Free General Terms of Use (GTU) template
Free General Terms of Use (GTU) template
Warning
This template is provided for information purposes only and does not constitute legal advice. It is essential that you consult a lawyer to adapt this document to your specific needs and ensure that it complies with all applicable laws, including provincial variations.
Background and purpose of the document
The purpose of these General Terms of Use (GTU) is to define the terms of use of the [[Site Name]] website accessible at [[Site URL]]. They apply to all users of the site.
Definitions
In these GCU, the following terms have the following meanings:
- Site: The Internet site accessible at the address [[URL of the Site]].
- User: Any person accessing and browsing the Site.
- PARTY: The User and the operator of the Site.
Main clauses
Clause: Obligation of the Parties
The PARTIES undertake to comply with the terms of these GCU. The USER undertakes to use the Site in accordance with its intended purpose and with the laws and regulations in force.
Clause: Financial terms / consideration
Use of the Site is free of charge. However, certain specific services may be subject to separate pricing, clearly indicated on the Site.
Clause: Duration and termination
These GCU take effect from the first use of the Site by the USER and remain in force until terminated by either of the PARTIES. The OPERATOR may terminate these GCU immediately in the event of breach by the USER.
Clause: Confidentiality
The OPERATOR undertakes to preserve the confidentiality of personal information provided by the USER in accordance with its confidentiality policy accessible on the Site.
Clause: Protection of personal information
The OPERATOR treats the USER’s personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and Quebec’s Bill 25, where applicable.
Clause: Liability and warranties
Use of the Site is at the USER’s own risk. The OPERATOR declines all responsibility for direct or indirect damage resulting from the use of the Site or the impossibility of using it.
Clause: Force majeure
Neither of the PARTIES shall be liable for any breach of its contractual obligations to the extent that such breach results from an event of force majeure as defined by the jurisprudence of Canadian courts.
Clause: Applicable law and jurisdiction
These TOS are governed by the federal laws of Canada and by the laws of the province of [[Province]]. Any dispute relating to the TOS shall be submitted to the exclusive jurisdiction of the courts of [[City, Province]].
Clause : Miscellaneous
In the event that one or more provisions of the TOS are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
Signatures
Done at [[City]], on [[Date]].
Operator’s name
Signature : ________________________
User name
Signature : ________________________
Solicitor’s notes
- Each clause must be adapted to the specificities of the company or service offered.
- Check that the privacy policy complies with provincial and federal data protection laws.
- Any mention of free services or fees must be accurate and verified.
- Be sure to clearly define any technical or specific terms used in the document.
- Consult a lawyer for any additional adaptations and compliance checks.
Summary of pre-publication checks
- Check compliance with specific provincial laws (e.g. Quebec’s Bill 25).
- Adapt clauses to the specifics of the company or service proposed.
- Ensure that all mandatory legal information is included.
- Confirm the accuracy of financial and pricing information.
- Consult a lawyer for final review and legal validation.
