Website Terms of Use is a legal agreement which depicts the terms and conditions which the user must understand and follow while using a website or mobile application which is governed in accordance to Information Technology Act, 2000. This primarily covers the issues that may arise while using the website or mobile application. This defines the user responsibility to use the website along with details of third party account information and clauses of confidentiality while using the website or mobile application.
The User further understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and user will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
There are many benefits of uploading the Terms of Use Agreement in a website or mobile application. Let us have a look at all these benefits:
There are few important clauses of the Terms of UseAgreement that you might know in order to have a better understanding of the Agreement. Let us have a look at all the important clauses of this Agreement:
| Serial No. | Clause | Content |
|---|---|---|
| 1 | User Responsibility of Cognizance | User agrees that he has read the detailed Terms of Use before procuring any goods or services from the website. |
| 2 | Third Party Account Information | User authorising the website or its third party agencies like payment gateway to retrieve user’s information. |
| 3 | Confidentiality | User to maintain the confidentiality of the information gather through the website. |
| 4 | Force Majeure Clause | User accept the delay in services or goods in any exceptional situation. |
| 5 | Safety of Data | User take the complete onus on the risk of virus on the files downloaded from website. |
| 6 | Indemnification | User agreed to indemnify the company in case of any loss, liabilities or damages. |
| 7 | Jurisdiction | Website defines the jurisdiction in case of any disputes. |
Information Technology Act,2000 defines the imprisonment upto three years, or fine upto two lacs only, or both in case some intentionally temper the computer source documents.
Terms of Use Agreement is the legal agreement which defines the terms that user need to abide while using the website or mobile application, on the other hand, Privacy policy depicts the provisions as to how the data collected by the company are being handled.
Ecommerce companies along with the aggregators who sell through their website must have to place Terms of Use Agreement in their website.
It is advisable to define the terms use in the agreement in the beginning in order to have better use experience.
There is actually a dispute resolution and an arbitration clause in the Agreement itself. Therefore, if user violates the clauses of the Agreement, then the arbitration Clause is considered and steps are to be taken accordingly.
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