Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm and does not give legal advice.
Quick answer
Website terms and conditions set the rules for using your site: who operates it, acceptable use, intellectual property, disclaimers and limitation of liability, and the governing law (England and Wales). If you sell online, they should also cover orders, pricing, payment, delivery and consumer cancellation rights under the Consumer Contracts Regulations 2013. eLitigant drafts tailored terms.
① Draft it from scratch
Tell Chris how your site works — selling, accounts, user content — and Chris drafts website T&Cs matched to your risk profile, not a generic template.
② Check the draft you’ve written
Already have terms? Upload them and Chris reviews for overreaching exclusions, missing consumer rights and absent pre-contract information.
③ Received a complaint or notice?
Had a takedown demand, consumer dispute or Trading Standards query about your terms? Run it by Chris to understand your position.
Every website needs terms and conditions. They set the rules of the road between you and anyone who lands on your pages — what they can do, what they cannot, what you promise, what you disclaim. Done properly, website T&Cs limit liability, protect IP, and meet statutory duties. Done poorly, or not at all, they leave you exposed.
Need website T&Cs drafted?
Chris drafts to UK standard — consumer-compliant, enforceable, tailored. Build Your Document →
When Do You Need Website T&Cs?
Any public website. Minimum: informational site needs basic terms on permitted use, IP, disclaimers. Threshold rises when money changes hands, accounts created, UGC permitted, or services provided.
E-commerce selling to UK consumers: Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply — T&Cs must carry statutory pre-contract information and 14-day right to cancel. User interaction: acceptable use rules, content ownership, takedown. Children’s access: Online Safety Act 2023 and Age Appropriate Design Code duties.
What T&Cs Involve
Contract between site operator and user. Formed by conduct — browsing, registering, purchasing binds them provided terms properly presented and accepted.
Two principal types. General website T&Cs: permitted use, IP, disclaimers, limitation of liability. E-commerce T&Cs: layered with statutory obligations — pricing transparency, delivery terms, cancellation rights, confirmation, CRA 2015 quality standards.
The Legal Framework
- Consumer Rights Act 2015 — unfair terms in consumer contracts. Terms creating significant imbalance unenforceable. Core rights cannot be contracted out.
- Consumer Contracts Regulations 2013 — distance selling, pre-contract info, 14-day cancellation.
- Unfair Contract Terms Act 1977 — B2B + non-consumer. s.2 prohibits excluding negligence death/PI liability. s.3 controls standard terms.
- Electronic Commerce Regulations 2002 — disclose name, address, company details, VAT, acknowledge orders.
- UK GDPR + DPA 2018 — Privacy Policy cross-referenced.
- Online Safety Act 2023 — user-to-user content or children’s access.
- Equality Act 2010 — disability access.
- CDPA 1988 — IP ownership.
Essential Clauses
Definitions
“You”, “we”, “the Site”, “Content”, “User-Generated Content”, “Services”, “Goods”. Clear, lean.
Acceptance
Using the site constitutes acceptance. E-commerce: require positive tick-box at checkout (click-wrap). Browse-wrap weaker.
Permitted Use
Limited, revocable, non-exclusive licence for intended purpose. Personal non-commercial unless agreed.
Prohibited Use
No scraping, reverse-engineering, automated access, malicious code, harassment, IP infringement, impersonation, unlawful activity. Right to suspend/terminate.
User-Generated Content
User retains ownership, grants you worldwide royalty-free non-exclusive licence to host/display. Warrants rights to post. You may moderate but need not. Right to remove.
Intellectual Property
Site content, branding, code yours (or licensors’). No reproduction without consent. Narrow personal-use carve-out if appropriate.
Disclaimers
Disclaim warranties on accuracy, availability, fitness where lawful. “As is”. Disclaim third-party content/links.
Limitation of Liability
Cannot exclude death/PI negligence (UCTA s.2(1) absolute). Cannot exclude fraud. Cannot exclude CRA 2015 consumer rights. Cap at reasonable figure — amount paid or fixed sum. Exclude indirect/consequential loss. Overreaching = unenforceable.
Termination
Right to suspend/terminate for breach. Consequences: content deletion, access cessation, survival of clauses.
Governing Law and Jurisdiction
Laws of England and Wales. Exclusive jurisdiction. Consumer contracts: cannot deprive consumer of mandatory home jurisdiction protections.
Dispute Resolution
Tiered: informal complaint, mediation, court. E-commerce: signpost ADR if used. Cannot force consumers into binding arbitration.
E-Commerce Pre-Contract Information (2013 Regulations)
- Main characteristics of goods/services
- Trader identity, address, phone, email
- Total price including taxes
- Delivery and additional costs
- Payment, delivery, performance arrangements
- Complaint-handling policy
- 14-day right to cancel and how to exercise
- Model cancellation form (Schedule 3)
- Who bears return cost
- CRA 2015 statutory warranties
- Contract duration and termination
- Digital content functionality and interoperability
Failure to provide cancellation information extends cancellation to 12 months.
Click-Wrap vs Browse-Wrap
Click-wrap: user ticks box next to visible terms link. Strongest form, routinely enforced. Browse-wrap: footer link only, weaker. Courts ask about reasonable notice.
Any site with payment, accounts, or UGC: click-wrap. Positive tick (not pre-ticked — prohibited for additional payments under 2013 Regs). Log acceptance with timestamp and version.
Updating Terms
- Reserve right to update
- Publish “last updated” date
- Notify registered users of material changes with 14–30 days before effect
- Significant changes: require re-acceptance at next login
- Archive previous versions
- No retrospective application to completed transactions
Common Mistakes
- Copying from another site (risk-profile mismatch + copyright infringement)
- Overreaching liability exclusions (struck out entirely)
- Ignoring CRA 2015 consumer rights (void, Trading Standards enforcement)
- Missing 2013 Regs pre-contract information (criminal for certain breaches)
- Merging Privacy Policy into T&Cs (UK GDPR requires separate notice)
- Not versioning (cannot enforce what you cannot prove)
The Rules That Apply
- Consumer Rights Act 2015 Parts 1, 2, 3
- Consumer Contracts Regulations 2013 Regulations 9, 10, 13, 29, 30, 34, 35
- Unfair Contract Terms Act 1977 ss.2, 3, 11
- Electronic Commerce Regulations 2002 Regs 6, 9, 11
- UK GDPR Articles 12–14
- Online Safety Act 2023 Part 3
- CDPA 1988 ss.16, 17, 90
How Chris Can Help
Website terms are most copied and least understood on the internet. Chris drafts to your business model, risk appetite, jurisdiction. You describe the site, business, whether you sell, host UGC, serve children. Chris produces full document cross-referenced to current UK legislation in plain English.
Chris does not give legal advice. Chris drafts to your instructions at elite drafting standards. E-commerce at scale or high exposure: Draft my papers → adds concierge drafting.
7-day money-back guarantee. Not happy? We refund. We are miracle-makers, not miracle-workers.
Subscribe: Use the newsletter sign-up form below — court preparation tips and updates, free to your inbox.
Business matters: Speak for tailored responses using elite board methodology.
FAQ
Do I legally need website T&Cs?
No single statute says “every website must”. But if you sell, host UGC, process data, or limit liability, specified info disclosure is required under 2013 Regs and 2002 Regs. Most sites need them.
Can I copy another company’s T&Cs?
No. Different business, different risk profile. Copyright infringement. Draft your own.
Difference between T&Cs and Privacy Policy?
T&Cs govern contract. Privacy Policy: transparency under UK GDPR Articles 12–14. Separate documents, both needed.
Can I exclude all liability?
No. Cannot exclude death/PI negligence, fraud, CRA 2015 consumer rights. Reasonable cap enforceable. Overreaching = struck out.
How to make T&Cs enforceable?
Click-wrap: positive tick before action. Log acceptance with timestamp and version.
What is the 14-day cooling-off?
Consumers at distance: 14 days from delivery (goods) or conclusion (services) to cancel without reason. Failing to inform extends to 12 months.
B2B different?
Yes. Governed by UCTA 1977 primarily, not CRA 2015. Some exclusions void in consumer contracts are valid B2B if reasonable. Pre-contract information under 2013 Regs does not apply.
How often should I update?
At least annually and whenever law changes, business changes, or new features added.
Frequently asked questions
When do I actually need website terms and conditions?
Any public website benefits from basic terms covering permitted use, IP and disclaimers. The threshold rises sharply once money changes hands, accounts are created, user-generated content is permitted, or services are provided. E-commerce selling to UK consumers, sites with user interaction, and sites accessible to children all carry extra duties.
What is the difference between general and e-commerce terms?
General website T&Cs cover permitted use, IP, disclaimers and limitation of liability. E-commerce T&Cs are layered with statutory obligations — pricing transparency, delivery terms, cancellation rights, order confirmation and the quality standards of the Consumer Rights Act 2015.
Why can’t I just copy terms from another website?
Copying is one of the most common mistakes. It creates a risk-profile mismatch — the terms won’t match how your site actually operates — and can amount to copyright infringement. Terms should be drafted to your own circumstances.
Can I exclude all my liability in the terms?
No. You cannot exclude liability for death or personal injury caused by negligence (UCTA s.2(1) is absolute), cannot exclude fraud, and cannot contract out of Consumer Rights Act 2015 protections. Overreaching exclusions can be struck out entirely, leaving you with no protection at all.
What is click-wrap and why does it matter?
Click-wrap requires the user to tick a box next to a visible terms link — it is the strongest, routinely-enforced form of acceptance. Browse-wrap (a footer link only) is weaker. Any site with payment, accounts or user content should use click-wrap, with a positive (not pre-ticked) tick, logged with a timestamp and version.
What happens if I miss the e-commerce pre-contract information?
The 2013 Regulations require specific pre-contract information, including the model cancellation form and the 14-day right to cancel. Failure to provide the cancellation information extends the cancellation period, and certain breaches can carry serious consequences. Check the current requirements for your situation.
Get website terms that hold up
Drafted to your risk profile — consumer-compliant, enforceable, versioned.
One day · one matter · unlimited drafts · no subscription
Related guides: UK Privacy Policy guide · Cookie Policy guide · All civil court forms