Terms of Use for Websites and Mobile Apps - A Digital Media Solicitor's Guide
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Conditions Of Use
PAIL® Solicitors draft bespoke website & mobile app terms and conditions with a guarantee of compliance. For a consultation with us use the above form or call us on 020 7305-7491 or email peter@pailsolicitors.co.uk.
E-Commerce Conditions of Sale
We represent all types of individuals and companies in drafting terms of use, especially for e-commerce businesses.
E-commerce businesses generally fall into one or more of three categories: e-commerce platforms, marketplaces, and individual e-tail outlets.
Digital businesses typically have a website and a mobile app. We usually prepare the terms and conditions for both the website and the app simultaneously. We will ensure that the terms and conditions for your platform align seamlessly with those for your app to protect your intellectual property.
Whether you are dealing with platforms, which are digital businesses whose APIs support the building and operations of e-commerce businesses like Shopify, for example, or an e-commerce marketplace, which aggregates digital businesses so they can trade with each other and consumers, such as Ali Baba or eBay,
Online marketplaces encompass those that facilitate peer-to-peer transactions for the sale of antiques, jewellery, computer games, children’s clothing, games, resale of industrial parts, building materials, and much more. As specialists, we often engage in the launch process and review all contracts, including advising on agreements with website developers. At PAIL we have worked on them all.
If you are an online business selling to consumers and/or other businesses, then you will need robust, tailored terms of use, cookie policies, and complex privacy notices.
Some of the basic clauses that you would need in a standard online business include;
Acceptable Use – this clause sets out the boundaries of how you want users to interact with the business. Some businesses offer Software as a Service (SaaS) for which specific terms are required.
Content Ownership – this relates to intellectual property management, an area in which we specialise.
Payment – this is self-explanatory. You must comply with distance selling regulations, including the Consumer Rights Act 2015. Other key sources of consumer protection in the UK are: - The Consumer Protection from Unfair Trading Regulations 2008 – you could be ‘blacklisted’ if you don’t comply with this; the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which requires you to provide certain information to consumers; the consumer health and safety protections found in the Consumer Protection Act 1987 and the General Product Safety Regulations 2005.
Governing Law—The governing law of the business requires careful consideration, and we specialise in jurisdictional issues. Jurisdiction is crucial for addressing disputes, and we possess expertise in IP litigation and consumer disputes generally.
Privacy Policies – the company will require guidance on data protection and privacy, including the drafting of a comprehensive privacy policy. We can also assist your in-house team with data mapping exercises, data impact assessments, and the preparation of any necessary international data transfer agreements. PAIL has done data mapping and compliance projects for several UK businesses.
Uplifiting Creativity
To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors. Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.
Disclaimer
We provide cases and statutes as general information because contracts should be flexible to adapt to legal changes. Our articles on media and IP agreements serve as starting points for readers to brainstorm ideas. They are not a substitute for professional legal advice. Each contract is unique; even good templates need adaptations for specific situations. One party typically presents a contract based on industry standards and in-house policies. Replacing the contract may be difficult, but you can negotiate important clauses and agree on amendments.