidance on what clauses to include and how to format terms for your site. In addition, whilst not required by law, Terms and Conditions are a good place to include any disclosures that are required by law. If you’re going to tackle writing this agreement yourself, here are our top two tips: A small blog or website will be safe using a generic terms and conditions template, but businesses need to include clauses specific to their operations. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Many websites offer a checkbox that says 'I agree' with a link to their Terms and Conditions next to it. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. Terms and conditions for apps in various app stores, Terms for ecommerce sites and online shops. We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. Example 1 I accept the Terms and Conditions. The General Data Protection Regulation (GDPR) — Europe’s strict privacy law that applies to companies worldwide with EU users — does not directly affect the terms and conditions of your website. When you create or make available any Contributions, you thereby represent and warrant that: Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. We simply provide the space to place such advertisements, and we have no other relationship with advertisers. Terms and Conditions Generator. You must not use this Website, if you have any objection to any of th… There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Read our What is GDPR guide for a plain English introduction to this law’s strict compliance requirements if you’re unsure where to start. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site]; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; (8) your use of the Site will not violate any applicable law or regulation. This is important to ensure there are no misunderstandings and to ensure your business is paid on time. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. It will definitely be your guide to know what you need to do. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Here are some examples of how to display Terms and Conditons: Many companies choose to show their Terms and Conditions in their website's footer. Here’s how Apple’s UK terms and conditions include the site’s privacy policy in order to meet the GDPR’s requirements: Even though a website terms and conditions template is not a legal requirement, it’s still extremely important to include such an agreement on your site. Quick and easy way to secure our company website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. Unsurprisingly, Apple’s terms and conditions have been very carefully crafted by its legal team. When we say including your Refund Policy within your Terms agreements, we don't necessarily mean including the full text of the Refund Policy. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. Let me show that setting in a bit more detail by showing an example. Just to illustrate the power of clear language in legal documents, it’s important to note that the recent Google GDPR fine of €50 million (~$63 million) was levied because the tech giant made vital information inaccessible to users in its agreements and was not transparent in its practices. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the [website name.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Enter your email address where you'd like to receive the new Free Terms and Conditions and click "Generate": Once generated, you can copy and paste your Free Terms and Conditions agreement on your website or app or link to your hosted Free Terms and Conditions page. Having access to examples of terms and conditions will guide you and help you to know more ideas on how you should create or write your terms and conditions. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. ], DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY. https://www.websitepolicies.com/blog/sample-terms-conditions-template For example, when you sign up to use Facebook or iTunes, instead of simply agreeing to the terms and conditions read through them. Terms and conditions are not required by law, but are extremely important to the long-term success and viability of your website. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.