It is a legal requirement in terms of section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) to place your company’s Ts&Cs on the company’s website.

In addition to being legally mandated by ECTA to do so, it is important to have your Ts&Cs on your company’s website for the following reasons:

  • the Ts&Cs act as a legally binding contract between the company and website users, and set the rules and guidelines that users must agree to and follow in order to use and access the website and/or mobile app;
  • the Ts&Cs can inform website users that all intellectual property in the form of logos, taglines, photos etc. included on the website are the property of the company;
  • the Ts&Cs can limit the company’s liability in situations where errors are found in the content that is presented on the website; and
  • the Ts&Cs set the jurisdiction and thus the law that would govern any disputes.