Terms & Conditions

Key Takeaways

• Document title: WebGuide – Website Terms of Use & Privacy Policy
• Applicable law referenced: Electronic Communications and Transactions Act 25 of 2002 (Section 11; Chapter VII Consumer Protection; Sections 42–46)
• Applicable law referenced: Copyright Act 1978 (copyright/ownership categories such as literary works and computer programs)
• Applicable law referenced: Regulation of Interception of Communications Act 70 of 2002 (general rule and exceptions; sections 5 and 6)
• Binding agreement concept: Website Terms/Terms of Use is enforceable in court (between website owner and user)
• Key implementation requirement: Terms of Use must be available via a hyperlink from every page
• Hyperlink guidance: hyperlink title should indicate it leads to “terms and conditions/terms of use/legal terms” and should be reasonably visible (preferably at top)
• User access requirement: users should be able to download, save and print the terms (per ECT Act Section 11(3))
• Retention requirement: retain all versions of website Terms/Terms of Use for evidence in disputes
• Controls suggested: use protected PDF or protected HTML to prevent easy alteration; avoid placing terms only at bottom of page
• Privacy policy guidance: ensure Privacy Policy is visible prior to submission of personal information and linked in the Terms of Use where referenced
• Step 1: management/board approval for Terms of Use
• Step 2: publish Terms of Use on a separate page in non-editable format (encrypted PDF/protected HTML); conversion services offered by De Klerk & van Gend Attorneys
• Annexures: protected PDF format, protected HTML format, hyperlink at top example, and recommended privacy policy position
• De Klerk & van Gend Attorneys
• Gerrie van Gaalen
• dkvg.co.za (website domain referenced)
• Electronic Communications and Transactions Act 25 of 2002
• Copyright Act 1978
• Regulation of Interception of Communications Act 70 of 2002