Create a comprehensive customised contract:
Your Terms of Service should be placed in a noticeable location on your website. Most websites add them as a hyperlink (a link to another web page) in the footer, however this is not ideal as it is required that your terms and conditions be conspicuous.
There are two ways in which you can display your terms and conditions agreement so they may be most likely to be enforceable. These are:
1. A Clickwrap Agreement: This form of agreement includes a click box or check box, which must be clicked on by the user indicating that they have read and agree to the websites Terms and Conditions before they can proceed any further on the website.
2. A Browsewrap Agreement: This type of agreement doesn't require any action on behalf of the user but instead indicates that by usage of the website the terms and conditions are agreed to. The hyperlink to the website's Terms and Conditions should be very conspicuous, must take the user directly to the Terms and Conditions Agreement and clearly state that by continuing to use the website and it's services, the user is agreeing to the Terms and Conditions.
PIPEDA stands for Personal Information Protection and Electronic Documents Act. It is a federal privacy law which applies to private sector organizations in Canada who collect, use or disclose personal information for commercial activity. PIPEDA law regulates how businesses collect, use and disclose personal information from their customers for use in a commercial activity. But […]