Terms & Conditions and Privacy Policy of Website/Mobile App in India

Terms & Conditions and Privacy Policy of Website/Mobile App in India

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“If your business is not on the Internet, than your business will be out of Business- Bill Gates”

Introduction

Online business or e-commerce business is the new way of taking your business to the next level. Everyday thousands of mobile applications and websites are hitting the global audience directly on their smart phones; even most of the traditional businesses are now widening their horizon through online and e-commerce business. From food to entertainment, from imparting education to beauty and wellness, from investments to expenses tracking,  from health and fitness to language learning and machine coding, from fashion to hospitality services, from multi vendor products platform to customized services and many more business are now going online via website and android or ios mobile applications. This contemporary form of doing business gearing up more quickly in the current covid-19 pandemic period, when it is typical to reach physically to the public, online business is the only and easiest way to reach the potential business audience.

Having said that it seems easy to design and develop the website and/or mobile application according to the business model and customer preferences but at the same time one need to be very careful while drafting the website/mobile application policy. The website/mobile application drafting is as technical as its programming and business need to understand the sanctity of the same.

What is Website/Mobile Application?

A website policy includes a text section of your website that tells guests and probable customers and clients exactly what are the terms of use of the website and what data you collect from them.

Why Online Business Platforms needs Website/Mobile Application Policy?

All online businesses need terms of service agreement and privacy policy prominently displayed on their website as well as app. Most users ignore them and perhaps wonder whether they’re of any use at all, but all entrepreneurs know their importance. The terms of service agreement explains the conditions on which service is being delivered.

Online Privacy Policy: Website Privacy Policy, Terms & Conditions Agreement along with Disclaimer (User Policy) is a legal document which states that any information which is being gathered by any website will not be disclosed to the third party without any permission or legal action.

The Legal Prerequisite of having Website Policy

According to the Information Technology Rule, 2011 in India there is a corporate body to provide a privacy policy for handling of or dealing in personal information, making the privacy policy a must-have for websites.

What Constitutes a Complete Website/Mobile Application Policy?

  1. Terms of Use of the Website/App: The “terms of use or the terms and conditions” document is the most important and the lengthiest document in the entire website policy and therefore it needs to cover the business model into the legal boundaries to avoid any kind of future litigation. As the name suggest it set out the periphery in which the User can use the service provided by the website as it defines how the website will operate and what are the obligations of the Company and the User respectively. It is a bipartite agreement between the user and the company which the user must agree to and abide by in order to use a website or service. This document needs most dynamic drafting as each business is quite unique in its own way and to provide it legal shield one needs to be very careful while drafting the same.
  • Privacy Policy of the Website/App: The next important legal document in website policy is the privacy policy is a statement which discloses some or all of the ways how the company or business will gathers, uses, discloses, and manages a customer or client’s data. Their privacy laws apply not only to government operations but also to private enterprises and commercial transactions.
  •  Disclaimer of the Website/App: A disclaimer is a statement/notice informing the user of any product or service of the possible consequences of the same. The law mandates the display of a disclaimer in certain cases, such as where there is an inherent risk of harm to one’s health (the warnings displayed on cigarettes are a prime example), but are used commonly in all product and service literature. A disclaimer helps to clearly establish/limit one’s rights and liabilities with respect to the user of a particular product or service. It is used in situations which involve an element of risk or uncertainty.

Advantages of Website/Mobile Application Policy

  1. Curtail Legal and Other Risk– A well-drafted web policy helps you in avoiding ambiguity and minimizing legal risks.
  2. Builds Transparency- It discloses how a customer or client’s personal information will be collected, stored, and disclosed to third parties and used on the site.
  3. Set out the Rights and Obligation of Both Parties- It helps in clearly outlines the rights and liabilities of the website/application owner. A properly drafted website terms and conditions and privacy policy provide protection against potential claims that may arise from users of your website.

We, the Professional of Aapka Consultant provides the best legal drafting of website Policy of the Website along with Privacy Policy and Disclaimer of the Website and App in highly professional manner. You can get it drafted from the professionals of the Aapka Consultant.

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