Website Terms and Conditions Template
The rules for using your website or app, and the limits on what you are liable for when someone does.
Terms and conditions are the contract between you and everyone who uses your site. They set acceptable use, govern accounts, limit your liability and pick the province whose law applies to any dispute.
The liability limitation and the governing law clause are the two that earn their keep. Without the second, you can find yourself defending a claim in a jurisdiction you have never visited.
Use it when
- Launching any website, app or SaaS product
- Letting users create accounts or post content
- Selling anything online
- Operating a marketplace or community where users interact
Use something else when
- You are licensing downloadable software, where the EULA is the right document
- You need a full SaaS subscription agreement with SLAs and uptime commitments, which is a bigger document than this
What is in the document
Every section of the website terms and conditions template, as it appears in the file you download.
Questions
Are website terms and conditions legally binding?
They can be, and how you present them decides it. Clickwrap, where the user actively checks a box, is far more enforceable than browsewrap, where terms sit behind a footer link. Canadian courts have upheld clickwrap and been skeptical of browsewrap.
What is the difference between terms and conditions and a privacy policy?
Terms govern how people may use your service and limit your liability. A privacy policy explains what you do with personal information. They are separate documents and most sites need both.
Can I limit my liability in terms of use?
To a degree. Canadian courts enforce reasonable limitations between commercial parties but will not enforce clauses that are unconscionable or that try to exclude liability for fraud. Consumer protection legislation limits what you can disclaim to individuals.
Do I need terms if my site is just informational?
It is lower risk, but terms still let you assert copyright over your content, disclaim accuracy warranties and set governing law. The pairing with the copyright policy covers that.