Website and App Terms and Conditions Template (India) — Free Format
Website and app terms and conditions (T&C) are the contract between an online business and its users, setting out how the service may be used, what the business is responsible for and how disputes are handled. In India they are formed by user acceptance, such as ticking a box or clicking "I agree", and are valid under the Information Technology Act, 2000 and the Indian Contract Act, 1872.
Stamp, registration and e-sign at a glance
The three things to settle before anyone signs this agreement in India.
Click-wrap online terms are not normally stamped. If you sign a separate hard-copy master agreement with an enterprise customer, stamp it under your state's law.
Check your state's rateRegistration is not required.
T&C are accepted by users clicking or ticking a box rather than signing; this is valid under Section 10A of the Information Technology Act, 2000 if the user is shown the terms and takes a clear action. No stamp paper is used for online acceptance, but keep a time-stamped record of acceptance.
What cannot be e-signedWhat is a Terms and Conditions?
T&C set the rules for using a website, app or online service: accounts, acceptable use, payments and refunds, intellectual property, liability limits, termination and governing law. Section 10A of the IT Act, 2000 confirms that contracts formed through electronic means are not unenforceable merely because of their electronic form. T&C are separate from the privacy policy, which explains how personal data is processed under the DPDP Act, 2023.
When to use it
- Launching a website, mobile app or SaaS product open to the public
- Running an online marketplace or e-commerce store
- Opening user registrations, comments or user-generated content
- Offering paid subscriptions or digital products
Key clauses checklist
Make sure your draft covers each of these. Linked clauses open a sample wording with drafting tips.
- Acceptance and eligibility
- Accounts and security
- Acceptable use and prohibited content
- Payments, refunds and cancellation Sample clause
- Intellectual property and user content Sample clause
- Privacy and data protection Sample clause
- Disclaimers and limitation of liability Sample clause
- Suspension and termination Sample clause
- Grievance officer
- Governing law and jurisdiction Sample clause
Indian law notes
Online acceptance
Courts treat "click-wrap" acceptance (the user ticks a box or clicks to agree) as a stronger basis for a contract than "browse-wrap" terms linked in a footer. Make the T&C readable, show them before sign-up or payment, and keep a record of when each user accepted which version.
IT Act and intermediary rules
If you host user content, you may be an "intermediary" and rely on the safe harbour in Section 79 of the Information Technology Act, 2000. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require an intermediary to publish its rules and regulations, privacy policy and user agreement (Rule 3(1)(a) and (b)) and to tell users not to host prohibited content. Under Rule 3(2) the grievance officer must acknowledge a complaint within 24 hours and resolve it within 15 days. Add a named grievance officer and the complaint process.
E-commerce and consumers
Online sellers are subject to the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, which require disclosure of seller details, prices, return and refund terms and a grievance officer (Rule 4(4) and (5): acknowledge within 48 hours and redress within one month). One-sided terms can be treated as unfair contracts, and a clause cannot take away statutory consumer rights.
Personal data: DPDP Act, 2023
The Digital Personal Data Protection Act, 2023 requires a clear notice and valid consent before processing personal data, with rights to access, correction and withdrawal. Do not hide data consents inside the T&C; link a separate privacy notice. The Digital Personal Data Protection Rules, 2025 were notified on 13 November 2025 (G.S.R. 846(E)): consent-manager provisions apply from 13 November 2026, and the notice, consent, security, breach and data-principal-rights obligations (including erasure and grievance redress, Sections 11 to 13 of the Act) apply from 13 May 2027.
Limits on exclusion clauses
Courts can refuse to enforce terms that are opposed to public policy under Section 23 of the Contract Act, and Section 28 voids clauses that absolutely bar legal proceedings. A jurisdiction clause pointing to a particular city's courts is usually respected, but it cannot defeat a consumer's statutory right to sue where they live or work.
TERMS AND CONDITIONS
Last updated: [Date]
These Terms and Conditions ("Terms") govern your use of [Website / App Name] (the "Service") operated by [Company Name], a [company / LLP] incorporated in India with its registered office at [Address] ("we", "us", "our"). By using the Service or creating an account, you agree to these Terms. If you do not agree, do not use the Service.
1. ELIGIBILITY
You must be at least 18 years old and capable of entering into a contract under Indian law. If you use the Service for an organisation, you confirm you have authority to bind it.
2. YOUR ACCOUNT
You must give accurate information, keep your login details confidential and tell us promptly of unauthorised use. You are responsible for all activity under your account.
3. USE OF THE SERVICE
3.1 You may use the Service only for lawful purposes and in line with these Terms.
3.2 You must not: (a) upload or share content that is unlawful, infringing, defamatory, obscene or otherwise prohibited by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; (b) interfere with the Service or attempt unauthorised access; (c) scrape or copy the Service except as we permit; or (d) impersonate any person.
4. FEES, PAYMENTS AND REFUNDS
Paid features are charged as shown at checkout, inclusive of GST where applicable. [Subscriptions renew automatically unless cancelled before the renewal date.] Refunds are governed by our Refund Policy at [link] and applicable consumer law.
5. YOUR CONTENT
You keep ownership of content you submit. You give us a non-exclusive, worldwide, royalty-free licence to host, display and process it to operate the Service. You confirm you have the rights needed to submit it.
6. OUR INTELLECTUAL PROPERTY
The Service, its design, software, trademarks and content (other than your content) belong to us or our licensors. These Terms give you only a limited, non-exclusive, non-transferable right to use the Service.
7. PRIVACY
We process personal data in line with our Privacy Policy at [link] and the Digital Personal Data Protection Act, 2023. The Privacy Policy forms no part of your consent unless you give consent in the manner it describes.
8. DISCLAIMER
The Service is provided on an "as is" and "as available" basis. To the extent permitted by law, we do not guarantee that the Service will be uninterrupted or error-free. Nothing in these Terms limits any right you have as a consumer under law.
9. LIMITATION OF LIABILITY
To the extent permitted by law, our total liability to you for any claim relating to the Service is limited to the amount you paid us in the [12] months before the claim. We are not liable for indirect or consequential loss. This does not limit liability that cannot be excluded by law, including for fraud.
10. SUSPENSION AND TERMINATION
We may suspend or end your access if you breach these Terms or the law. You may stop using the Service and close your account at any time. Clauses that by their nature should continue (including 5, 6, 9 and 12) survive termination.
11. CHANGES
We may update these Terms. We will tell you of material changes by [email / in-app notice], and continued use after the effective date means you accept the updated Terms.
12. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of India. Subject to any non-excludable consumer rights, the courts at [City] have exclusive jurisdiction. [Optional: disputes shall first be referred to arbitration under the Arbitration and Conciliation Act, 1996.]
13. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and the rules under it, our Grievance Officer is [Name], reachable at [email] and [address]. We acknowledge complaints within [24 hours] and aim to resolve them within [15 days].
14. CONTACT
Questions about these Terms: [email]. Replace every [placeholder] and delete options that do not apply.
How to execute it
From blank template to a signed, stamped and stored contract.
List what your service does, how you charge, and what user content you host; tailor the clauses to those facts instead of copying generic ones.
Draft a separate privacy notice and refund policy, and link them from the T&C.
Name a grievance officer and publish contact details as the IT rules and e-commerce rules require.
Show the T&C at sign-up and at checkout with a clear tick-box or button, and save the acceptance record with time and version.
Review the T&C whenever you add features, change pricing or start processing new categories of personal data.
Frequently asked questions
Are website terms and conditions legally required in India?
There is no single law requiring them for every site, but intermediaries must publish rules and a user agreement under the IT Rules, 2021, and e-commerce entities must disclose terms under the Consumer Protection (E-Commerce) Rules, 2020. In practice, any service with users or payments should have T&C.
Are click-to-accept terms enforceable in India?
Generally yes. Section 10A of the IT Act, 2000 recognises contracts formed electronically, and a clear click-wrap acceptance is easier to prove than a footer link. Keep a record of acceptance.
What is the difference between terms and conditions and a privacy policy?
The T&C set the rules of using the service. A privacy policy or notice explains what personal data you collect and how you use it, as required under the DPDP Act, 2023. Keep them separate and link them.
Can T&C exclude all liability?
No. Courts will not enforce terms contrary to public policy (Section 23, Contract Act), and consumers keep statutory rights under the Consumer Protection Act, 2019. Limit liability to what the law allows.
Do I need a grievance officer?
Intermediaries and e-commerce entities must appoint a grievance officer under the IT Rules, 2021 and the E-Commerce Rules, 2020, and publish the contact details with the complaint process.
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