The above questions are why you need a qualified lawyer from the Spodek law group to help you through the whole process.
The advantages of using a lawyer
2. Your lawyer will not only draft a document that protects you and your business, but he will also have a policy focusing on the future as your business grows.
3. Generally, terms of Service highlight several things, such as preventing misuse of your business website/app, specifying that you, as the business owner, have a right to your content, and provide an agreement between you and the website/apps users. Also, it provides you with an enforceable legal document minimizing the likelihood of a legal dispute.
Other considerations you should keep in mind
- Does your business website/apps request personal information from its users? If so, then you should consider the PIPEDA, which sets out the ground rules in which businesses must handle user information in the course of doing business?
- Do payments go through your business website/app? If so, you need to consider the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
- Does your website/app display any trademark or information subject to copyright? If so, then consulting with an experienced attorney is the best option for protecting your intellectual property rights.
Terms and conditions
Terms and conditions are a contract between you and the uses of your website/ apps. An experienced lawyer can also advise you on where to place your business website/app’s policies to ensure legally binding. An example is the “I accept” button on the website famously known as clickwrap agreement.
Terms and conditions establish the conditions of use, such as disclaimers of warranties, code of conduct, and disclaims any liability for any third party site links to users of your products. Below is a discussion of the general provisions in a policy document.
Code of Conduct
The provision lays out the expectations of how your clients may use your products. As well as highlight your rights to revoke the use of your website/app.
Limitation of Liability
The purpose of the provision is to exclude your business from liability or damages that may arise.
Where necessary, the Terms and Conditions should state the acceptable method of payment. They should also state the timelines of the payment as well as delayed and failed payment conditions.
Policy of cancellation
You can also highlight how users can terminate an agreement and the relevant fees and refund procedures.
What your website/app will have access to
If your product needs to access user accounts such as Facebook, Twitter, contacts, or any other part of their devices, you should also state and request the users to agree with that condition.
Links to Other Websites
This provision states that your company is not responsible for any information in third-party links connected to your website/app.
You may also provide a clear guideline on any copyright infringement according to the Digital Millennium Copyright Act. This policy should state that any content and business logos on your website are protected. In case a user believes that content on your website infringes copyright, the policy guild the user on how and to whom they can raise the issue.
Posting a privacy statement on their website/ app that does not reflect the companies internal structure is one of the biggest mistakes companies make. The mistakes happen when a company decides to use online templates or copy and paste from similar business websites.