If the buyer fails to satisfy the conditions, the seller can repossess the property. Apple also conspicuously designates the governing law that will be used to arbitrate all disputes. The latter is a good general terms and conditions example that other businesses can learn from. Obtain consent & manage cookie preferences, Scan your website for GDPR and CCPA compliance, Informational articles on privacy law compliance & best practices, Frequently asked questions and answers about data privacy and regulations, [, or if a minor, you have received parental permission to use the Site], [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. But as the owner of the app, you should have a way to actively end a relationship with a customer under certain circumstances. For example, you won't need a clause about subscription payment terms if you don't offer paid subscriptions. We may accept, reject, or remove reviews in our sole discretion. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Apple iTunes, which probably isn't dealing with high-liability goods, includes the following boilerplate language in its Terms agreement to deal with limiting liability and disclaiming warranties. Although it’s important not to copy another policy, it’s still valuable to take inspiration from the specific clauses that prominent companies include in their terms. Terms & conditions. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Please be advised the Site is hosted in the United States. your Contributions do not violate the privacy or publicity rights of any third party. Offer Period The Offer Period starts at 6.00 am on 15 March 2021 and closes at 11:59pm on 15 June 2021 or w hile stocks last, whichever occurs first. Please acknowledge this Job Offer appointment mail Letter as a token of you having accepted the above terms and conditions. These Terms and Conditions supersede any other agreement between you and Sheer Science to the extent necessary to resolve any inconsistency or ambiguity between them. Any user can go online and get a clear picture of what they’re agreeing to. OFFER GOOD ONLY FOR ONE FREE 2 SACHET SAMPLE OF TRUVÍA® NATURAL SWEETENER PLUS $1-OFF COUPON. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Your Terms and Conditions agreement makes it clear to your users what you expect from them, what they are not allowed to do with your website/service, and how they must handle certain situations such as arbitration and canceling their own accounts. Explicitly listing prohibited activities is another way to stop visitors misusing your site. These terms will also reduce your probable losses due to returns or refunds. You can also download this Terms & Conditions Template as a Google Document. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]. Alternatively, keep reading to learn more about what a terms and conditions agreement is and how to start writing your own. Website terms and conditions are vital to the long-term success and security of your online business, as they outline the rules by which you and your users must abide. It's up to you to set the rules and guidelines that the user must agree to. Not even the super-strict and wide-reaching General Data Protection Regulation (GDPR). Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. You can also use an "I Agree" button instead of a checkbox that users must click to show they agree to your Terms and Conditions agreement. Can users create or publish content on your website or app? The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You may have noticed many sites now visibly disclosing browser cookies as a result of GDPR, but this is far from the only requirement. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If users abuse your website or mobile app in any way, you can terminate their account. We cannot guarantee the Site will be available at all times. It's free. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles. See our CCPA vs GDPR infographic to understand the differences between these two laws. The General Data Protection Regulation (GDPR) — Europe’s strict privacy law that applies to companies worldwide with EU users — does not directly affect the terms and conditions of your website. They are part of your agreement with The Creatives Coach. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Our terms and conditions sample text is suitable for the following websites and platforms: Looking for a specific terms and conditions sample? You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. You may not access or use the Site for any purpose other than that for which we make the Site available. Samples will be distributed on a first-come, first-served basis. This means your users may take advantage of your "lawless" platform. Terms and conditions of employment shall mean the hours of employment, the compensation therefore including fringe benefits except retirement contributions or benefits and the employer's personnel policies affecting the working conditions of the employees.The term "personnel policies" does not mean educational policies of a school district. If you’re looking for GDPR terms and conditions examples, try searching the European homepages of major companies. How do I get terms and conditions for my business? To protect your business, simply download our free terms and conditions template and tailor it to suit your specific needs by referencing our writing terms and conditions guide. All information, software, services, and comments provided on the site are for informational and self-help purposes only and are not intended to be a substitute for professional legal advice. Our free terms and conditions template will help provide your business with the legal protection it deserves. Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Persons under the age of 18 are not permitted to register for the Site. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. When the free trial period ends, and 4. Just follow these steps: Enter your email address where you'd like your agreement sent and click "Generate.". If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. For example, you may get a lot of questions asking how you handle user-generated content rights, or how a user can shut down an account. The main benefit of having a Terms and Conditions agreement is that you maintain the highest level of control over your website/business. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions. However, we have no obligation to update any information on our Site. By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. How do I make my Terms and Conditions agreement enforceable? This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. Probation Period. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. FORCE MAJEURE. Use of this site is subject to our Terms of Use. Your title will be [Job_title], and you will report to the Company’s [Manager’s … The benefits include increasing your control over your business/platform, while helping your users understand your rules, requirements and restrictions. It must be a separate document, but you can include a link in this section of your terms and conditions. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. The company decided to use the laws of the State of California to dictate arbitration, which is where Apple is located. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. A conditional sales agreement lets the buyer possess the goods without legal ownership until the entire sales price is paid in full. A basic disclaimer template should include these terms are others, as well. Dear All, Greetings of the day! Your Terms and Conditions can include a clause to inform users that certain orders, at your sole discretion, can be canceled if the products ordered have incorrect prices due to various errors. The "Content" clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users. However, having one comes with a number of important benefits for both you and your users/customers. Step 4: Specify Your Contract. At important places where the terms will matter more, like during account creation and purchase finalization pages. If you’re writing your own, make sure your terms and conditions content strikes the same balance. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. difference between a terms of use and a privacy policy. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Filing a false Counter Notification constitutes perjury. You may be required to register with the Site. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.