T&C's check up

[prizeamonth]

Hello all just wandered if someone would be kind enough to lend me a couple of minutes of their time.
I have recently updated my T&C's on my website and would just like someone elses opinion.
My site is a text in competition service.
I will be retaining numbers for marketing.
if someone has a few minutes spare id very much appreciate a check to see if i have missed something.
thanks guys
www.prizeamonth.co.uk

 

[Wordfruit]

That's quite a big ask.

Not just in going through your terms. But it also requires knowing all about your business.

You might be as well to check through Terms of similar businesses, and see if you can figure out anything that you're not covering. Just a guess, but you might get more responses if you ask more specifics after you've polished things up...?

 

[Wordfruit]

Though having said that, I am new to this site, and perhaps you're asking something pretty acceptable. I should check down some more posts to see, first...

Best of luck with it.

 

[The Resolver]

You have bigger problems than the wording of the t&cs:=

1. You have not done enough to prove competitors accept your t&cs.

2. Likely to be in breach of the Data Protection Act as you do not do enough to prove you have consent to retain and forward the phone numbers for marketing. Need some click-accept functionality linked to separate privacy policy (not terms embedded into t&cs) plus the terms need to cover retention not just use and passing on (consent to using does not give you consent for retention after competition has ended and in any event retention period, if left to be implied, must be reasonable for the stated purpose).

3. The site breaches the Electronic Commerce (EC Directive) Regulations by not identifying you or your limited company. Ditto the t&cs which simply refer to 'the promoter and saying it is other than 'prizeamonth'.

4. It is likely to be declared an illegal game of chance as there is not enough skill in the competitions (all answers can be found in seconds via google)

I can provide a report to legitimise the whole site and business for you - as have done for other such competitions.

 

[Charlie B ACS]

Your Ts & Cs refer to a privacy policy, that does not appear on the site.

 

[prizeamonth]

thanks for the responses i am trying to make the site more acceptable and cover all legal aspects so any advice is gratefully recieved yes the comps are easy but seeing as there are no prizes to actually enter at the moment that really shouldnt matter
when you say a report what would that cover please and how much would it cost??
the privacy policy is being worked on at the moment as i didnt want to rush it and get it all wrong.
and the identity part i thought i had covered with the full business address and contact details what have i missed??
i have looked through dozens of other sites and every one seems to be different so i am confused lol and starting to struggle.
thanks again guys and girls

 

[The Resolver]

...but seeing as there are no prizes to actually enter at the moment that really shouldnt matter

YOr website is showing a laptop, phone and £150 in cash as prizes.

...when you say a report what would that cover please and how much would it cost??

see later message

...and the identity part i thought i had covered with the full business address and contact details what have i missed??

You haven't identified the name of the service provider or, if different, the 'promoter'.

 

[prizeamonth]

thanks again for the responses and yes i know there are prizes displayed but no way of entering the comps they are still on display purely as a template for me to work on as i adjust the site.

 

[prizeamonth]

have i missed something lol??
what later message ??
or am i just being dumb

 

[The Resolver]

when you say a report what would that cover please and how much would it cost??

My report covers the following:-

* Identifies breaches of the following legislation where applicable:-

Data Protection Act 1998
Consumer Protection (Distant Selling) Regulations 2000
Electronic Commerce (EC Directive) Regulations 2002
Brussels Regulation on Jurisdiction ((EC) No 44/2001 ) 2002 - (advice on how to avoid being sued in a foreign court under the Regulations)
Privacy and Electronic Communications (EC Directive) Regulations 2003
Consumer Protection From Unfair Trading Regulations 2008
Business Protection From Misleading Marketing Regulations 2008
The Companies (Trading Disclosures) Regulations 2008
Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (covers new cookies law)

In your case I would include advice on the Gambling Act 2005 and advice on how to legitimise the competition (not too difficult, so don't worry)

* Identifies shortcomings in Terms and Conditions both as to whether legally required content is absent and whether improvements can reduce the website owners liability risk (especially to business buyers masquerading, by default or otherwise, as consumers) as well as advising on whether they are located properly on the website with adequate navigation and properly contracted into by customers.

* Identifies, and advises on how to reduce and better manage, any potential liability risk over images and copyright both as to content and domain name.

* Identifies, and advises on how to reduce and better manage, any potential liability risk over defamation, and content related crimes, especially sites incorporating wikis, blogs or forums.

* Identify how the above regulations can be enforced both by a regulator and by individuals (including compensation claims), as well as list steps that can be taken to obtain commercial advantage over competitor sites that are in breach any of the above regulations.

I have been providing legal health check reports as above for websites, both to individual owners and web developers for their clients, for over 10 years now. I use a template which has been added to over the years. This enables me to lower the fee and I now offer the above for any website at a fixed fee of £195.