Consent and Variation
You should prohibit users from doing anything unlawful or anything that might put your business into disrepute. You may also want to prohibit:
- anything that would breach another person’s privacy;
- using the site to harass or defame another person;
- tampering with the site, like uploading viruses or doing anything that may damage or interfere with the site; and
- posting links to the site in a way that would make others think you are affiliated or in partnership.
Intellectual Property (IP)
Your website includes several IP assets, including your brand name, logos, photos, videos and audio. If you invest time and money in professional photos or marketing campaigns for your website, you should ensure that you own the content and IP, or have a licence to use it. Most importantly, you should prohibit your users from using or reproducing any of your content without your permission. The last thing you want to see is your content on a competitor’s website.
Social media has become embedded in digital marketing. It may, therefore, be useful to allow users to share your content to a degree and generate free marketing. If you do so, ensure you clearly draft procedures within your terms regarding who, where and how others can share your content.
Third Party Disclaimers
Your e-commerce website may have links to third-party sites. If so, it is important to include a disclaimer excluding your liability from anything a user may encounter on the third party website. Even if you have a paid partnership with a third party, you can only control your website. Therefore, you should limit your liability to your website.
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