1. Introduction
1.1 These
terms and conditions shall govern your use of our website.
1.2 By
using our website, you accept these terms and conditions in full; accordingly,
if you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
1.3 If
you [register with our website, submit any material to our website or use any
of our website services], we will ask you to expressly agree to these terms and
conditions.
1.4 You
must be at least [18] years of age to use our website; by using our website or
agreeing to these terms and conditions, you warrant and represent to us that
you are at least [18] years of age.
1.5 Our
website uses cookies; by using our website or agreeing to these terms and
conditions, you consent to our use of cookies in accordance with the terms of
our [privacy and cookies policy].
2. Credit
2.1 This
document was created by Beyond Laboratory(http://www.beyondlaboratory.com).
3. Copyright notice
3.1 Copyright
(c) [year(s) of first publication] [full name].
3.2 Subject
to the express provisions of these terms and conditions:
(a) we,
together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
and
(b) all
the copyright and other intellectual property rights in our website and the
material on our website are reserved.
4. Licence to use website
4.1 You
may:
(a) view
pages from our website in a web browser;
(b) download
pages from our website for caching in a web browser;
(c) print
pages from our website;
(d) [stream
audio and video files from our website]; and
(e) [use
[our website services] by means of a web browser],
subject
to the other provisions of these terms and conditions.
4.2 Except
as expressly permitted by Section 4.1 or the other provisions of these terms
and conditions, you must not download any material from our website or save any
such material to your computer.
4.3 You
may only use our website for [your own personal and business purposes], and you
must not use our website for any other purposes.
4.4 Except
as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
4.5 Unless
you own or control the relevant rights in the material, you must not:
(a) republish
material from our website (including republication on another website);
(b) sell,
rent or sub-license material from our website;
(c) show
any material from our website in public;
(d) exploit
material from our website for a commercial purpose; or
(e) redistribute
material from our website.
4.6 Notwithstanding
Section 4.5, you may redistribute [our newsletter] in [print and electronic
form] to [any person].
4.7 We
reserve the right to restrict access to areas of our website, or indeed our
whole website, at our discretion; you must not circumvent or bypass, or attempt
to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You
must not:
(a) use
our website in any way or take any action that causes, or may cause, damage to
the website or impairment of the performance, availability or accessibility of
the website;
(b) use
our website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(c) use
our website to copy, store, host, transmit, send, use, publish or distribute
any material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software;
(d) [conduct
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent];
(e) [access
or otherwise interact with our website using any robot, spider or other
automated means[, except for the purpose of [search engine indexing]]];
(f) [violate
the directives set out in the robots.txt file for our website]; or
(g) [use
data collected from our website for any direct marketing activity (including
without limitation email marketing, SMS marketing, telemarketing and direct
mailing)].
[additional list items]
5.2 You
must not use data collected from our website to contact individuals, companies
or other persons or entities.
5.3 You
must ensure that all the information you supply to us through our website, or
in relation to our website, is [true, accurate, current, complete and
non-misleading].
6. Registration and
accounts
6.1 To
be eligible for [an account] on our website under this Section 6, you must [be
resident or situated in the United Kingdom].
6.2 You
may register for an account with our website by [completing and submitting the
account registration form on our website, and clicking on the verification link
in the email that the website will send to you].
6.3 You
must not allow any other person to use your account to access the website.
6.4 You
must notify us in writing immediately if you become aware of any unauthorised
use of your account.
6.5 You
must not use any other person's account to access the website[, unless you have
that person's express permission to do so].
7. User login details
7.1 If
you register for an account with our website, [we will provide you with] OR
[you will be asked to choose] [a user ID and password].
7.2 Your
user ID must not be liable to mislead and must comply with the content rules
set out in Section 10; you must not use your account or user ID for or in
connection with the impersonation of any person.
7.3 You
must keep your password confidential.
7.4 You
must notify us in writing immediately if you become aware of any disclosure of
your password.
7.5 You
are responsible for any activity on our website arising out of any failure to
keep your password confidential, and may be held liable for any losses arising
out of such a failure.
8. Cancellation and
suspension of account
8.1 We
may:
(a) [suspend
your account];
(b) [cancel
your account]; and/or
(c) [edit
your account details],
at
any time in our sole discretion without notice or explanation.
8.2 You
may cancel your account on our website [using your account control panel on the
website].
9. Your content:
licence
9.1 In
these terms and conditions, "your content" means [all works and
materials (including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files) that you
submit to us or our website for storage or publication on, processing by, or
transmission via, our website].
9.2 You
grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to
[use, reproduce, store, adapt, publish, translate and distribute your content
in any existing or future media] OR [reproduce, store and publish your content
on and in relation to this website and any successor website] OR [reproduce,
store and, with your specific consent, publish your content on and in relation
to this website].
9.3 You
grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You
grant to us the right to bring an action for infringement of the rights
licensed under Section 9.2.
9.5 You
hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
applicable law.
9.6 You
may edit your content to the extent permitted using the editing functionality
made available on our website.
9.7 Without
prejudice to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You
warrant and represent that your content will comply with these terms and
conditions.
10.2 Your
content must not be illegal or unlawful, must not infringe any person's legal
rights, and must not be capable of giving rise to legal action against any
person (in each case in any jurisdiction and under any applicable law).
10.3 Your
content, and the use of your content by us in accordance with these terms and
conditions, must not:
(a) be
libellous or maliciously false;
(b) be
obscene or indecent;
(c) infringe
any copyright, moral right, database right, trade mark right, design right,
right in passing off, or other intellectual property right;
(d) infringe
any right of confidence, right of privacy or right under data protection
legislation;
(e) constitute
negligent advice or contain any negligent statement;
(f) constitute
an incitement to commit a crime[, instructions for the commission of a crime or
the promotion of criminal activity];
(g) be
in contempt of any court, or in breach of any court order;
(h) be
in breach of racial or religious hatred or discrimination legislation;
(i) be
blasphemous;
(j) be
in breach of official secrets legislation;
(k) be
in breach of any contractual obligation owed to any person;
(l) [depict
violence[ in an explicit, graphic or gratuitous manner]];
(m) [be
pornographic[, lewd, suggestive or sexually explicit]];
(n) [be
untrue, false, inaccurate or misleading];
(o) [consist
of or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage];
(p) [constitute
spam];
(q) [be
offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory]; or
(r) [cause
annoyance, inconvenience or needless anxiety to any person].
[additional list items]
11. Limited warranties
11.1 We
do not warrant or represent:
(a) the
completeness or accuracy of the information published on our website;
(b) that
the material on the website is up to date; or
(c) that
the website or any service on the website will remain available.
11.2 We
reserve the right to discontinue or alter any or all of our website services,
and to stop publishing our website, at any time in our sole discretion without
notice or explanation; and save to the extent expressly provided otherwise in
these terms and conditions, you will not be entitled to any compensation or
other payment upon the discontinuance or alteration of any website services, or
if we stop publishing the website.
11.3 To
the maximum extent permitted by applicable law and subject to Section 12.1, we
exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.
12. Limitations and
exclusions of liability
12.1 Nothing
in these terms and conditions will:
(a) limit
or exclude any liability for death or personal injury resulting from
negligence;
(b) limit
or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit
any liabilities in any way that is not permitted under applicable law; or
(d) exclude
any liabilities that may not be excluded under applicable law.
12.2 The
limitations and exclusions of liability set out in this Section 12 and
elsewhere in these terms and conditions:
(a) are
subject to Section 12.1; and
(b) govern
all liabilities arising under these terms and conditions or relating to the
subject matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
conditions.
12.3 To
the extent that our website and the information and services on our website are
provided free of charge, we will not be liable for any loss or damage of any
nature.
12.4 We
will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
12.5 We
will not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We
will not be liable to you in respect of any loss or corruption of any data,
database or software.
12.7 We
will not be liable to you in respect of any special, indirect or consequential
loss or damage.
12.8 You
accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
13. Breaches of these
terms and conditions
13.1 Without
prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may:
(a) send
you one or more formal warnings;
(b) temporarily
suspend your access to our website;
(c) permanently
prohibit you from accessing our website;
(d) [block
computers using your IP address from accessing our website];
(e) [contact
any or all of your internet service providers and request that they block your
access to our website];
(f) commence
legal action against you, whether for breach of contract or otherwise; and/or
(g) [suspend
or delete your account on our website].
[additional list items]
13.2 Where
we suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or
prohibition or blocking[ (including without limitation [creating and/or using a
different account])].
14. Variation
14.1 We
may revise these terms and conditions from time to time.
14.2 [The
revised terms and conditions shall apply to the use of our website from the
date of publication of the revised terms and conditions on the website, and you
hereby waive any right you may otherwise have to be notified of, or to consent
to, revisions of these terms and conditions.] OR [We will give you written
notice of any revision of these terms and conditions, and the revised terms and
conditions will apply to the use of our website from the date that we give you
such notice; if you do not agree to the revised terms and conditions, you must
stop using our website.]
14.3 If
you have given your express agreement to these terms and conditions, we will
ask for your express agreement to any revision of these terms and conditions;
and if you do not give your express agreement to the revised terms and
conditions within such period as we may specify, we will disable or delete your
account on the website, and you must stop using the website.
15. Assignment
15.1 You
hereby agree that we may assign, transfer, sub-contract or otherwise deal with
our rights and/or obligations under these terms and conditions.
15.2 You
may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these terms and
conditions.
16. Severability
16.1 If
a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions
will continue in effect.
16.2 If
any unlawful and/or unenforceable provision of these terms and conditions would
be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A
contract under these terms and conditions is for our benefit and your benefit,
and is not intended to benefit or be enforceable by any third party.
17.2 The
exercise of the parties' rights under a contract under these terms and
conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject
to Section 12.1, these terms and conditions[, together with [our privacy and
cookies policy],] shall constitute the entire agreement between you and us in
relation to your use of our website and shall supersede all previous agreements
between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These
terms and conditions shall be governed by and construed in accordance with
[English law].
19.2 Any
disputes relating to these terms and conditions shall be subject to the
[exclusive] OR [non-exclusive] jurisdiction of the courts of [England].
20. Statutory and
regulatory disclosures
20.1 We
are registered in [trade register]; you can find the online version of
the register at [URL], and our registration number is [number].
20.2 We
are subject to [authorisation scheme], which is supervised by [supervisory
authority].
20.3 We
are registered as [title] with [professional body] in [the
United Kingdom] and are subject to [rules], which can be found at [URL].
20.4 We
subscribe to [code(s) of conduct], which can be consulted electronically
at [URL(s)].
20.5 Our
VAT number is [number].
21. Our details
21.1 This
website is owned and operated by [name].
21.2 We
are registered in [England and Wales] under registration number [number],
and our registered office is at [address].
21.3 Our
principal place of business is at [address].
21.4 You
can contact us:
(a) [by
post, using the postal address [given above]];
(b) [using
our website contact form];
(c) [by
telephone, on [the contact number published on our website from time to time]];
or
(d) [by
email, using [the email address published on our website from time to time]].
[additional list items]
Free website terms and conditions: drafting notes
This is a free version of our
standard website terms and conditions document. It is identical to that
document, save that this version includes an Beyond Laboratorycredit. In addition to the provisions that would
typically be included in any set of website terms and conditions, this document
includes provisions covering user accounts and user-generated content (although
the latter are not as detailed as in some of our more sophisticated website
terms and conditions documents). If your
website does not feature user accounts or interactive features, you may wish to
consider our website disclaimer document instead of these terms and conditions.
Section 1: Introduction
Section 1.2
Optional element.
The completed document should be
easily accessible on the website, with a link from every page.
Section 1.3
Optional element. Will all or any
website users give their express consent to the terms of this document?
Ideally, from a legal perspective,
all users would be asked to expressly agree to the terms of the document.
However, in practice, express consent is rarely sought from casual website
visitors. On the other hand, it is easy to obtain the express consent of users
who register with the website or submit any material to the website, e.g. by
clicking "I accept" on an electronic version of the document. You
should retain evidence of the acceptance of the document terms by each such
user.
·
Under what
circumstances will users be asked to give their express consent to the terms of
this document?
Section 1.4
Optional element. Are there any
age restrictions on the use of the website?
The use of websites by minors can
be legally problematic. There are a number of different legal issues. For example,
under English law, contracts may be unenforceable against minors. Another issue
concerns data protection. The law of data protection imposes additional burdens
in relation to the processing of any personal data of a minor and personal data
provided by a minor. The effects of the law of indecency may also depend upon
whether a website is accessible by minors. Obviously, the inclusion of a
requirement in your terms and conditions that minors refrain from using a
website is no guarantee that they will do so. Where your website is directed
at, or likely to be used by, minors, we recommend that you seek specialist
legal advice.
·
What is the minimum
age for website users?
Section 1.5
Optional element. Does the website
use cookies (including session cookies and third party cookies)?
The inclusion of this statement in
your website legal documents will not in itself satisfy the requirements of the
Privacy and Electronic Communications (EC Directive) Regulations 2003 (as
amended) concerning consent to the use of cookies. Guidance concerning methods
of obtaining such consent is included on the Information Commissioner's website
(http://www.ico.gov.uk).
·
What is the title of
the document on the website that contains cookie information?
Section 2: Credit
Section: Free documents licensing warning
Optional element. Although you
need to retain the credit, you should remove the inline copyright warning from
this document before use.
Section 3: Copyright notice
Section 3.1
·
What was the year of
first publication of the relevant copyright material (or the range of years)?
·
Who is the principal
owner of copyright in the website?
Section 4: Licence to use website
The scope of the licence to use
will vary with each site. Consider carefully exactly what your users should be
allowed to do with your website and material on your website.
Section 4.1
·
Will audio and/or
video files be published on the website?
·
Will the website
make available any dynamic services to users?
·
Describe the website
services in question.
Section 4.2
Optional element.
Section 4.3
Optional element.
·
For what purposes
may the website be used?
Section 4.4
Optional element.
Section 4.6
Optional element. Are users
permitted to redistribute any specific content from the website (e.g.
newsletters)?
·
What types of
content are redistributable?
·
In what formats may
redistributable content be redistributed?
·
To whom may
redistributable content be redistributed?
Section 5: Acceptable use
Section 5.1
·
Should automated
interactions with the website be prohibited?
·
Will the website incorporate
a robots.txt file?
·
Should users be
prohibited from using the website for direct marketing activity?
Section 5.2
Optional element. Should the use
of data collected from the website to contact people and businesses be
prohibited?
Section 5.3
Optional element.
·
What standard of
veracity etc should user-submitted content meet?
Section 6: Registration and accounts
Section 6.1
Optional element. Do any
eligibility criteria apply to account registration?
·
What eligibility
criteria apply?
Section 6.2
·
How do users
register with the website?
Section 6.3
Optional element. Will users be
permitted to share their accounts?
Section 6.4
Optional element.
Section 6.5
Optional element.
·
Are users permitted
to use another person's account on the website with the permission of that
other person?
Section 7: User login details
Section 7.1
·
How will users'
login details be generated?
·
What account
credentials will users have upon account creation?
Section 7.2
Optional element.
Section 7.3
Optional element.
Section 7.4
Optional element.
Section 7.5
Optional element.
Section 8: Cancellation and suspension of account
Section 8.1
·
Which of these
general rights over user accounts does the website operator have?
Section 8.2
·
How can a user
cancel his or her account on the website?
Section 9: Your content: licence
Section 9.1
·
Define "your
content".
Section 9.2
·
What type of licence
do users grant to the website operator?
·
What does the
licence allow the website operator to do with user content?
Section 9.4
Optional element. Should the website
operator be granted a right to bring proceedings in respect of third party
infringements?
Section 9.5
Optional element. Should users be
asked to waive their moral rights (such as the right of paternity and the right
to object to derogatory treatment) in the content they submit to the website?
Section 9.6
Optional element. Can users edit
their own content after it has been posted to the website?
Section 10: Your content: rules
Section 10.2
This very general prohibition
against unlawful user content may be supplemented by rules relating to specific
kinds of illegality, as well as prohibitions upon lawful but undesirable
content.
Section 10.3
Optional element.
·
Do you want to
expressly prohibit the publication by users of information about how to commit
crimes and the promotion of criminal activities?
·
Should the depiction
of violence be prohibited?
·
Should the
prohibition on depicting violence be limited to explicit etc violence?
·
Should pornographic
material be prohibited?
·
Should the
prohibition on pornographic material be supplemented with a prohibition on
lewd, suggestive or sexually explicit material?
·
Should untrue,
false, inaccurate or misleading content be prohibited?
·
Should potentially
dangerous advice be prohibited?
·
Should spam be
prohibited?
·
Should offensive etc
material be prohibited?
·
Should annoying etc
material be prohibited?
Section 11: Limited warranties
Section 11.1
Optional element.
Section 11.2
Optional element.
Section 12: Limitations and exclusions of liability
Contractual limitations and exclusions
of liability are regulated and controlled by law, and the courts may rule that
particular limitations and exclusions of liability in contracts are
unenforceable. The courts are particularly likely to intervene where a
party is seeking to rely on a limitation or exclusion of liability in its
standard terms and conditions, but will also sometimes intervene where a term
has been individually negotiated. The courts may be more likely to rule
that provisions excluding liability, as opposed to those merely limiting
liability, are unenforceable. If there is a risk that any particular
limitation or exclusion of liability will be found to be unenforceable by the
courts, that provision should be drafted as an independent term, and be
numbered separately from the other provisions. It may improve the chances
of a limitation or exclusion of liability being found to be enforceable if the
party seeking to rely upon it specifically drew it to the attention of the
other party before the contract was entered into. Exclusions and limitations of
liability in UK contracts are primarily regulated by the Unfair Contract Terms
Act 1977 ("UCTA"). Contracts regulated by UCTA cannot exclude or
restrict a party's liability for death or personal injury resulting from
negligence (Section 2(1), UCTA). Except insofar as the relevant term
satisfies the requirements of reasonableness, such contracts cannot exclude or
restrict liability: (i) for negligence (which includes a breach of an express
or implied contractual obligation to take reasonable care or exercise
reasonable skill) (Section 2(2), UCTA); or (ii) for misrepresentation (Section
3, Misrepresentation Act 1967). In addition, if a contract is regulated by
UCTA, and one of the parties is dealing on the other's written standard terms of
business, then except insofar as the relevant contractual term satisfies the
requirements of reasonableness the other party cannot: (i) exclude or restrict
his liability in respect of a breach of contract; or (ii) claim to be entitled
to render a contractual performance substantially different from that which was
reasonably expected of him; or (iii) claim to be entitled, in respect of the
whole or any part of his contractual obligation, to render no contractual
performance at all (see Section 3, UCTA). UCTA includes various other
restrictions, particularly in the case of contracts for the sale of goods and
contracts under which possession or ownership of goods passes. If you wish
to try to limit/exclude for liability in respect of reckless, deliberate, personal
and/or repudiatory breaches of contract, you should specify this in relation to
the relevant provision (for example, using the following wording: "The
limitations and exclusions of liability in this Clause [number] will apply
whether or not the liability in question arises out of any reckless,
deliberate, personal and/or repudiatory conduct or breach of contract").
In many circumstances, however, the courts will find these types of limitations
and exclusions to be unenforceable. Somewhat different rules apply to
limitations of liability in contracts with consumers, and these provisions
should not be used in relation to such contracts. These guidance notes
provide a very incomplete and basic overview of a complex subject. Accordingly,
you should take legal advice if you may wish to rely upon a limitation or
exclusion of liability.
Section 12.1
Do not delete this provision
(except upon legal advice). Without this provision, the specific limitations
and exclusions of liability in the document are more likely to be
unenforceable.
Section 12.3
Optional element. Do you want to
attempt to exclude all liability for free services and information?
This sort of exclusion is quite
common, but unlikely to be enforceable in court.
Section 12.5
Optional element.
Section 12.6
Optional element.
Section 12.7
Optional element.
"Consequential loss" has
a special meaning in English law: it means any loss that, whilst not arising
naturally from the breach, was specifically in the contemplation of the parties
when the contract was made.
Section 12.8
Optional element. If the website
operator is a limited liability entity (e.g. a limited company), do you want to
expressly exclude liability on the part of officers and employees?
Section 13: Breaches of these terms and conditions
Section 13.1
·
Will account
suspension or deletion be a possibility here?
Section 13.2
Optional element.
·
Do you wish to
specify types of action that are prohibited here?
·
Detail the types of
action which are prohibited by this provision.
Section 14: Variation
Changes to legal documents
published on a website will not generally be retrospectively effective, and
variations without notice to and/or consent from relevant users may be
ineffective.
Section 14.2
·
Will website users
be notified of changes to the document?
Section 14.3
Optional element. Will registered
users be required to consent to variations?
Section 17: Third party rights
Optional element.
This provision is designed to
exclude any rights a third party may have under the Contracts (Rights of Third
Parties) Act 1999.
Section 18: Entire agreement
Section 18.1
·
What other documents
govern the use of the website?
Section 19: Law and jurisdiction
The questions of which law governs
a document and where disputes relating to the document may be litigated are two
distinct questions.
Section 19.1
This document has been drafted to
comply with English law, and the governing law provision should not be changed
without obtaining expert advice from a lawyer qualified in the appropriate
jurisdiction. In some circumstances the courts will apply provisions of their
local law, such as local competition law or consumer protection law,
irrespective of a choice of law clause.
·
Which law should
govern the document?
Section 19.2
In some circumstances your
jurisdiction clause may be overridden by the courts.
·
Should the
jurisdiction granted be exclusive or non-exclusive? Choose
"non-exclusive" jurisdiction if you may want to enforce the terms and
conditions against users outside England and Wales. Otherwise, choose
"exclusive jurisdiction".
·
The courts of which
country or jurisdiction should adjudicate disputes under the document?
Section 20: Statutory and regulatory disclosures
Do the Electronic Commerce (EC
Directive) Regulations 2002 apply to the website or is the website operator registered
for VAT?
This section can be deleted where
website operator is not registered for VAT and the Electronic Commerce (EC
Directive) Regulations 2002 do not apply. Generally, those Regulations will
apply unless a website is entirely non-commercial, i.e. where a website does
not offer any goods or services and does not involve any remuneration (which
includes remuneration for carrying AdSense or other advertising).
Section 20.1
Optional element. Is the website
operator registered in a trade or similar register that is available to the
public?
The Electronic Commerce (EC
Directive) Regulations 2002 provide that if you are "registered in a trade
or similar register available to the public", you must provide
"details of the register in which the service provider is entered and his
registration number, or equivalent means of identification in that
register".
·
What is the name of
the trade register?
·
At what URL can the
trade register be found?
·
What is the website
operator's registration number?
Section 20.2
Optional element. Is the website
operator subject to an authorisation scheme (e.g. under financial services
legislation)?
The Electronic Commerce (EC
Directive) Regulations 2002 provide that "where the provision of the
service is subject to an authorisation scheme" you must provide "the
particulars of the relevant supervisory authority".
·
What is the name of
the authorisation scheme to which the website operator is subject?
·
What authority
supervises the authorisation scheme?
Section 20.3
Optional element. Is the service
provider a member of a regulated profession (e.g. solicitors)?
The Electronic Commerce (EC
Directive) Regulations 2002 provide that if "the service provider
exercises a regulated profession", it must provide "(i) the details
of any professional body or similar institution with which the service provider
is registered; (ii) his professional title and the member State where that
title has been granted; (iii) a reference to the professional rules applicable
to the service provider in the member State of establishment and the means to
access them".
·
What is the website
operator's professional title?
·
Which professional
body regulates the website operator?
·
In which
jurisdiction was the professional title granted?
·
What is the name of
the document containing the rules governing the profession?
·
At what URL can the
rules be found?
Section 20.4
Optional element. Does the website
operator subscribe to any codes of conduct?
The Electronic Commerce (EC
Directive) Regulations 2002 provide that "a service provider shall
indicate which relevant codes of conduct he subscribes to and give information
on how those codes can be consulted electronically".
·
Identify the codes
of conduct in question.
·
Where can the codes
be viewed?
Section 20.5
Optional element. Is the website
operator registered for VAT?
·
What is the website
operator's VAT number?
Section 21: Our details
Optional element.
UK companies must provide their
corporate names, their registration numbers, their place of registration and
their registered office address on their websites (although not necessarily in
this document). Sole traders and partnerships that carry on a business in the
UK under a "business name" (i.e. a name which is not the name of the
trader/names of the partners or certain other specified classes of name) must
also make certain website disclosures: (i) in the case of a sole trader, the
individual's name; (ii) in the case of a partnership, the name of each member
of the partnership; and (iii) in either case, in relation to each person named,
an address in the UK at which service of any document relating in any way to
the business will be effective. All websites covered by the Electronic Commerce
(EC Directive) Regulations 2002 must provide a geographic address (not a PO Box
number) and an email address. All website operators covered by the Provision of
Services Regulations 2009 must also provide a telephone number.
Section 21.1
·
What is the name of
the company, partnership, individual or other legal person or entity that owns
and operates the website?
Section 21.2
Optional element. Is the relevant
person a company?
·
In what jurisdiction
is the company registered?
·
What is the
company's registration number or equivalent?
·
Where is the
company's registered address?
Section 21.3
Optional element.
·
Where is the
relevant person's head office or principal place of business?
Section 21.4
Optional element.
·
By what means may
the relevant person be contacted?
·
Where is the
relevant person's postal address published?
·
Either specify a
telephone number or give details of where the relevant number may be found.
·
Either specify an
email address or give details of where the relevant email address may be found.