This T&Cs template is for use on a website selling digital products. The digital products in question may be ebooks, images, music files, videos or software - their exact nature is immaterial.
Note, that this template has been designed to cover the use of the website rather than the sale and licensing of the digital products themselves. It should therefore be used in combination with one of our download terms and conditions templates.
A special section relating to the digital products is included in the T&Cs. This section specifies that the advertising of the digital products on the website is an "invitation to treat" rather than a contractual offer. Accordingly, a contract for the supply of the digital products will only come into force in accordance with the relevant download T&Cs. Second, the section provides that prices for digital products may be incorrectly quoted. Third, it highlights that separate T&Cs will cover the sale and licensing of the digital products. And fourth, it states that digital product reviews submitted to the website are covered by the standard user-content licensing and warranties provisions. (This last provision is optional, and can be removed if there is no opportunity for users to provide reviews of digital products.)
In addition to this special section, a full range of more general sections are included. These cover such matters as the copyright in website content; the use of the website; the creation, management and deletion of user accounts; the licensing of user content; warranties in relation to user content; reporting abuse; and limitations of liability.
A disclaimer in relation to third party websites, which may be visited through links on the website, is also included.
A flexible variation section allows for the T&Cs to be amended by the website operator by: (i) publishing the revised T&Cs on the website; (ii) notifying users; or (iii) both publishing the revised T&Cs and requiring consent from registered users. The most suitable method of variation will depend upon the nature of the website.
Finally, this template will assist a website operator in making legally-required disclosures under company legislation and ecommerce laws.