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Legal intricacies of an online business.

Would you like to sell online? Post the Terms of Use on the website

The faster the development of information technologies in the field of trade relations is, the more often the developers and owners of online businesses have to think about legal matters.

The Terms of Use, Privacy Notice, and Cookie Policy documents are not an exhaustive list of official legal documents that must be drafted for your website or application.

The documents of this type not only reduce the risks of fines and conflicts within an online business but also govern your relations with a potential buyer.

Today we will talk about the Terms of Use document.

What are the Terms of Use?

The Terms of Use is a formal agreement between the business and the user setting forth the rights and obligations of the parties. It is illegal to carry out the e-commerce activities without this document.

A professional IT lawyer must prepare the Terms of Use. This is because this document not only must be available on the website but also must be developed specifically for your business.

What does the Terms of Use document ensure?

- it notifies the user of the rules and terms of using the product or service;

- it informs the user about the necessity to comply with these terms;

- it secures the consent to abide by these terms;

- it notifies the user of the risks attached to the use of the website or application;

- it protects the owner against some of the potential claims;

- it sets the responsibility framework for the vendor and the buyer;

- it determines the methods for settling possible disputes and controversies;

- it lists the criteria that the user must meet to use the service or the application;

- it lays the foundation for the confidentiality clauses

Why is it not admissible to use a template?

Often, using a ready Terms of Use document template or copying this document from the website of another company seems an attractive solution to the owner of an online business. In this case, the owner placates himself or herself using a misleading statement that “no one reads these documents anyway.”

Do not repeat this mistake!

Aside from the general provisions, the Terms of Use document must contain paragraphs governing the relations between your business and the user who intends to use your product or service. In this case, this user will have legal relations with you specifically.

You would say yes to the statement that the terms of use of a personal account on the distance-learning website differ from using a space at a marketplace, purchasing goods with delivery included or subscribing to a news feed.

In each of these cases, the terms applicable to the relations between the business and the user are different. Therefore, these relations are governed by different contracts.

Currently, Ukraine has just several law firms specializing in the field of information technologies. One of such firms is AVITAR.

AVITAR has a team of specialists with a 6-year experience in leading IT companies and legal consulting companies.

We perform legal due diligence of online stores, landing pages, business card websites, applications and other online products; we work with Data Protection, provide recommendations, correct errors and/or draft legal documents for your online business.

Would you like to play by the rules and govern the relations between your online business and the user in accordance with the international rules?

You are welcome to come to us!

We were borne in IT and we would ensure legal protection of your online business!