Conducting business online may sometimes take you into new areas of legality you hadn’t considered. For example, you may have wondered whether you are required to have a ‘terms and conditions page’ on your Avada website. Additionally, it might not be clear whether including these are even beneficial.
Outlining your terms and conditions is essential, regardless of the kind of transactions you’re engaging in online. However, there’s a lot to understand about the topic. Consequently, there are some helpful tools available that can assist in creating the language you need.
In this article, we’ll take a more in-depth look at what is required when it comes to these documents. We’ll also discuss whether they constitute a legally binding agreement, and offer two ways you can create one for your Avada website. Let’s get started!
What You Should Know About Creating a Terms and Conditions Page for Your Website
Including a terms and conditions page on your Avada website is in your best interest in almost all cases, and might even be a requirement for certain states. A vast array of business activities legally require disclosures specific to the type of transaction or process occurring, age of the user-base, and more. Additionally, there does seem to be a growing trend of courts upholding the terms outlined in these documents when they and the businesses they represent or protect are challenged legally. Consequently, it’s crucial to understand what Terms and Conditions should contain, how this applies to your business, and, if needed, how you can implement them.
Terms and conditions are primarily a legally binding agreement between a business or service provider and its customers. Terms let businesses set their rules of use and in so doing, provide protection for businesses when they are correctly implemented. It is worth noting here, however, that you cannot use Terms as a means of forcing your user into any agreement that violates their rights under the law.
When a Terms and Conditions Page Might Be Necessary
Knowing when you need Terms and Conditions on your Avada website is only half the battle. For example, you’ll likely need this explanatory document when you’re providing a product, service, or content that could potentially cause harm if misused. Over and above Avada’s GDPR and Privacy Tools, a terms and conditions page allows you to outline any necessary disclaimers and establish liability if any loss occurs. Additionally, if you let your users upload content, you should probably outline the expectations for the user as well as clearly stating what the usage rights will be. This is where vital copyright information can be clearly described and clarified.
Other everyday situations to consider might be when your Avada website implements different user access roles. For example, if you have registered and non-registered users, there are several items to cover, including any age-based restrictions. In fact, terms will be beneficial anytime you want to make the rules for user behavior crystal clear.
Now we’ve looked at some situations for which terms are advantageous; let’s look at some instances where Terms may be required to display mandatory legal disclosures. Many of these particular cases are centered around situations involving financial transactions (e.g., e-commerce) or involving minors.
The American Bar Association offers information about several elements to keep in mind when creating a terms and conditions page for those types of situations, including:
- Warranties: The quintessential fine print, outlining any warranty details, is something that could be mandatory for you to include or make available to your customers depending on their location. And, due to GDPR (especially if based in the EU) or your type of business (such as when selling physical products on your site).
Return policies: Buying products online always comes with a certain level of uncertainty, and customers will typically want to understand what the process for returns is. The transparent display of the before-mentioned information will be in line with requirements by consumer protection laws.
Age restrictions: Under most countries’ laws, minors are a protected category of users, and special rules may apply. It’s often critical that you include information related to age restrictions, mainly when offering a product or service which may attract children (such as video games).
Next, let’s move onto why terms and conditions are essential. We’ve alluded to this already, but let’s dig into what makes this necessary.
Why Terms and Conditions Are Important
As we mentioned, this document sets up the parameters of the relationship between you and your customers or website users. In that regard, it might still be somewhat confusing to determine if there are any legal ramifications for the document you create.
The American Bar Association advises that terms and conditions content must detailed clearly, and you should avoid technical jargon if possible. Additionally, there are some ways to make these documents more enforceable should legal action be necessary.
Opt-in techniques are the best approach as it requires the user to take affirmative action. They can include elements such as clicking on a checkbox or a button. Still, it’s important to ensure that the terms and conditions are immediately accessible near the opt-in point (often achieved by using a link).
The technique of using clickwrap buttons to facilitate user agreement to your website’s terms and conditions is often the most recommended. To create a more enforceable situation, you’ll need to make sure users have an adequate opportunity to review your document and agree to the terms. Whether or not they read the document may not matter, but the availability of it does.
Two Ways You Can Create a Terms and Conditions Page for Your Website
There are a couple of ways you can go about creating the content you need for your terms and conditions page. Time and resources will play a part in your strategy. Still, it’s essential to keep in mind that professional legal counsel is always the ideal approach.
1. Contract a Lawyer
There’s nothing that can substitute for consulting with a legal professional in certain situations. Large corporate terms and conditions or websites that handle a high volume of financial transactions will want to consider the benefits of consulting with a lawyer to draft their documents.
Also, you can draft your terms of conditions before meeting with a lawyer and consult to ensure you have your bases covered. One of the downsides of using legal counsel for the entire process is you’ll likely have to pay for any amendments you need to make as your business or website changes and grows.
2. Use a Terms and Conditions Generator
If accessing legal counsel in your area is not feasible, you can make use of one of the best alternatives. Iubenda’s terms and conditions generator is a great alternative for affordably creating professional and dynamic documents. Their generator uses a modular approach, based on legal text and a guided set-up. This lets most types of businesses mix, match, and customize to craft the most appropriate document for your use case fully.
What really stands out with their approach is that all legal text is written by actual lawyers and hosted on iubenda’s servers, which allows them to auto-update if laws change and make sure your documents are never out of date. This approach also lets you edit your document at any time from within your account at no additional cost. This is critical as it enables you to modify your terms as your business grows and needs change.
Creating a terms and conditions page for your website is one aspect of your business checklist you shouldn’t overlook. Consequently, it’s in the best interest of both your users and your business to limit your liability by outlining the rules governing the use of your site and providing clarity on what your business or service plans to deliver to your website visitors, all in one document.
To get started with your websites terms and conditions page, keep these two methods in mind:
- Contract a lawyer.
- Use a generator like Iubenda.
Do you have any questions about creating a terms and conditions page for your WordPress website? Let us know in the comments section below!