Casual Legal: How many contracts have YOU entered into today?
By Tamara Korassa
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
If you visited and browsed on a website today, you likely entered into a contractual relationship with the website’s owner without giving it any thought.
Website “Terms of Use” set the rules between the owner and the website’s visitors. Some are called browsewrap agreements, where the Terms of Use are found on the website normally through a link at the bottom of the page. Others are commonly referred to as clickwrap agreements, where a visitor clicks a box agreeing to the Terms of Use before being permitted to use the website.
At this point, many of you are probably wondering, “Does our website have (or should it have) Terms of Use?” and “If so, are they adequate?” While Terms of Use are not legally required, there are a number of legal reasons why a municipality’s Website should have a Terms of Use Agreement.
Protecting Content and Governing Use
Terms of Use notify the user that the website content belongs to the owner or may otherwise be protected by copyright, trademark or other intellectual property law. The Terms of Use will provide guidance as to what visitors are permitted to do with the content and while using the website.
Limiting or Disclaiming Liability
Accuracy of information – Terms of Use should indicate that the owner does not guarantee and is not providing any warranty in respect of the accuracy or completeness of the information on the website. This may be particularly important if a website is not updated regularly.
Responsibility for third-party or visitor generated content – Terms of Use should disclaim all liability for visitor content posted to the website and for third-party content that is referenced or linked to or from the website.
Preventing Abuse
Websites that allow for visitor interaction should prohibit malicious activity and include termination provisions that allow a visitor to be banned for conduct that violates the Terms of Use.
Governing Law
Websites should set out the jurisdiction that will govern in the event of a legal dispute between the owner and the visitor. This may be particularly important for websites that have the purpose of facilitating some form of transaction.
Privacy Policy
Some websites will require or allow a visitor to provide information to access a service or purchase a product on the website. These websites should refer to a website privacy policy and in the case of a municipality, the policy should explain that the municipality is subject to the Freedom of Information and Protection of Privacy Act.
A browsewrap agreement should state that by continuing to use the website the visitor agrees to the Terms of Use and that the visitor can opt-out by ceasing to use the website. Although Terms of Use often take the same general form, well-constructed ones are specific to the website, the characteristic of the owner, and how the visitor will use the website.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or send an casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, call 310-MUNI (6864) or send an riskcontrol [at] abmunis.ca (email) to Alberta Municipalities' Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
