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Terms & Policies

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Terms & Policies

Do Your Due Diligence

Terms of Business and certain policies are essential for every business regardless of size as it is the Terms & Conditions that set out the expectations between a business and their clients/customers. While policies familiarise clients with a business’s internal practices, sometimes a policy such as a privacy policy is a statutory requirement. The DLC will ensure you are meeting and are up to date with your legal obligations.

We can help draft the following types of terms and policies:

  • Terms & Conditions of Business
  • Website/App Terms & Conditions
  • Privacy and Cookie Policies
  • eCommerce Terms & Conditions

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Should a business have Terms & Conditions?

Although it is not a statutory requirement, it is prudent for businesses to have terms and conditions in place, as terms and conditions constitute an agreement between the business and its customers/clients.

It is useful to include terms relating to the purchase of goods and services, terms of payment and relevant warranties and disclaimers. A business owner can also expressly limit their liability to protect their interests, in case things go wrong.

What should Terms & Conditions include?

Some of the terms typically included in a Business’s Terms and Conditions are terms relating to the following:

    • Placing an order for goods/services
    • Delivery and shipping of goods
    • Payment and terms of payment
    • Exchange, return and refund policy
    • Relevant disclaimers and limitation of liability
    • Intellectual Property
    • Dispute Resolution
    • Governing Law and Jurisdiction
Is a customer bound by Terms & Conditions?

When a user accepts the terms & conditions – i.e. checking a box or clicking a button to denote acceptance – the T&Cs become a legally binding contract. However, even if a box is not checked and a user proceeds to purchasing goods and/or services supplied by you, it is an implied acceptance of your T&Cs. It is, however, prudent to explicitly outline this in your T&Cs.

Is it necessary to have a Privacy Policy?

The UK Data Protection Law as well as the General Data Protection Regulation 2016/679 that governs data protection in the European Union requires every business collecting personal data from individuals, to inform them about the kind of personal data being collected, the reason for and grounds on which the personal data is collected and how the personal data will be processed by the business. All of this information can be displayed on a business’s website via a document known as the Privacy Notice/Privacy Policy.

What should a Privacy Policy include?

The objective of a Privacy Policy is to inform customers and any person dealing with the business about how their personal data is collected and processed. In light of this, a Privacy Policy/Privacy Notice must include the following information:

    • The kind of Personal Data collected
    • The reason for collecting such data
    • The grounds on which the data is collected
    • Who has access to such data?
    • Transfer of data
    • Rights of individuals in respect of their data
    • Use of cookies