Terms and Conditions is type of legal contract between the Company (Website/ App owner) and people visiting and using the website/app. It is a set of rules and regulations which needs to be followed before availing any services offered by that particular website or mobile Application. Those are specifications and standards embodied in the agreement or contract. The terms of the Terms and Conditions are non-negotiable. They mainly include but is not limited to, the description of the website, the mode and method of payment, disclaimers, age restrictions, intellectual property and claims handling mechanism, third- party site restrictions, end-user restrictions, etc.

Terms of use are set of rules or specifications explaining how to use the website/app. They describe the manner in which the user has to use the services of the website and app. It may describe the age limit to use certain services, some general conditions, necessary equipment and software, third party website and liability and proprietary rights in the contents of particular website/app.

Terms and Conditions are useful as they clearly lay down the terms that a user has to abide by before he starts using the website/application. It protects a business’s interest against dishonest users who may try to take advantage of his/her position. Moreover, you can provide good customer service as it maintains transparency between the parties. Terms and conditions minimizes your chances of getting into legal dispute and chances of mater being dragged to the court. The written terms and conditions help you comply with the law and gives you freedom to choose the courts or even certain outside court settlement procedures. It sets the mode and method of delivery and stops mismatching expectations by the consumers (as you would only perform things which you have specifically mentioned in those terms and conditions). You can also limit your liabilities by including some and excluding others in terms and conditions.

If somebody breaches Terms and Conditions, you are entitled to claim the damages /or enforce remedies that are prescribed in your favor within those Terms. You can even stop the infringer from availing further services of your website/app once the breach has occurred or take any necessary steps as you deem fit. It is important to note that those remedies which you would like to avail should be mentioned in your terms and conditions or in Terms of Use document.

There is no as such difference between the Terms of Use and the Terms of Conditions. While giving the title for your online platform, you can give any of these titles. The difference lies in what has been stated under the heading by the company/ the language used by the company. What is important is your Terms and Conditions and Terms of Use should be updated to provide you with required protection.

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