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As a business owner in the UK, you need various pieces of legal documentation to ensure your business runs smoothly. Some documents are more complex than others and some companies make the mistake of copying policies from other UK businesses. Doing so runs the risk of causing your organisation harm from a reputational, financial and legal perspective. This article will consider why your organisation should avoid copying another company’s website terms of service and obtain a suitable version instead.
What is a Website Terms of Service Document?
This document lives on your company website and sets rules for site users. It is akin to a rule book outlining when users may receive suspensions or permanent bans from your website.
Website terms of service documents should fit the organisation, particularly concerning how they do business in the UK and their potential customers. So, for example, any website that sells children’s toys (and has no age restrictions for entry) should police abusive comments much more heavily than a power tool website for adults.
Whilst these documents differ according to the relevant company, most will mention some of the following:
- that abusive conduct or comments (including foul language or racist wording) is forbidden;
- that your company takes no liability for harm caused through the use of the website (for example, any damage to devices through malicious code or otherwise);
- restrictions on the copying of website content (particularly web entries containing copyrighted materials or intellectual property);
- examples of unauthorised use or unacceptable behaviour that should result in a site ban. This could include attempts to hack the website, intentionally offend other site users or otherwise; and
- any continued use of the website constitutes the individual’s acceptance of the website’s terms of service.
The following sections explore the potential downfalls of simply copying and pasting a website terms of service from another company’s website.
1. Breach of Copyright
Unsurprisingly, copying and pasting a terms of service policy from another website is a likely breach of copyright law. The work was likely commissioned for them (at their cost) and for their use only.
Lifting a policy would be akin to a newspaper simply copying another newspaper’s article word for word and posting it online. It would be a reasonably straightforward copyright infringement.
Some business owners seek to subtly change the policy wording to get around this, so it is different. However, there are two significant disadvantages to doing so:
- firstly, unless you amend a sizeable amount of the policy, it would still be easily noticeable as an amended version of the original; and
- secondly, changing the wording without a lawyer’s assistance may unintentionally void some of the clauses, making the document potentially worthless.
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2. Ill-Fitting Content
A website’s terms and conditions is usually drafted with one business in mind. So, for example, if an online electronics retailer copied a policy from a graphic design company, large parts would be unsuitable.
Some may therefore think it best to copy from a similar business or rival company. However, doing so is highly likely to result in reputational damage and the threat of legal proceedings.
3. Avoids Benefit of a Bespoke Policy
These complex policies require a fundamental understanding of the law and your business’ values. This is why many UK companies ask lawyers to draft the document.
Having a tailored policy brings many advantages, including:
- a set of rules that reflect your company’s intentions and values;
- policy wording that puts your organisation entirely in control of who to ban or suspend; and
- having the peace of mind that the policy is legally effective.
Simply copying another company’s policy takes away these significant benefits.
Key Takeaways
It is a risky strategy to copy another business’ website terms of service. Not only do you risk legal and reputational damage from copyright infringement, but you risk the copied version providing your business with inadequate legal protection. As such, many UK business owners trust a lawyer to tailor policy rules to their business and ensure they remain legally compliant.
If you need help putting a website terms of service document in place for your online business, our experienced ecommerce and online business lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
You may undo the value of the existing wording by copying another business’ policy. A good example would include copied terms that state that ‘abusive language may lead to a website ban’, but you amend a different clause to say it ‘will lead to a ban’. This contradiction may make it harder to ban a troublesome user.
It may receive a copyright notice from the other company asking for the wording to be removed and financial damages. The company may threaten legal action if you refuse to do so.
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