7/28/2019 Website Terms and Conditions Notes

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7/28/2019 Website Terms and Conditions Notes

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As this has a very broad exclusion of liability, the courts hold elements of it unenforceable. Therefore, the courts look very closely at liability caps and so amongst other things, anunreasonable liability cap shall not be deemed enforceable.

Changes to the notices shall not be retrospectively effective. This provision is intended toexclude any rights a third party could have under the Contracts (Rights of Third Parties) Act

1999.

If you intend to collect personal information/data from users, you need to have a privacypolicy as well as your terms and conditions. Here you should also refer to, for example, anyterms of sale or terms of subscription which relate to your website.

The questions of what law governs a contract, and where disputes relating to the contractmay be litigated, are two separate questions.

These terms and conditions have been drafted in accordance with English law, and thegoverning law provisions should not be changed or altered without first obtaining expertadvice from a qualified lawyer in the relevant jurisdiction.

It should be noted that the courts will sometimes apply the provisions of their local law, forexample local competition law or consumer protection law, irrespective of a choice of lawclause stating that a different law applies. You should choose non-exclusive jurisdiction if you want to enforce the terms and conditions against users outside England and Wales.Otherwise, choose exclusive jurisdiction.

In certain circumstances, particularly if you are contracting with a consumer, your jurisdictionclause could be overridden by the courts.

This section can be deleted where The Electronic Commerce (EC Directive) Regulations2002 (also referred to as the Ecommerce Regulations) do not apply. Often the Regulationswill apply unless a website is of a non-commercial nature, such as where the website doesnot offer any goods or services and does not include any remuneration, for example

remuneration for carrying AdSense or other advertising.

Under the Ecommerce Regulations, where the service provider takes on an activity that is tobe subjected to Value Added Tax (V.A.T), the relevant identification number must bedisclosed.