Author- Preethika Vijaykumar
When drafting website terms and conditions under Indian law, it’s important to ensure that your terms and conditions comply with all relevant laws and regulations, including the Indian Contract Act, 1872, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Intermediary Guidelines and Digital Media Ethics Code Rules, 2021.
Your terms and conditions should cover all relevant topics, such as intellectual property rights, disclaimers of liability, warranties, and limitations of liability. You should also include clauses relating to governing law and jurisdiction, dispute resolution, and compliance with applicable laws and regulations.
In addition, if your website collects any personal data from users, you should include a privacy policy that complies with the Indian rules governing the collection, use, and protection of sensitive personal data or information.
Overall, it’s important to consult with a lawyer who is familiar with Indian law to ensure that your terms and conditions comply with all applicable laws and regulations and to make sure that your legal rights are adequately protected.
Drafting website Terms and Conditions complying with Indian law:
- Include a governing law and jurisdiction clause: This clause specifies the law that will govern any disputes that arise under the terms and conditions and the jurisdiction where any legal action will take place. In India, this should typically be the law of India and the jurisdiction of the courts in the city where your business is located.
- Include a dispute resolution clause: Consider including a clause that outlines a process for resolving any disputes that arise under the terms and conditions, such as mediation or arbitration.
- Comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: The Intermediary Guidelines and Digital Media Ethics Code Rules, 2021 impose certain obligations on intermediaries (including websites) in India, such as the obligation to appoint a grievance officer and to comply with takedown requests for certain types of content. Your terms and conditions should reflect your compliance with these rules.
- Include a privacy policy: The Indian Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 require companies that collect personal data to adopt certain reasonable security practices and procedures and to provide a privacy policy to users. Your terms and conditions should include a privacy policy that complies with these rules.
- Comply with the Indian Contract Act, 1872: Your terms and conditions should comply with the Indian Contract Act, of 1872, which governs contracts in India. This includes ensuring that your terms and conditions are clear, concise, and not unconscionable.
- Consult with a lawyer: As with any legal document, it’s important to consult with a lawyer who is familiar with Indian law to ensure that your terms and conditions comply with all applicable laws and regulations and to make sure that your legal rights are adequately protected.
General considerations while coming up with terms and conditions for a website:
Determine the scope of your terms and conditions: The first step in drafting website terms and conditions is to determine what you want to cover. Your terms and conditions should cover the use of your website, the products or services you offer, and any other relevant legal issues.
Identify applicable laws: Research the relevant laws and regulations that apply to your website and the industry you operate in. This will help ensure that your terms and conditions comply with all relevant legal requirements.
Use clear and concise language: Your terms and conditions should be easy to read and understand. Use clear and concise language, and avoid using legal jargon that may confuse users.
Cover all relevant topics: Your terms and conditions should cover all relevant topics, including intellectual property rights, disclaimers of liability, indemnification, warranties, and limitations of liability.
Consider including a privacy policy: If your website collects any personal information from users, consider including a separate privacy policy that outlines how you collect, use, and protect that information.
Make sure users agree to the terms: To ensure that users agree to your terms and conditions, consider requiring them to check a box or click a button indicating that they have read and agree to the terms before they can use your website.
In conclusion, drafting website terms and conditions can be a complex process that requires careful consideration of all relevant laws and regulations. When drafting website terms and conditions under Indian law, it’s important to ensure that your terms and conditions comply with the Indian Contract Act, 1872, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Intermediary Guidelines and Digital Media Ethics Code Rules, 2021. You should also cover all relevant topics, include a privacy policy if necessary, and consult with a lawyer who is familiar with Indian law to ensure that your legal rights are adequately protected.
