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Home / Contracts & Documents / Terms of Service Drafting
Last updated: 2 October 2026
Terms of service set the rules for using your website, app or platform — who can use it, what they can do, how payments and refunds work, and what happens if something goes wrong. Expertvuw’s team drafts terms that fit your business model and Indian law.
Terms of service (also called terms of use or terms and conditions) form an online contract between you and your users under the Indian Contract Act, 1872, and are recognised as electronic contracts under the Information Technology Act, 2000. They typically cover eligibility, account rules, acceptable use, intellectual property, fees and payments, cancellation and refunds, disclaimers, limitation of liability, termination, and governing law and disputes.
Consumer-facing businesses must also meet the Consumer Protection Act, 2019 and, for online sellers and marketplaces, the Consumer Protection (E-Commerce) Rules, 2020 — which require clear display of seller details, return and refund policies, grievance officers and a ban on manipulative practices. Intermediary platforms have due diligence duties under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Unfair terms can be challenged under consumer law, so terms should be balanced, clearly presented and accepted through a proper click-through process.
Basis: Indian Contract Act, 1872; Information Technology Act, 2000 (section 10A); Consumer Protection Act, 2019; Consumer Protection (E-Commerce) Rules, 2020; IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Last updated: 27 September 2026.
Click-through terms are valid electronic contracts.
Unfair terms can be challenged under the Consumer Protection Act.
Online sellers must show seller details, refund policy and grievance officer.
Platforms have due diligence duties under the 2021 IT Rules.
Users should actively accept the terms.
Terms should align with the privacy and refund policies.
Copied terms often do not fit the product.
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Terms of service connect with these services.
DPDP-aligned privacy policy.
Refund and cancellation policy.
Website disclaimers.
Seller agreements for marketplaces.
Review product and user journeys.
Prepare terms for your model.
Match privacy and refund policies.
You review the draft.
Implement click-through acceptance.
Revise when features change.
Terms should evolve with your product.
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Share your query and our team will reply during business hours.
Yes. Properly accepted click-through terms are valid electronic contracts.
Yes. The E-Commerce Rules, 2020 require seller details, refund policies and a grievance officer.
Overly one-sided terms can be challenged as unfair under consumer law.
Yes, but they should be consistent and cross-referenced.
Whenever the product, pricing or law changes, and at least annually.
ACS – Director, Expertvuw Management Pvt Ltd
Agreements and policies are drafted by Expertvuw’s team for your review and negotiation. Where you need a legal opinion, dispute advice or representation, it is provided by independent advocates. Expertvuw is a corporate services company, not a law firm.