Understanding Essential Terms and Policies

Starting a new business can be exciting, but it can also be overwhelming. There are various different terms and policies that you may need to ensure your business is compliant with the law and protects your interests. It is important you understand the differences between the various terms so that you understand what you already have and what you may need:

Privacy Policy

A privacy policy is a document that explains how you collect, use, and protect personal information that you collect from visitors to your website or customers of your business. It is a legal requirement for you to have a privacy policy if you collect personal data (e.g. collect names, email addresses or other personal information from those your business interacts with) and failure to have a privacy policy can result in significant fines and legal liability.

Terms and Conditions

Terms and Conditions, also known as Terms of Service or Terms of Use, are the rules that govern how your business is used by customers. These terms cover important issues such as payment terms, refunds, intellectual property rights, and user conduct.

Website Terms

These terms are helpful when you have a website. They are the rules that govern how your website can be used by those who visit your website. These can be drafted into your business’s main terms and conditions. However, it is often preferable to list these separately, such as on their own page on your website for ease of reference.

Cookie Policy

A cookie policy explains how you use cookies and similar technologies on your website, and how users can control their use. This is a legal requirement in many countries, and failure to have a cookie policy can result in significant fines and legal liability.

Copyright Notice

A copyright notice is a statement that informs others that your content is protected by copyright law. This can deter others from using your content without permission and can make it easier for you to enforce your intellectual property rights. A copyright notice typically includes the copyright symbol (©), the name of the copyright owner, and the year of first publication. For example, a typical copyright notice might look like: © John Smith 2023. The notice can be placed anywhere on a copyright work and is often included at the bottom of websites to notify visitors to the websites that copyright protected text or other works are present.

Disclaimers

Disclaimers are statements that limit your liability for certain types of damages or losses. For example, you may include a disclaimer on your website that you are not responsible for any errors or omissions in the content or for any damages that may result from the use of the website.

Drafting terms and policies can be a daunting task, but they are critical to protecting your interests and ensuring compliance with the law. It is important to seek legal advice to ensure that your terms and policies are legally enforceable and tailored to your specific needs. With the right terms and policies in place, you can focus on growing your business and providing great content or services to your customers.

Written by Cassine Bering – Solicitor