The term EULA is widely abused: I've just finished a telephone conference where it was applied, by someone who should know better, to a proposed contract covering not only licensed software but also hosted software services, consultancy, support and much else besides. I therefore want to clarify what I mean by EULA and "end user".
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are coming into force next week. They include a detailed list of information that a trader must provide to a consumer in situations where the Regulations apply. Should you use the model instructions on cancellation to help you comply with this requirement, or should you draft special legal clauses for your contracts?
The list of information that must be supplied is set out in Schedule 2, and includes the following items:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply special rules to B2C distance contracts entered into via a website, as well as certain other contracts (not discussed here).
The Regulations, effective on 13 June 2014, replace the Consumer Protection (Distance Selling) Regulations 2000. See:
Whether you are purchasing legal forms and templates, seeking a medical diagnosis, getting insider information when choosing a school or university, or soliciting the opinions of product aficionados on a prospective purchase, there are many ways to get guidance and advice online - but what are the risks for those providing this guidance and advice?
Website operators facing defamation action over users’ posts can now rely on the new ‘website operator’ defence. To use the defence, the operator must comply with a prescribed process after receiving a notice of complaint about allegedly defamatory material posted online.
The defence follows increasing concerns about defamatory digital content posted by website users – particularly anonymous users. But a critical question is, just how useful and cost effective will the new defence be in practice?
What’s new?
Partnerships are an important part of many website marketing strategies, particularly content-based partnerships. Through such partnerships, a website operator can access the anonymous traffic, registered users and marketing lists of others. Just as important, an operator can gain access to original and relevant content for his or her own audience.
