Why There Is Customised Terms And Conditioned For Every Website?

Introduction

In this 21st century internet has become an inevitable part of growth for every human being .The magnificent growth of technologies has related to many inventions in every field ,now a days the role of website is needed even for basic things such as searching places,products,routes, study materials, shopping sites etc, all we do is refer websites as its less time consuming and provides immediate results. If so have u thought how these websites works or what happens in case of any issues and what is the remedy given by law. In this paper lets discuss all about the need for customised terms and conditions for every website and how it works and remedies available for website related issues.

To whom Applicable
  • Web developers or website owner
  • Client
  • Visitors to website
Terms and Conditions for website

In general 80% of people without reading terms and conditions of website just accepts or clicks tick in the column of terms and condition in order to process their work, they sign these kinds of standard contracts which is also known as Click wraps contracts where users generally click I agree ,which at times can be framed in advantage of developer or can backfires visitors who have impliedly given consent to things which they are unaware or causes certain disadvantages to the visitors or users

Every website owner frames a customised terms and condition in accordance to the work they perform. Their and rights and liabilities are dealt under Intellectual Property law.

  • Terms and conditions acts as a legally binding contract between the owner of website and the users
  • This terms and conditions describes the guideline or the set of rules framed by owner in order to use or access a website .
  • In order to prevent abuses or terminate certain users who violate these T&C and to protect developers creativity terms and conditions are
  • Registered website owners via terms and conditions impliedly provide limitation and exclusion of liability,limited warranties and they determine the jurisidiction in case of issue .
T&C customised for each website

For example in case of shopping site

  • In this type of legal agreement owner sets the rules that customers should follow during purchase and also they have clause stating limited liabability in event of products
  • Site provides necessary details regarding product information
  • Pricing and payment includes shipping, cancellations and
  • Some sites deliberately states not cod or returns
  • No person can sue other website for selling similar product in high or low cost in compartitive to
  • Trademark infringement is subject to action
  • Severability clause is mandatory
  • The Dispute Resolution clause is important for ecommerce stores because it defines the procedures that will be followed in the event of a dispute. This clause typically establishes the jurisdiction where any disputes will be arbitrated if it comes to that, and the governing law that will apply. Obviously, these decisions should be made in the interest of the store’s

These are some of the essential terms and conditions which is applicable to all sites based on the work.

In case of blogger or news channel

Since million of users reads such blogs or news these are certain terms and conditions for users before they agree to access this website

  • Copyright notice which shows ownership of rights in website
  • Content given by them subject to exception of fair use
  • Authors right must be obtained before downloading,copying , translating of republishing author’s work.
  • Content should not contain threat or incite to readers or others
  • Should not violate publicity rights.
  • No warranties for information.
  • Caveats to limit of liability,no personal.
  • Indemnity from website users.
  • Breach of these terms are subject to consequences.
  • User login details are subject to confidentiality.
  • Severability clause is mandatory.
  • Governing law or jurisdiction.
  • Statutory or regulatory disclosures include trade register, authorisation scheme, ecommerce regulations, vat number.
Essential terms and policies that every contract must cover is
  • Anti spam policy
  • Copyright Act notice
  • Refund policy
  • Privacy and heath disclaimers
  • Severability clause
How website make money

The most common ways in which website earns is

  • Through marketing and subscription
  • Shipping charges and commission
  • Pay per clicks
  • Selling Ebook
  • Selling sponsored posts
  • Pop up advertisement or audio ads
Current position of law

Laws which deal about these issues are

  • Indian Contract Act 1872 – Where a person can sue for damage or specific performance
  • Intellectual property rights – protects the rights of author,creator or inventor in regards to their creativity
  • Information Technology Amendment Act
  • Consumer Protection Act 1986
  • Policies laid down by regulatory bodies like RBI,IMA.
FORUM

In case of e commerce issues it can be filed in consumer court or can opt arbitration procedures as mentioned in contract

Remedies for breach of contract
  • Damages
  • Specific performance
  • Cancellation and restitution.

Case laws

Feldman v Google Inc

In this case Mr. Feldman is a victim of “ click fraud ad” which repeatedly popped up as ad .Feldman claimed that google has asked him to pay for all clicks on ads which was actually fraudulent .

Issue : Forum selection clause has clearly mentioned in case of conflivt of laws ,California law will be governed and it will be adjudicated in Santa Clara County.

Explanation : Feldman states he has never signed or negotiated with terms of contract , but Feldman was required to enter adword contracts before placing any ads or incurring charges . At the top of the page displaying adword contracts its has clearly mentioned the user to carefully go through terms and conditions which Mr Feldman has given I Agree option to terms and conditions and processed for next step of clicking ads, placing and incurring charges .

Before agreeing its the duty of user to make sure that he is aware of terms and conditions, if terms is not suitable for him he could have closed or he could have disagreed but after agreeing he cannot refuse the act or mistake done by him and cannot claim compensation from others for the mistake done by him.

Judgement: In this case court held that Feldman has reasonable notice regarding terms and only after knowing he has assented to terms .

Clickwrap agreement was upheld.

Conclusion

In this digitalised world its very important to abide and adhere law.Everyone has right to practice any profession which is in accordance with law .As of cyber law concerned there is till lack awareness in regards to issues arising in cyber world and remedies available to those issues .So its very important that every website owners must have customised terms and conditions inorder to protect and provide a proper way of their service and also to prevent misuse, false information or transaction based on their websites.

Category: – Contract law , IPR, e commerce and cyber law

Name – N.Lakshmi Priya

Mail id – priyaanatarajan@yahoo.com