Terms & Conditions Guide: Write a Legally Sound T&C for Your Site (2026)

• Limit liability — disclaim responsibility for user errors, content, and third-party links
• Define acceptable use — prohibit abuse, scraping, illegal activity
• Protect IP — assert ownership of your content and brand
• Control disputes — set jurisdiction, arbitration, governing law
• Refund and cancellation rules — for paid services
• Termination rights — when you can suspend accounts
• Compliance — required by Indian IT Rules 2021 for intermediaries

1. Acceptance of terms — user agrees by using the site
2. Definitions — key terms used throughout
3. Eligibility — minimum age, geographic restrictions
4. Account responsibilities — user obligations for credentials, security
5. Acceptable use — prohibited activities
6. Intellectual property — yours and user-generated content
7. Payments and refunds — for paid services
8. Disclaimers and limitations of liability
9. Indemnification
10. Termination
11. Governing law and jurisdiction
12. Dispute resolution — arbitration, courts
13. Modifications to terms
14. Contact information

IT Rules 2021 (Intermediary Guidelines)

• Publish T&C, Privacy Policy, and User Agreement on website
• Designate a Grievance Officer (name, contact, redressal mechanism)
• Display Grievance Officer details on every page
• Resolve user complaints within 15 days
• For social media intermediaries with 50 lakh+ users: additional Compliance Officer

DPDPA 2023 (Data Protection)

• Reference your Privacy Policy explicitly
• Specify lawful basis for data processing
• Mention user rights (access, correction, deletion)

Consumer Protection Act 2019

• For e-commerce: refund/return policy mandatory
• Display seller name, address, complaint procedure
• Misleading descriptions can trigger penalties up to INR 50 lakh

GST Compliance

• Display GSTIN if registered
• Tax-inclusive vs exclusive pricing must be clear

• Hidden in tiny footer link — courts may rule users didn't see it
• No "I agree" checkbox or signup acknowledgment — implicit consent is weaker
• Foreign jurisdiction for Indian users — Indian courts often invalidate "must sue in California" for Indian consumers
• Unilateral modification without notice — changing terms silently makes them unenforceable
• Excessive arbitration costs — unfair forced arbitration fees can be struck down
• Copy-pasted from US sites — references to laws that don't apply in India
• Disclaiming all liability for negligence — Indian courts won't enforce unfair waivers
• No grievance officer — IT Rules 2021 violation
• Refund policy unclear or absent — Consumer Protection Act issue

1. Click-wrap acceptance — checkbox "I agree to Terms" at signup is the strongest form
2. Browse-wrap with prominent notice — link in header/footer with text "by using this site, you agree..."
3. Notify users of changes — email registered users, in-app banner
4. Track acceptance with timestamp — log when user accepted what version
5. Reasonable terms — extreme one-sided terms get thrown out
6. Legal review for paid services — DIY templates work for free blogs; paid platforms need lawyer review
7. Mention governing law clearly — typically state of business registration