Unlike general terms and conditions of sale (GTCS) and legal notices, general terms and conditions of use (GTU) are not mandatory for a website. However, they are strongly recommended. GTUs bring together all mandatory information, informing users of their rights and obligations, and can provide greater protection for publishers by limiting their liability. Find out all you need to know about GTUs and a template here.
What's the point of CGU?
General terms and conditions of use inform users, i.e. visitors to a website, of their rights and obligations. The terms and conditions allow Internet users to familiarize themselves with the site's terms and conditions of use, whether or not it is a merchant site.
They may contain a reminder about intellectual property rights, inform users about the processing of collected data, regulate the use of a forum or a space dedicated to comments, or even clear the site editor as to the nature of hypertext links posted by site users in comments.
The general conditions of use may also provide for penalties in the event of failure to comply with the above rules.
General terms and conditions of use template free
To help you create your own terms and conditions quickly and easily, we've provided a free template. All you have to do is replace the word groups in square brackets with your own specific information, and you'll have your own T&Cs in a matter of minutes.
What's the difference between CGU and CGV?
In legal terms, the general terms and conditions of use constitute a contract between the website publisher and the Internet users who consult it.
Unlike general terms and conditions of sale, which are mandatory when goods or services are sold to private individuals, or when requested by another professional in a B2B relationship, general terms and conditions of use are not a legal obligation.
The GCU serve to govern the use of the service offered by the website publisher, while the GTC provide a framework for the commercial relationship. Consequently, the GCU can be found on both merchant and non-merchant websites.
Terms and conditions, legal notice and use of personal data
CGU are distinct from, but may include, legal notices and mandatory information on the use of personal data.
Thus, whenever a site collects personal data, its publisher or owner is required by the General Data Protection Regulation (GDPR) to inform Internet users. They must also be able to access a certain amount of information concerning the use of this data, and be made aware of their rights to access, rectify or delete personal data.
Legal notices are compulsory and are designed to reassure visitors to a website, who can find the identity or company name of the site publisher, its contact details or those of its head office, as well as a certain amount of information about the site host.
General terms and conditions of use are therefore of multiple interest: they inform users of their rights and obligations, limit the publisher's liability, and group together various mandatory information such as legal notices and the use of personal data.
Where to display general terms and conditions of use?
To have legal force, the general terms and conditions of use must be accepted by visitors to the site. They must also be visible as soon as the user accesses the site.
Then it all depends on the nature of the site. If the site's content is purely informative, with no forums or comment areas, the risk of litigation is low. In this case, the GCU can simply appear on a dedicated page, which web users can consult if they wish. Please note, however, that GTUs presented in this way have no contractual value.
On the other hand, if the site allows users to create a personal space, to participate in a forum and therefore, in one way or another, to actively contribute, it is preferable that the T&Cs open in a window as soon as the user arrives on the site. They may then be asked to tick a box to confirm that they accept them.
What information should they contain?
The GCU must contain a certain amount of information, which may include :
- Users' rights and obligations
- Penalties for non-compliance with the rules
- Dispute settlement procedures
- Rules limiting the publisher's liability
- Intellectual property rights
- Legal information
- Rules governing the collection and use of personal data
Users' rights and obligations
User rights include, for example, access to the various services offered by the website. The GCU specify the terms and conditions of this access, in particular whether it is paid or free, as well as any restrictions if access to certain services is reserved for users with a member's area.
The GCU must also specify the obligations to which users are subject, such as compliance with a charter, use of the site in accordance with its intended purpose, or the obligation not to harm the site.
Penalties for non-compliance with the rules
The site editor may decide to impose certain sanctions on Internet users who fail to comply with the site's general terms and conditions of use, such as closing their member area or excluding them from a forum.
Dispute settlement procedures
In the event of a dispute, the publisher may choose to mention the competent courts in its general terms of use, and indicate that it prefers to attempt an amicable resolution in the first instance.
Rules limiting the publisher's liability
The site editor has every interest in protecting himself by limiting his liability, particularly in the event of temporary malfunction for technical reasons beyond his control, inaccuracy of information contained in an article to which a hypertext link published by a user refers, or in the event of inappropriate content posted in a comment.
Intellectual property rights
The general conditions of use are an opportunity to remind Internet users that the various elements of the site, whether texts, images, videos or icons for example, are subject to intellectual property law and protected by copyright.
Consequently, unless the site editor has given his prior authorization, any use, reproduction or exploitation of the various elements of the site is prohibited.
Legal notices and compulsory information relating to the collection of personal data can also be integrated into the GCU.