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Legal basis for Terms & Conditions for a Website
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Legal basis for Terms & Conditions for a Website 1 year, 8 months ago #185

  • angel250
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Hi! I am working for a small BPO/KPO company and I work as a business development researcher. As of the moment, I am tasked to come up with a set of Terms and Conditions of Usage for a proposed website. I would like to ask what laws are usually considered as basis for setting up this kind of "contract". Do we already have existing cyber laws?

Key Sections of the Terms and Conditions for the proposed website are as follows:

1. Privacy Statement

2. Confidentiality

3. Disclaimer
Exclusions and Limitations

4. Payment

5. Cancellation Policy

6. Termination of Agreements and Refunds Policy

7. Availability

8. Log Files

9. Cookies

10. Links to this website

11. Links from this website

12. Copyright Notice

Please provide me with a least a simple link/list of laws that these sections fall under. Thanks

Re:Legal basis for Terms & Conditions for a Website 1 year, 8 months ago #187

  • xcerena
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try these links
www.digitalfilipino.com/writing_article.cfm?id=20
www.chanrobles.com/philippinecommercelaw.htm

you can also look at the obligations and contracts provision of the Civil Code which you can also access from the chan robles site.

Re:Legal basis for Terms & Conditions for a Website 1 year, 8 months ago #199

  • angel250
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Thanks for this info.

Re:Legal basis for Terms & Conditions for a Website 1 year, 8 months ago #200

  • lawlessman
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The Terms and conditions in a website can take the form of a contract of adhesion as referred in Obligations in Contracts. Usually, people who use the website are made to agree expressly or impliedly with the Terms and Conditions. If by the text and nature of the terms, it is a contract, it serves as the law between the parties.

Terms and conditions are different in every website, it depends on the services offered. You can make your own or modify the common templates like the one you mentioned above.

The terms and conditions being a contract of adhesion is binding upon the parties as far as the provisions which are not in conflict with Philippines Laws are concerned. Any doubt in the interpretation will be construed liberally in favor of the user of the website and strictly against the website owner/ company.
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