Legal

Free anti-spam policy: cover

1. This template legal document was produced and published by SEQ Legal LLP.

2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions. Those licensing provisions include an obligation to retain the SEQ Legal credit incorporated into the template.

3. The current version of our terms and conditions is available at: http://www.seqlegal.com/our-terms-and-conditions.

4. If you would like to use this template without the SEQ Legal credit, you can purchase a licence to do so at: http://www.website-contracts.co.uk/seqlegal-licences.html

5. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

Anti-spam policy

1. Introduction

1.1 In the context of electronic messaging, “spam” means [unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose].

1.2 We have a zero-tolerance spam policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

3. Spam filtering

3.1 Our messaging systems automatically scan all incoming [email and other] messages and filter out messages that appear to be spam.

3.2 We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.

4. Spam filtering issues

4.1 No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.

4.2 If you believe that a legitimate message you have sent has been filtered out by our systems, please advise the message recipient by another means.

4.3 You can reduce the risk of a message being caught by the spam filters by:

(a) sending the message in plain text (instead of, or in addition to, HTML);

(b) removing any message attachments;

(c) avoiding the terminology and text styling typically used by spammers; and/or

(d) ensuring that your messages are scanned for malware before dispatch.

5. User spam

5.1 We provide a facility that enables users to send [email messages] OR [private messages] OR [[message type(s)]] to others.

5.2 Users must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.

5.3 Full provisions concerning the use of our messaging facility are set out in [our website terms and conditions of use].

6. Receipt of unwanted messages from us

6.1 In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the details below and the matter will be investigated.

7. Variation

7.1 We may amend this policy at any time by publishing a new version on our website.

8. Our details

8.1 This website is owned and operated by GrabBarHandyman.com.

8.2 Our principal place of business is at 805 Green Pine DrRaleigh,NC 27606.

8.3 You can contact us:

(a) [by post, using the postal address [given above]];

(b) [using our website contact form];

(c) [by telephone, on [the contact number published on our website from time to time]]; or

(d) [by email, using [the email address published on our website from time to time]].

[additional list items]

Free anti-spam policy: drafting notes

In this document, a website or service operator may set out its policies in relation to unwanted commercial communications, commonly known as spam. Whilst spam filters, whitelists / blacklists and other technical measures are the most important anti-spam tools, a formal anti-spam policy can also help, demonstrating that the operator takes spam issues seriously. This policy document opens with a defamation of spam, and an assertion that the operator does not tolerate spam. It covers the operator’s own spam filtering and reporting systems, the improper use of messaging facilities by users, and the sending of commercial messages by the operator.

Section 1: Introduction

Section 1.1

  • What is “spam” for the purposes of this document?

Section 2: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 3: Spam filtering

Optional element.

Section 3.1

  • What types of messages are automatically scanned and filtered for spam?

Section 4: Spam filtering issues

Optional element.

Section 5: User spam

Optional element.

Section 5.1

  • What types of messaging services are available to users, but potentially vulnerable to misuse by spammers? Email messages, private messages, or some other kind of message?
  • Specify here the type or types of message that may be vulnerable to spammers.

Section 5.3

  • Which document governs the use of the messaging facility generally?

Section 6: Receipt of unwanted messages from us

Optional element.

Section 6.1

You should consider setting up an “abuse@” email address for spam reporting.

Section 7: Variation

Optional element.

Section 8: Our details

Optional element.

Section 8.1

  • What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 8.2

Optional element.

  • Where is the relevant person’s head office or principal place of business?

Section 8.3

Optional element.

  • By what means may the relevant person be contacted?
  • Where is the relevant person’s postal address published?
  • Either specify a telephone number or give details of where the relevant number may be found.
  • Either specify an email address or give details of where the relevant email address may be found.

 

Free cookies policy: cover

1. This template legal document was produced and published by SEQ Legal LLP.

2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions. Those licensing provisions include an obligation to retain the SEQ Legal credit incorporated into the template.

3. The current version of our terms and conditions is available at: http://www.seqlegal.com/our-terms-and-conditions.

4. If you would like to use this template without the SEQ Legal credit, you can purchase a licence to do so at: http://www.website-contracts.co.uk/seqlegal-licences.html

5. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

Cookies policy

1. Introduction

1.1 Our website uses cookies.

1.2 [We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.] OR [By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.]

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

3. About cookies

3.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

3.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

3.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

3.4 Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

4. Our cookies

4.1 We use [only session cookies] OR [only persistent cookies] OR [both session and persistent cookies] on our website.

4.2 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a) we use [cookie name] to [recognise a computer when a user visits our website] OR [track users as they navigate the website] OR [enable the use of a shopping cart on the website] OR [improve the website’s usability] OR [administer the website] OR [prevent fraud and improve the security of the website] OR [personalise the website for each user] OR [target advertisements which may be of particular interest to specific users] OR [validate authenticated users sessions] OR [facilitate the use of our website search engine] OR [[specify purpose]].

[additional list items]

5. Analytics cookies

5.1 We use [Google Analytics] to analyse the use of our website.

5.2 Our analytics service provider generates statistical and other information about website use by means of cookies.

5.3 The analytics cookies used by our website have the following names: [_ga, _gat, __utma, __utmt, __utmb, __utmc, __utmz and __utmv].

5.4 The information generated relating to our website is used to create reports about the use of our website.

5.5 Our analytics service provider’s privacy policy is available at: [http://www.google.com/policies/privacy/].

6. Third party cookies

6.1 Our website also uses third party cookies.

6.2 [We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using the DoubleClick cookie.] OR [We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using the DoubleClick cookie. This behaviour tracking allows Google to tailor the advertisements you see on other websites to reflect your interests (we do not publish interest-based advertisements on this website).] You can view, delete or add interest categories associated with your browser by visiting: http://www.google.com/settings/ads/. You can also opt out of the AdSense partner network cookie using those settings or using the NAI’s (Network Advertising Initiative’s) multi-cookie opt-out mechanism at: http://www.networkadvertising.org/choices/. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-in available at: https://www.google.com/settings/ads/plugin.

6.3 Details of the[ other] third party cookies used by our website are set out below:

(a) [third party cookie details].

[additional list items]

7. Blocking cookies

7.1 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;

(b) in Firefox (version 47) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and

(c) in Chrome (version 52), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.

7.2 Blocking all cookies will have a negative impact upon the usability of many websites.

7.3 If you block cookies, you will not be able to use all the features on our website.

8. Deleting cookies

8.1 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b) in Firefox (version 47), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history” from the drop-down menu, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and

(c) in Chrome (version 52), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Cookies and other site and plug-in data” before clicking “Clear browsing data”.

8.2 Deleting cookies will have a negative impact on the usability of many websites.

9. Cookie preferences

9.1 You can manage your preferences relating to the use of cookies on our website by visiting: [URL]

10. Our details

10.1 This website is owned and operated by [name].

10.2 We are registered in [England and Wales] under registration number [number], and our registered office is at [address].

10.3 Our principal place of business is at [address].

10.4 You can contact us:

(a) [by post, using the postal address [given above]];

(b) [using our website contact form];

(c) [by telephone, on [the contact number published on our website from time to time]]; or

(d) [by email, using [the email address published on our website from time to time]].

[additional list items]

Free cookies policy: drafting notes

UK and EU law requires that, where a website uses cookies or equivalent technologies, the website operator must make certain disclosures in relation to the use of the cookies. This policy template has been designed to help website operators comply with this disclosure obligation. Website operators may be required, in addition, to seek users’ consent to the use of cookies. UK law on this subject is contained in Regulation 6 of The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.

Section 1: Introduction

Section 1.2

The inclusion of this statement in your privacy policy will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner’s website (http://www.ico.gov.uk).

  • How will you gain users’ consent to the use of cookies?

Section 2: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 3: About cookies

Section 3.2

Optional element.

Section 3.3

Optional element.

Section 3.4

Optional element.

Section 4: Our cookies

Section 4.1

  • What types of cookies will be used on the website?

Section 4.2

  • Details of cookie used on the website should be provided here.
  • Identify the cookie by name.

Section 5: Analytics cookies

Are cookies used to generate analytics data for the website?

The drafting in this provision assumes that Google Analytics is being used, but can easily be adapted for other cookie-based analytics systems.

Section 5.1

  • Will you use Google Analytics?

Section 5.3

  • What are the names of the analytics cookies used on the website?

Section 5.5

  • At what web address can users view a copy of your analytics service provider’s privacy policy?

Section 6: Third party cookies

Does the website serve any third party cookies to users?

Section 6.2

Optional element. Will Google AdSense advertisements be published on the website?

This provision should be included if you publish Google AdSense interest-based advertisements on your website. Additional disclosures will be required if you have not opted out of third-party ad serving. If the website sets any other cookies to users’ machines that track behaviour, information about those cookies will also need to be disclosed.

  • Will Google AdSense interest-based advertisements be published on the website (that is, advertisements tailored to a user’s particular interests as Google perceives them)?

Section 6.3

Optional element.

  • In respect of each such third party cookie, specify the name of the cookie and give details of the purposes for which it will be used.

Section 7: Blocking cookies

Section 7.3

Optional element. Will the blocking of cookies have a negative effect upon the use of the website from a user perspective?

Section 9: Cookie preferences

Are there any cookie preference management facilities available to users on the website?

Section 9.1

  • Identify the web page users should visit to manage their cookie preferences.

Section 10: Our details

Optional element.

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document). Sole traders and partnerships that carry on a business in the UK under a “business name” (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (i) in the case of a sole trader, the individual’s name; (ii) in the case of a partnership, the name of each member of the partnership; and (iii) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective. All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a PO Box number) and an email address. All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Section 10.1

  • What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 10.2

Optional element. Is the relevant person a company?

  • In what jurisdiction is the company registered?
  • What is the company’s registration number or equivalent?
  • Where is the company’s registered address?

Section 10.3

Optional element.

  • Where is the relevant person’s head office or principal place of business?

Section 10.4

Optional element.

  • By what means may the relevant person be contacted?
  • Where is the relevant person’s postal address published?
  • Either specify a telephone number or give details of where the relevant number may be found.
  • Either specify an email address or give details of where the relevant email address may be found.

 

 

Free copyright notice: cover

1. This template legal document was produced and published by SEQ Legal LLP.

2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions. Those licensing provisions include an obligation to retain the SEQ Legal credit incorporated into the template.

3. The current version of our terms and conditions is available at: http://www.seqlegal.com/our-terms-and-conditions.

4. If you would like to use this template without the SEQ Legal credit, you can purchase a licence to do so at: http://www.website-contracts.co.uk/seqlegal-licences.html

5. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

Copyright notice

1. Credit

1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

2. Copyright notice

2.1 Copyright (c) [year(s) of first publication] [full name].

2.2 Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Copyright licence

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) [stream audio and video files from our website]; and

(e) [use [our website services] by means of a web browser],

subject to the other provisions of this notice.

3.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

3.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

5. Report abuse

5.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

5.2 You can let us know about any such material or activity [by email or using our abuse reporting form].

6. Enforcement of copyright

6.1 We take the protection of our copyright very seriously.

6.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

7. Permissions

7.1 You may request permission to use the copyright materials on our website by [writing to us by email or post, using the contact details published on the website].

Free copyright notice: drafting notes

This is a copyright notice (or copyright statement) template, designed for use on a website. Copyright is one of the cornerstone intellectual property rights. Although websites as such do not attract copyright protection, they are made up of works that do (literary works, graphical works and so on). Using this template, the website operator may assert ownership of copyright in the website, and set out the basis upon which others may use the website. In addition, the notice incorporates special provisions relating to copyright infringement and copyright-related notifications. The template may be used on its own, or it may form part of a website’s terms and conditions of use.

Section 1: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 2: Copyright notice

Section 2.1

  • What was the year of first publication of the relevant copyright material (or the range of years)?
  • Who is the principal owner of copyright in the website?

Section 3: Copyright licence

Optional element.

The scope of the licence to use will vary with each site. Consider carefully exactly what your users should be allowed to do with your website and material on your website.

Section 3.1

  • Will audio and/or video files be published on the website?
  • Will the website make available any dynamic services to users?
  • Describe the website services in question.

Section 3.2

Optional element.

Section 3.3

Optional element.

  • For what purposes may the website be used?

Section 3.4

Optional element.

Section 3.5

Optional element.

Section 4: Acceptable use

Optional element.

Section 5: Report abuse

Will there be a special procedure (which could be as simple as a designated email address) for reporting abusive conduct or materials on the website?

Websites that allow the publication of user generated content should incorporate an abuse reporting procedure. The existence of such a procedure may help the website operator to take advantage of certain defences that may be available in respect of such user generated content. For instance, the website operator defence set out in Section 5 of the Defamation Act 2013 and elaborated in the Defamation (Operators of Websites) Regulations 2013 will only be available where the operator has responded to a notice of complaint sent by the complainant, a process which may be made simpler by the use of a dedicated communications channel. The guidance notes accompanying the legislation have this to say on the subject: “The Government encourages operators to set up and publicise a designated email address for this purpose as a matter of good practice, which we encourage complainants to use. Operators may also wish to provide an online form that complainants can use to submit a Notice of Complaint”.

Section 5.2

Optional element.

  • How can users report unlawful and unwanted materials and activities on the website?

Section 6: Enforcement of copyright

Optional element.

Section 7: Permissions

Optional element.

Section 7.1

  • How should a person go about requesting permission to use copyright materials that are published on the website?

 

 

Free legal information disclaimer: cover

1. This template legal document was produced and published by SEQ Legal LLP.

2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions. Those licensing provisions include an obligation to retain the SEQ Legal credit incorporated into the template.

3. The current version of our terms and conditions is available at: http://www.seqlegal.com/our-terms-and-conditions.

4. If you would like to use this template without the SEQ Legal credit, you can purchase a licence to do so at: http://www.website-contracts.co.uk/seqlegal-licences.html

5. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

Legal information disclaimer

1. Credit

1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

2. No advice

2.1 Our website contains general legal information.

2.2 The legal information is not advice and should not be treated as such.

3. No warranties

3.1 The legal information on our website is provided without any representations or warranties, express or implied.

3.2 Without limiting the scope of Section 3.1, we do not warrant or represent that the legal information on this website:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

4. No lawyer-client relationship

4.1 No lawyer-client, solicitor-client or attorney-client relationship shall be created through the use of our website.

5. Interactive features

5.1 Our website includes interactive features that allow users to communicate with us.

5.2 You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

5.3 Any assistance you may receive using any our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

6. Professional legal assistance and advice

6.1 You must not rely on the legal information on our website as an alternative to legal advice from your lawyer or other professional legal services provider.

6.2 If you have any specific questions about any legal matter, you should consult your lawyer or other professional legal services provider.

6.3 You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on our website.

7. Limits upon exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

Free legal information disclaimer: drafting notes

This is a free version of our legal information disclaimer template. The only difference is the inclusion of an SEQ Legal credit. This disclaimer has been created for websites that publish legal information – eg the websites of lawyers or other legal services organisations. Issues covered include: (i) the distinction between legal information and advice; (ii) the question of when to obtain professional assistance; and (iii) warranty exclusions relating to information. As with all limitations and exclusions of liability, the enforceability of the document may be open to question.

Section 1: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 5: Interactive features

Does the website include any interactive features through which information or assistance may be provided to users?

Section 7: Limits upon exclusions of liability

Section 7.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Free linking policy: cover

1. This template legal document was produced and published by SEQ Legal LLP.

2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions. Those licensing provisions include an obligation to retain the SEQ Legal credit incorporated into the template.

3. The current version of our terms and conditions is available at: http://www.seqlegal.com/our-terms-and-conditions.

4. If you would like to use this template without the SEQ Legal credit, you can purchase a licence to do so at: http://www.website-contracts.co.uk/seqlegal-licences.html

5. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

Linking policy

1. Introduction

1.1 We welcome links to our website made in accordance with the terms of this policy.

1.2 [This policy is intended to assist you when linking to our website.] OR [By using our website you agree to be bound by the provisions of this policy.]

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

3. Links to our website

3.1 Links pointing to our website should not be misleading.

3.2 Appropriate link text should always be used in links pointing to our website.

3.3 From time to time we may update the URL structure of our website and, unless we agree in writing otherwise, all links should point to [URL(s)].

3.4 You must not use our logo to link to our website (or otherwise) without our express written permission.

3.5 You must not link to our website using any inline linking technique.

3.6 You must not frame the content of our website or use any similar technology in relation to the content of the website.

4. Links from our website

4.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

4.2 We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

5. Removal of links

5.1 You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.

5.2 If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below. Unless you have a legal right to demand removal, such removal will be at our discretion.

6. Variation

6.1 We may amend this policy at any time by publishing a new version on our website.

7. Our details

7.1 This website is owned and operated by [name].

7.2 Our principal place of business is at [address].

7.3 You can contact us:

(a) [by post, using the postal address [given above]];

(b) [using our website contact form];

(c) [by telephone, on [the contact number published on our website from time to time]]; or

(d) [by email, using [the email address published on our website from time to time]].

[additional list items]

Free linking policy: drafting notes

This is a free version of our regular linking policy. It has been created for website operators who want to set out, in detail, their policies relating to hyperlinking. The default provisions state a website’s policies in relation to both links form the website and incoming links. This type of legal notice is relatively unusual, but may nonetheless be useful in respect of some types of website. NB There is some cross-over between the content of this document, and the treatment of user-provided content in many of our T&Cs of use for websites.

Section 1: Introduction

Section 1.2

  • Is this document intended to be binding, or does it merely offer guidance related to linking?

Section 2: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 3: Links to our website

Section 3.2

Optional element.

Section 3.3

Optional element. Will linking website operators be asked to link to a particular URL or URLs?

  • Identify the relevant URL or URLs.

Section 3.4

Optional element.

Section 3.5

Optional element.

Section 3.6

Optional element.

Section 4: Links from our website

Optional element.

Section 5: Removal of links

Optional element.

Section 6: Variation

Optional element.

Section 7: Our details

Optional element.

Section 7.1

  • What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 7.2

Optional element.

  • Where is the relevant person’s head office or principal place of business?

Section 7.3

Optional element.

  • By what means may the relevant person be contacted?
  • Where is the relevant person’s postal address published?
  • Either specify a telephone number or give details of where the relevant number may be found.
  • Either specify an email address or give details of where the relevant email address may be found.

 

 

Free medical information disclaimer: cover

1. This template legal document was produced and published by SEQ Legal LLP.

2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions. Those licensing provisions include an obligation to retain the SEQ Legal credit incorporated into the template.

3. The current version of our terms and conditions is available at: http://www.seqlegal.com/our-terms-and-conditions.

4. If you would like to use this template without the SEQ Legal credit, you can purchase a licence to do so at: http://www.website-contracts.co.uk/seqlegal-licences.html

5. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

Medical information disclaimer

1. Credit

1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

2. No advice

2.1 Our website contains general medical information.

2.2 The medical information is not advice and should not be treated as such.

3. No warranties

3.1 The medical information on our website is provided without any representations or warranties, express or implied.

3.2 Without limiting the scope of Section 3.1, we do not warrant or represent that the medical information on this website:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

4. Medical assistance

4.1 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

4.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

4.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.

4.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.

5. Interactive features

5.1 Our website includes interactive features that allow users to communicate with us.

5.2 You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

5.3 Any assistance you may receive using any our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

6. Limits upon exclusions of liability

6.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

Free medical information disclaimer: drafting notes

This is a medical disclaimer document, designed for use on a website publishing medical information, for the purpose of disclaiming liability – or rather attempting to disclaim liability – in relation to that information. Such medical information may relate to disease, injury, drugs and other treatments, medical devices and/or health products. The document asserts that the medical informaiton does not amount to advice, and if advice is needed an appropriate professional help should be sought. The document also asserts that no warranties or representations are given in respect of the medical information, and that the website operator should not be held liable if a user suffers any injury or loss after relying upon the medical information. The disclaimer may be used independently or as part of a more general legal/contractual document. NB the courts have many tools they can use to render disclaimers ineffective, and you should not rely upon any template disclaimer of liability without first taking professional advice (and usually not even then).

Section 1: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 5: Interactive features

Does the website include any interactive features through which information or assistance may be provided to users?

Section 6: Limits upon exclusions of liability

Section 6.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Free privacy policy: cover

1. This template legal document was produced and published by SEQ Legal LLP.

2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions. Those licensing provisions include an obligation to retain the SEQ Legal credit incorporated into the template.

3. The current version of our terms and conditions is available at: http://www.seqlegal.com/our-terms-and-conditions.

4. If you would like to use this template without the SEQ Legal credit, you can purchase a licence to do so at: http://www.website-contracts.co.uk/seqlegal-licences.html

5. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

Privacy policy

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.

1.2 [We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.] OR [By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.]

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

3. Collecting personal information

3.1 We may collect, store and use the following kinds of personal information:

(a) [information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths])];

(b) [information that you provide to us when registering with our website (including [your email address])];

(c) [information that you provide when completing your profile on our website (including [your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details])];

(d) [information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including [your name and email address])];

(e) [information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including [the timing, frequency and pattern of service use])];

(f) [information relating to any purchases you make of our [goods] OR [services] OR [goods and/or services] or any other transactions that you enter into through our website (including [your name, address, telephone number, email address and card details])];

(g) [information that you post to our website for publication on the internet (including [your user name, your profile pictures and the content of your posts])];

(h) [information contained in or relating to any communication that you send to us or send through our website (including [the communication content and metadata associated with the communication])]; and

(i) [any other personal information that you choose to send to us].

[additional list items]

3.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

4. Using personal information

4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

4.2 We may use your personal information to:

(a) [administer our website and business];

(b) [personalise our website for you];

(c) [enable your use of the services available on our website];

(d) [send you goods purchased through our website];

(e) [supply to you services purchased through our website];

(f) [send statements, invoices and payment reminders to you, and collect payments from you];

(g) [send you non-marketing commercial communications];

(h) [send you email notifications that you have specifically requested];

(i) [send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter)];

(j) [send you marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)];

(k) [provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information)];

(l) [deal with enquiries and complaints made by or about you relating to our website];

(m) [keep our website secure and prevent fraud]; and

(n) [verify compliance with the terms and conditions governing the use of our website [(including monitoring private messages sent through our website private messaging service)]].

[additional list items]

4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.

4.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.

4.6 All our website financial transactions are handled through our payment services provider, [PSP name]. You can review the provider’s privacy policy at [URL]. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

5. Disclosing personal information

5.1 We may disclose your personal information to [any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes set out in this policy.

5.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

5.3 We may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) [to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling]; and

(e) [to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information].

5.4 Except as provided in this policy, we will not provide your personal information to third parties.

6. International data transfers

6.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

6.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: [the United States of America, Russia, Japan, China and India].

6.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

6.4 You expressly agree to the transfers of personal information described in this Section 6.

7. Retaining personal information

7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3 Without prejudice to Section 7.2, we will usually delete personal data falling within the categories set out below at the date/time set out below:

(a) [personal data type] will be deleted [date/time].

[additional list items]

7.4 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

8. Security of personal information

8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

8.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

8.3 All electronic financial transactions entered into through our website will be protected by encryption technology.

8.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

9. Amendments

9.1 We may update this policy from time to time by publishing a new version on our website.

9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

9.3 We may notify you of changes to this policy [by email or through the private messaging system on our website].

10. Your rights

10.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a) the payment of a fee (currently fixed at GBP 10); and

(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].

10.2 We may withhold personal information that you request to the extent permitted by law.

10.3 You may instruct us at any time not to process your personal information for marketing purposes.

10.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

11. Third party websites

11.1 Our website includes hyperlinks to, and details of, third party websites.

11.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12. Updating information

12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

13. Cookies

13.1 Our website uses cookies.

13.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.3 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.5 We use [only session cookies] OR [only persistent cookies] OR [both session and persistent cookies] on our website.

13.6 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a) we use [cookie name] to [recognise a computer when a user visits our website] OR [track users as they navigate the website] OR [enable the use of a shopping cart on the website] OR [improve the website’s usability] OR [administer the website] OR [prevent fraud and improve the security of the website] OR [personalise the website for each user] OR [target advertisements which may be of particular interest to specific users] OR [validate authenticated users sessions] OR [facilitate the use of our website search engine] OR [[specify purpose]].

[additional list items]

13.7 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;

(b) in Firefox (version 47) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and

(c) in Chrome (version 52), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.

13.8 Blocking all cookies will have a negative impact upon the usability of many websites.

13.9 If you block cookies, you will not be able to use all the features on our website.

13.10 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b) in Firefox (version 47), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history” from the drop-down menu, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and

(c) in Chrome (version 52), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Cookies and other site and plug-in data” before clicking “Clear browsing data”.

13.11 Deleting cookies will have a negative impact on the usability of many websites.

14. Data protection registration

14.1 We are registered as a data controller with the UK Information Commissioner’s Office.

14.2 Our data protection registration number is [number].

15. Our details

15.1 This website is owned and operated by [name].

15.2 We are registered in [England and Wales] under registration number [number], and our registered office is at [address].

15.3 Our principal place of business is at [address].

15.4 You can contact us:

(a) [by post, using the postal address [given above]];

(b) [using our website contact form];

(c) [by telephone, on [the contact number published on our website from time to time]]; or

(d) [by email, using [the email address published on our website from time to time]].

[additional list items]

Free privacy policy: drafting notes

A standard website privacy policy, which will help you to comply with UK data protection legislation. This policy covers the following matters (amongst others): the collection of personal information; the use of that personal information; disclosures of that personal information to third parties; the security of that personal information; and the use of cookies on the website. This document might not be suitable for you if the ways in which you use personal information are complex or unusual.

Section 1: Introduction

Section 1.1

“Personal information”: for day-to-day purposes, it is best to assume that all information which relates to a living individual constitutes personal information.

Section 1.2

Optional element.

The inclusion of this statement in your privacy policy will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner’s website (http://www.ico.gov.uk).

  • How will you gain users’ consent to the use of cookies?

Section 2: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 3: Collecting personal information

Section 3.1

  • What types of personal information will or might the website operator collect?
  • What analytics data will you collect?
  • What information will be collected from users who register with the website?
  • What profile information is collected through the website?
  • What information will be collected from users who subscribe to website services, email notifications and/or newsletters?
  • What information is processed in connection with the provision of website services?
  • What can be purchased through the website: goods, services or both?
  • What transactional data will be collected from users?
  • What personal information can a user publish through the website?
  • What communications information may be collected?

Section 3.2

Optional element.

Section 4: Using personal information

Section 4.2

You must list here the uses to which you will (or may in future) put personal data. We have suggested some common categories. As a general rule, where you plan to use personal information you have collected for the purpose of direct marketing, this should be made clear on the page where the information is collected, and you should ensure that this only happens if users opt in to the marketing (eg “Click here if you would like us to send you information by email about products which we think will interest you.”). There are, however, exceptions to this general rule. There are also rules about the content of direct marketing communications. If you are in any doubt about complying with your legal obligations in relation to direct marketing, you should seek professional advice.

  • For what purposes will the website operator use personal information collected through the website?
  • Might marketing communications relate to third party businesses?
  • Will private messages sent by users be monitored to ensure compliance with website terms and conditions?

Section 4.3

Optional element. Will users have the opportunity to publish any personal information on the website?

Section 4.4

Optional element.

Section 4.5

Optional element. Will the website undertake in this document not to supply any user’s personal information to a third party for the purpose of third party direct marketing?

Section 4.6

Optional element. Will the website operator pass any personal information to any third party payment services provider?

  • What is the name of the payment services provider that processes website transactions?
  • At what web address can the privacy policy of the payment services provider be found?

Section 5: Disclosing personal information

Section 5.1

  • To which categories of person may personal information collected through the website be disclosed?

Section 5.2

Optional element. Is the website operator part of a group of companies in circumstance where one or more of those other group companies might need access to personal information collected by reference to this document?

Section 5.3

A website operator may be obliged to disclose personal data to a third party under various laws. For example, under the Defamation Act 2013 and the Defamation (Operators of Websites) Regulations 2013, a website operator may be required to pass personal data between a complainant and a poster – i.e. a person who posts on the website material which may be defamatory of the claimant.

  • Does the website operator need a right to disclose personal data to business purchasers and potential business purchasers?
  • Does the website operator require a right to disclose personal data in anticipation of a court judgment or regulatory action?

Section 6: International data transfers

Does the website operator, or might the website operator, transfer or have transferred outside the European Economic Area (EEA) any personal information that it controls?

Give as much detail as possible about any such international transfers. You need to be aware that the inclusion of this provision will not be sufficient to ensure that all international transfers of personal data are lawful. If in doubt, you should seek professional advice on this point.

Section 6.2

Optional element. Will any personal data be transferred outside the EEA?

  • To which countries outside the EEA may personal data be transferred?

Section 6.3

Optional element. Will users have the opportunity to publish personal information on the website?

Section 6.4

This consent statement is unlikely to create an effective consent to extra-EEA transfers on its own.

Section 7: Retaining personal information

Section 7.1

Optional element.

Section 7.3

Optional element. Does the website operator have any specific policies in place regarding time periods for the deletion of personal data?

  • Does the website operator have any specific policies in place regarding time periods for the deletion of personal data?

Section 8: Security of personal information

Section 8.2

Optional element.

There is an obligation upon data controllers to store personal data securely.

Section 8.3

Optional element.

Section 8.4

Optional element.

Section 8.5

Optional element.

Section 9: Amendments

Section 9.2

Optional element.

Section 9.3

Optional element. Will you ever contact users to notify them of changes to the document?

  • How will users be notified of changes to the document?

Section 10: Your rights

Section 10.1

  • What evidence of identity will you require before fulfilling a data protection subject access request?

Section 10.4

Optional element.

Section 11: Third party websites

Optional element.

Section 12: Updating information

Optional element.

Section 13: Cookies

Optional element.

Section 13.4

Optional element.

Section 13.5

  • What types of cookies will be used on the website?

Section 13.6

  • Details of cookie used on the website should be provided here.
  • Identify the cookie by name.

Section 13.9

Optional element. Will the blocking of cookies have a negative effect upon the use of the website from a user perspective?

Section 14: Data protection registration

Optional element.

Section 14.2

  • What is the website operator’s data protection registration number?

Section 15: Our details

Optional element.

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document). Sole traders and partnerships that carry on a business in the UK under a “business name” (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (i) in the case of a sole trader, the individual’s name; (ii) in the case of a partnership, the name of each member of the partnership; and (iii) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective. All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a PO Box number) and an email address. All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Section 15.1

  • What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 15.2

Optional element. Is the relevant person a company?

  • In what jurisdiction is the company registered?
  • What is the company’s registration number or equivalent?
  • Where is the company’s registered address?

Section 15.3

Optional element.

  • Where is the relevant person’s head office or principal place of business?

Section 15.4

Optional element.

  • By what means may the relevant person be contacted?
  • Where is the relevant person’s postal address published?
  • Either specify a telephone number or give details of where the relevant number may be found.
  • Either specify an email address or give details of where the relevant email address may be found.

 

 

Free website terms and conditions: cover

1. This template legal document was produced and published by SEQ Legal LLP.

2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions. Those licensing provisions include an obligation to retain the SEQ Legal credit incorporated into the template.

3. The current version of our terms and conditions is available at: http://www.seqlegal.com/our-terms-and-conditions.

4. If you would like to use this template without the SEQ Legal credit, you can purchase a licence to do so at: http://www.website-contracts.co.uk/seqlegal-licences.html

5. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

3. Copyright notice

3.1 Copyright (c) [year(s) of first publication] [full name].

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) [stream audio and video files from our website]; and

(e) [use [our website services] by means of a web browser],

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f) [violate the directives set out in the robots.txt file for our website]; or

(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

[additional list items]

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6. Registration and accounts

6.1 To be eligible for [an account] on our website under this Section 6, you must [be resident or situated in the United Kingdom].

6.2 You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person’s account to access the website[, unless you have that person’s express permission to do so].

7. User login details

7.1 If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) [suspend your account];

(b) [cancel your account]; and/or

(c) [edit your account details],

at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our website [using your account control panel on the website].

9. Your content: licence

9.1 In these terms and conditions, “your content” means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

9.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) [depict violence[ in an explicit, graphic or gratuitous manner]];

(m) [be pornographic[, lewd, suggestive or sexually explicit]];

(n) [be untrue, false, inaccurate or misleading];

(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];

(p) [constitute spam];

(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or

(r) [cause annoyance, inconvenience or needless anxiety to any person].

[additional list items]

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) [block computers using your IP address from accessing our website];

(e) [contact any or all of your internet service providers and request that they block your access to our website];

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) [suspend or delete your account on our website].

[additional list items]

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with [English law].

19.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].

20. Statutory and regulatory disclosures

20.1 We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number].

20.2 We are subject to [authorisation scheme], which is supervised by [supervisory authority].

20.3 We are registered as [title] with [professional body] in [the United Kingdom] and are subject to [rules], which can be found at [URL].

20.4 We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].

20.5 Our VAT number is [number].

21. Our details

21.1 This website is owned and operated by [name].

21.2 We are registered in [England and Wales] under registration number [number], and our registered office is at [address].

21.3 Our principal place of business is at [address].

21.4 You can contact us:

(a) [by post, using the postal address [given above]];

(b) [using our website contact form];

(c) [by telephone, on [the contact number published on our website from time to time]]; or

(d) [by email, using [the email address published on our website from time to time]].

[additional list items]

Free website terms and conditions: drafting notes

This is a free version of our standard website terms and conditions document. It is identical to that document, save that this version includes an SEQ legal credit. In addition to the provisions that would typically be included in any set of website terms and conditions, this document includes provisions covering user accounts and user-generated content (although the latter are not as detailed as in some of our more sophisticated website terms and conditions documents). If your website does not feature user accounts or interactive features, you may wish to consider our website disclaimer document instead of these terms and conditions.

Section 1: Introduction

Section 1.2

Optional element.

The completed document should be easily accessible on the website, with a link from every page.

Section 1.3

Optional element. Will all or any website users give their express consent to the terms of this document?

Ideally, from a legal perspective, all users would be asked to expressly agree to the terms of the document. However, in practice, express consent is rarely sought from casual website visitors. On the other hand, it is easy to obtain the express consent of users who register with the website or submit any material to the website, e.g. by clicking “I accept” on an electronic version of the document. You should retain evidence of the acceptance of the document terms by each such user.

  • Under what circumstances will users be asked to give their express consent to the terms of this document?

Section 1.4

Optional element. Are there any age restrictions on the use of the website?

The use of websites by minors can be legally problematic. There are a number of different legal issues. For example, under English law, contracts may be unenforceable against minors. Another issue concerns data protection. The law of data protection imposes additional burdens in relation to the processing of any personal data of a minor and personal data provided by a minor. The effects of the law of indecency may also depend upon whether a website is accessible by minors. Obviously, the inclusion of a requirement in your terms and conditions that minors refrain from using a website is no guarantee that they will do so. Where your website is directed at, or likely to be used by, minors, we recommend that you seek specialist legal advice.

  • What is the minimum age for website users?

Section 1.5

Optional element. Does the website use cookies (including session cookies and third party cookies)?

The inclusion of this statement in your website legal documents will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) concerning consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner’s website (http://www.ico.gov.uk).

  • What is the title of the document on the website that contains cookie information?

Section 2: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 3: Copyright notice

Section 3.1

  • What was the year of first publication of the relevant copyright material (or the range of years)?
  • Who is the principal owner of copyright in the website?

Section 4: Licence to use website

The scope of the licence to use will vary with each site. Consider carefully exactly what your users should be allowed to do with your website and material on your website.

Section 4.1

  • Will audio and/or video files be published on the website?
  • Will the website make available any dynamic services to users?
  • Describe the website services in question.

Section 4.2

Optional element.

Section 4.3

Optional element.

  • For what purposes may the website be used?

Section 4.4

Optional element.

Section 4.6

Optional element. Are users permitted to redistribute any specific content from the website (e.g. newsletters)?

  • What types of content are redistributable?
  • In what formats may redistributable content be redistributed?
  • To whom may redistributable content be redistributed?

Section 5: Acceptable use

Section 5.1

  • Should automated interactions with the website be prohibited?
  • Will the website incorporate a robots.txt file?
  • Should users be prohibited from using the website for direct marketing activity?

Section 5.2

Optional element. Should the use of data collected from the website to contact people and businesses be prohibited?

Section 5.3

Optional element.

  • What standard of veracity etc should user-submitted content meet?

Section 6: Registration and accounts

Section 6.1

Optional element. Do any eligibility criteria apply to account registration?

  • What eligibility criteria apply?

Section 6.2

  • How do users register with the website?

Section 6.3

Optional element. Will users be permitted to share their accounts?

Section 6.4

Optional element.

Section 6.5

Optional element.

  • Are users permitted to use another person’s account on the website with the permission of that other person?

Section 7: User login details

Section 7.1

  • How will users’ login details be generated?
  • What account credentials will users have upon account creation?

Section 7.2

Optional element.

Section 7.3

Optional element.

Section 7.4

Optional element.

Section 7.5

Optional element.

Section 8: Cancellation and suspension of account

Section 8.1

  • Which of these general rights over user accounts does the website operator have?

Section 8.2

  • How can a user cancel his or her account on the website?

Section 9: Your content: licence

Section 9.1

  • Define “your content”.

Section 9.2

  • What type of licence do users grant to the website operator?
  • What does the licence allow the website operator to do with user content?

Section 9.4

Optional element. Should the website operator be granted a right to bring proceedings in respect of third party infringements?

Section 9.5

Optional element. Should users be asked to waive their moral rights (such as the right of paternity and the right to object to derogatory treatment) in the content they submit to the website?

Section 9.6

Optional element. Can users edit their own content after it has been posted to the website?

Section 10: Your content: rules

Section 10.2

This very general prohibition against unlawful user content may be supplemented by rules relating to specific kinds of illegality, as well as prohibitions upon lawful but undesirable content.

Section 10.3

Optional element.

  • Do you want to expressly prohibit the publication by users of information about how to commit crimes and the promotion of criminal activities?
  • Should the depiction of violence be prohibited?
  • Should the prohibition on depicting violence be limited to explicit etc violence?
  • Should pornographic material be prohibited?
  • Should the prohibition on pornographic material be supplemented with a prohibition on lewd, suggestive or sexually explicit material?
  • Should untrue, false, inaccurate or misleading content be prohibited?
  • Should potentially dangerous advice be prohibited?
  • Should spam be prohibited?
  • Should offensive etc material be prohibited?
  • Should annoying etc material be prohibited?

Section 11: Limited warranties

Section 11.1

Optional element.

Section 11.2

Optional element.

Section 12: Limitations and exclusions of liability

Contractual limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability in contracts are unenforceable. The courts are particularly likely to intervene where a party is seeking to rely on a limitation or exclusion of liability in its standard terms and conditions, but will also sometimes intervene where a term has been individually negotiated. The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable. If there is a risk that any particular limitation or exclusion of liability will be found to be unenforceable by the courts, that provision should be drafted as an independent term, and be numbered separately from the other provisions. It may improve the chances of a limitation or exclusion of liability being found to be enforceable if the party seeking to rely upon it specifically drew it to the attention of the other party before the contract was entered into. Exclusions and limitations of liability in UK contracts are primarily regulated by the Unfair Contract Terms Act 1977 (“UCTA”). Contracts regulated by UCTA cannot exclude or restrict a party’s liability for death or personal injury resulting from negligence (Section 2(1), UCTA). Except insofar as the relevant term satisfies the requirements of reasonableness, such contracts cannot exclude or restrict liability: (i) for negligence (which includes a breach of an express or implied contractual obligation to take reasonable care or exercise reasonable skill) (Section 2(2), UCTA); or (ii) for misrepresentation (Section 3, Misrepresentation Act 1967). In addition, if a contract is regulated by UCTA, and one of the parties is dealing on the other’s written standard terms of business, then except insofar as the relevant contractual term satisfies the requirements of reasonableness the other party cannot: (i) exclude or restrict his liability in respect of a breach of contract; or (ii) claim to be entitled to render a contractual performance substantially different from that which was reasonably expected of him; or (iii) claim to be entitled, in respect of the whole or any part of his contractual obligation, to render no contractual performance at all (see Section 3, UCTA). UCTA includes various other restrictions, particularly in the case of contracts for the sale of goods and contracts under which possession or ownership of goods passes. If you wish to try to limit/exclude for liability in respect of reckless, deliberate, personal and/or repudiatory breaches of contract, you should specify this in relation to the relevant provision (for example, using the following wording: “The limitations and exclusions of liability in this Clause [number] will apply whether or not the liability in question arises out of any reckless, deliberate, personal and/or repudiatory conduct or breach of contract”). In many circumstances, however, the courts will find these types of limitations and exclusions to be unenforceable. Somewhat different rules apply to limitations of liability in contracts with consumers, and these provisions should not be used in relation to such contracts. These guidance notes provide a very incomplete and basic overview of a complex subject. Accordingly, you should take legal advice if you may wish to rely upon a limitation or exclusion of liability.

Section 12.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Section 12.3

Optional element. Do you want to attempt to exclude all liability for free services and information?

This sort of exclusion is quite common, but unlikely to be enforceable in court.

Section 12.5

Optional element.

Section 12.6

Optional element.

Section 12.7

Optional element.

“Consequential loss” has a special meaning in English law: it means any loss that, whilst not arising naturally from the breach, was specifically in the contemplation of the parties when the contract was made.

Section 12.8

Optional element. If the website operator is a limited liability entity (e.g. a limited company), do you want to expressly exclude liability on the part of officers and employees?

Section 13: Breaches of these terms and conditions

Section 13.1

  • Will account suspension or deletion be a possibility here?

Section 13.2

Optional element.

  • Do you wish to specify types of action that are prohibited here?
  • Detail the types of action which are prohibited by this provision.

Section 14: Variation

Changes to legal documents published on a website will not generally be retrospectively effective, and variations without notice to and/or consent from relevant users may be ineffective.

Section 14.2

  • Will website users be notified of changes to the document?

Section 14.3

Optional element. Will registered users be required to consent to variations?

Section 17: Third party rights

Optional element.

This provision is designed to exclude any rights a third party may have under the Contracts (Rights of Third Parties) Act 1999.

Section 18: Entire agreement

Section 18.1

  • What other documents govern the use of the website?

Section 19: Law and jurisdiction

The questions of which law governs a document and where disputes relating to the document may be litigated are two distinct questions.

Section 19.1

This document has been drafted to comply with English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. In some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause.

  • Which law should govern the document?

Section 19.2

In some circumstances your jurisdiction clause may be overridden by the courts.

  • Should the jurisdiction granted be exclusive or non-exclusive? Choose “non-exclusive” jurisdiction if you may want to enforce the terms and conditions against users outside England and Wales. Otherwise, choose “exclusive jurisdiction”.
  • The courts of which country or jurisdiction should adjudicate disputes under the document?

Section 20: Statutory and regulatory disclosures

Do the Electronic Commerce (EC Directive) Regulations 2002 apply to the website or is the website operator registered for VAT?

This section can be deleted where website operator is not registered for VAT and the Electronic Commerce (EC Directive) Regulations 2002 do not apply. Generally, those Regulations will apply unless a website is entirely non-commercial, i.e. where a website does not offer any goods or services and does not involve any remuneration (which includes remuneration for carrying AdSense or other advertising).

Section 20.1

Optional element. Is the website operator registered in a trade or similar register that is available to the public?

The Electronic Commerce (EC Directive) Regulations 2002 provide that if you are “registered in a trade or similar register available to the public”, you must provide “details of the register in which the service provider is entered and his registration number, or equivalent means of identification in that register”.

  • What is the name of the trade register?
  • At what URL can the trade register be found?
  • What is the website operator’s registration number?

Section 20.2

Optional element. Is the website operator subject to an authorisation scheme (e.g. under financial services legislation)?

The Electronic Commerce (EC Directive) Regulations 2002 provide that “where the provision of the service is subject to an authorisation scheme” you must provide “the particulars of the relevant supervisory authority”.

  • What is the name of the authorisation scheme to which the website operator is subject?
  • What authority supervises the authorisation scheme?

Section 20.3

Optional element. Is the service provider a member of a regulated profession (e.g. solicitors)?

The Electronic Commerce (EC Directive) Regulations 2002 provide that if “the service provider exercises a regulated profession”, it must provide “(i) the details of any professional body or similar institution with which the service provider is registered; (ii) his professional title and the member State where that title has been granted; (iii) a reference to the professional rules applicable to the service provider in the member State of establishment and the means to access them”.

  • What is the website operator’s professional title?
  • Which professional body regulates the website operator?
  • In which jurisdiction was the professional title granted?
  • What is the name of the document containing the rules governing the profession?
  • At what URL can the rules be found?

Section 20.4

Optional element. Does the website operator subscribe to any codes of conduct?

The Electronic Commerce (EC Directive) Regulations 2002 provide that “a service provider shall indicate which relevant codes of conduct he subscribes to and give information on how those codes can be consulted electronically”.

  • Identify the codes of conduct in question.
  • Where can the codes be viewed?

Section 20.5

Optional element. Is the website operator registered for VAT?

  • What is the website operator’s VAT number?

Section 21: Our details

Optional element.

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document). Sole traders and partnerships that carry on a business in the UK under a “business name” (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (i) in the case of a sole trader, the individual’s name; (ii) in the case of a partnership, the name of each member of the partnership; and (iii) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective. All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a PO Box number) and an email address. All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Section 21.1

  • What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 21.2

Optional element. Is the relevant person a company?

  • In what jurisdiction is the company registered?
  • What is the company’s registration number or equivalent?
  • Where is the company’s registered address?

Section 21.3

Optional element.

  • Where is the relevant person’s head office or principal place of business?

Section 21.4

Optional element.

  • By what means may the relevant person be contacted?
  • Where is the relevant person’s postal address published?
  • Either specify a telephone number or give details of where the relevant number may be found.
  • Either specify an email address or give details of where the relevant email address may be found.