Last updated: July 8th, 2020 1:07 PM

Website Terms and Conditions Template

Website Terms & Conditions is a legal document that details the terms and conditions that the user must abide by while using a website or e-commerce platform or mobile application. Website terms and conditions agreement usually provides terms of use of the website or mobile application, details of trademark or copyright rights, disclaimer of liability, acceptable use clause, details to be provided as per the Information Technology Act, 2000  and applicable jurisdiction in case of dispute.  

Displaying Website Terms and Conditions

Website Terms & Conditions can be used by any website that is a blog or website or website offering services to the public or by an e-commerce website. Its important for all websites to information users of their legal rights and restrict the use of information and any other sensitive data or details displayed on the website. Website Terms & Conditions can be displayed on the website in a prominent place at the footer of the website. The document must have a last change date and details as required under Information Technology Act, 2000.

Requirements under Information Technology Act, 2000

Under the Information Technology Act, 2000, all corporates, businesses and entities dealing or handling sensitive personal data or information is required to maintain security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment. Further, all corporates, businesses and entities dealing or handing data or information are required to provide information called for by Competent Authorities and comply with all directions of the Information Technology Act, 2000, Information Technology Amendment Act, 2008 and the Information Technology Rules.

Penalties under Information Technology Act

The Information Technology Act lists various offences and provides for penalties for such offences.

Tampering with Computer Source Documents

Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code, computer programme, computer system or computer network, is punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Hacking with Computer Systems

Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking. Whoever commits hacking is punishable with imprisonment of up to three years, or with fine which may extend upto two lakh rupees, or with both.

Publishing Obscene Information

Whoever publishes or transmits or causes to be published in the electronic form, any material which is obscene or corrupt persons, can be punished on first conviction with imprisonment for a term which may extend to five years and with fine which may extend to ten lakh rupees. In the event of a second or subsequent conviction,  an imprisonment for a term which may extend to seven years and a fine of rupees ten lakhs.

Sending Offensive or Publishing False Information

Any person who by means of a computer or communication device engages in any of the following activities can be punishable with imprisonment for a term of three years and with a fine.

• Sending information that is grossly offensive or has menacing character.
• Sending information that he/she knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently.
• Sending email for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages.

Receiving Stolen Computer Data or Devices

Any person who dishonestly receives or retains any stolen computer resources or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, can be punished with imprisonment for a term of upto three years and/or with a fine which can extend upto one lakh rupees. [caption id="attachment_108308" align="aligncenter" width="1116"] Website-Terms-and-Conditions-Template