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As a business owner, you must ensure your company has appropriate documentation. This is important from a legal perspective and in providing confidence to potential customers about doing business with you. In addition, given the rise in online business, having an up-to-date and accurate website terms and conditions document is crucial. This article will explore the nature of website terms and conditions documents and why your organisation may suffer adverse consequences should it copy one from another company.
What is a Website Terms and Conditions Document?
This is a document you display on your website setting out two main things:
- the rules for the use of the website; and
- the terms and conditions applicable to any sale or purchase on the site.
In relation to set rules for using your website, the document acts as a rulebook as to what site users can and cannot do on the site.
Furthermore, the document can outline the terms and conditions of sale and purchase on the site. Whilst these need to be tailored to the exact nature of your business, most terms and conditions documents will mention the following:
- the rules on cancellation of an offer (for example, whether it is possible within a certain period of purchase);
- your refund policy (whether they can obtain a full refund at any point or whether your company looks to provide a replacement item or store credit);
- any restrictions on delivery (such as a list of countries your organisation would need additional payment to deliver to); and
- that continued use of the website constitutes the user’s acceptance of the terms and conditions within the document.
Now that we know the likely content of most website terms and conditions documents let us consider three significant risks of copying and pasting one from another company’s website.
1. Copyright Infringement
Since website terms and conditions should fit each business, and due to many companies incurring legal fees to obtain bespoke versions, they gain protection under UK law.
In particular, copying another company’s terms and conditions document may constitute copyright or intellectual property right infringement. Any unauthorised duplication of the document could result in the threat of legal action by that organisation and harm your company’s reputation.
Suppose you learn that another business has copied parts of your website. You will likely instruct lawyers to write to them regarding the copying.
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2. Reduced Protection Due to Inaccuracy
A terms and conditions document aims to establish the exact relationship between you and your site users and customers. It is for this reason that the majority are bespoke. Therefore, if you copy another company’s document, you are likely to obtain wording that does not fit the way your organisation does business. Moreover, you may suffer due to any weaknesses in the original document.
Some businesses believe they can bypass this issue by amending the wording. However, many business owners accidentally amend the wording in a way that contradicts other sections. Additionally, if a lawyer drafted the original policy, you may find that any amendments undo other paragraphs’ work and make it nearly unusable.
3. Increased Risk of Legal Action
In this way, you may find that its wording does not cover potential disputes and leaves the parties uncertain of where they stand. Generally, upset parties are likely to bring legal action against the website owner.
If your organisation has a tailor-made, bespoke terms and conditions document that is clear, accurate and understandable, it is likely to be able to solve disputes before they intensify. This means fewer court battles over legal rights, less stress and less cost.
Key Takeaways
Copying another organisation’s website terms and conditions is both obvious and harmful to your business. It increases the risk of legal action down the line. For example, this may occur where the copied policy does not address the customer’s issue. Considering the value of the sales and services on your website, obtaining bespoke terms and conditions documentation is likely a small price compared to the utility and peace of mind it befits your business.
If you need help drafting and utilising website terms and conditions documents, our experienced E-Commerce 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
Whilst this is safer than copying a policy from another company’s website, it still carries the same risk of not protecting your business to the same extent as obtaining a bespoke policy. Many companies benefit from prior legal advice on the contents of their policies, whether terms and conditions, privacy policies or otherwise. Overall, bespoke legal drafting is helpful for commercial purposes and ensuring you meet your legal requirements.
It makes little difference whether the content resides within printed documents, computer software or browsers. English law only covers acceptable use (which usually covers the quotation of material with full reference given to the original author or copyright owner).
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