A website’s terms and conditions of use are only enforceable if the user makes an affirmative assent to be bound by the terms. This most often achieved by making a user click an “I agree” box prior to accessing the website or paying for services.
Once the user clicks “I agree”, acknowledging (1) that they have read and understand the terms and (2) they agree to be bound by the terms, a contract between you and the user is formed. You can rely on those terms to govern your legal relationship with the user.
Sorting out who owns what and what liabilities you may be exposed to because of the type of services you offer must be determined before allowing users on to your site. If you are setting up a website for your business, please contact us to help ensure that your liabilities are minimized and your business is protected.
Conor Cronin is a lawyer in our Business Law Group. Conor can be reached at 613.566.2155 or firstname.lastname@example.org.