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Website Terms of Use UK: What to Include (2026)

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Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you run a website in the UK, the terms of use page is one of the few pieces of legal wording that every visitor may be bound by, whether they read it or not. Done properly, it sets out the rules of engagement between you and the people using your site, covers off the disclosures the law expects you to make, and gives you something to point to if a user behaves badly or misuses your content. Done poorly, it leaves you exposed on several fronts at once. This guide walks through what website terms of use are for, what they typically contain, and the practical points I'd want any site owner to think about before publishing them. It's written for founders, marketers and in-house teams who want to understand the substance, not just tick a box.

Overview

Website terms of use (sometimes called terms and conditions of use or terms of service) are the rules that govern how visitors interact with your website. They are a contract between you as the website operator and the person browsing, registering, posting content, or otherwise using the site.

It's worth separating them clearly in your head from two other documents people often confuse them with. Terms of business (or terms of sale) deal with the commercial relationship when someone buys goods or services from you, think delivery, returns, payment terms, warranties.

A privacy policy deals with how you handle personal data under UK GDPR and the Data Protection Act 2018. A cookies notice deals with the Privacy and Electronic Communications Regulations. Your terms of use sit alongside all of these and govern the use of the site itself: what people can do on it, what they can't, who owns the content, what happens if the site is unavailable, and which country's courts decide any dispute. Most UK sites need all four, and they should cross-refer to each other sensibly.

Key steps

  1. Map what your website actually does. Before drafting anything, write down what visitors can do on the site. Can they register an account? Post comments or reviews? Upload files? Buy things? Download resources? Interact with other users? The answers shape which clauses you need and which you can safely leave out. A brochure site needs far less than a marketplace. 2. Cover the legally required disclosures. UK sites operated by businesses must publish certain information under the Electronic Commerce Regulations and, for companies, the Companies Act. This typically includes your registered company name, company number, registered office address, contact email, and VAT number if you are VAT registered. The terms of use page is a sensible place to gather these, or to link to them. 3. Set out the rules on content and conduct. Explain what people can and cannot do on your site. Prohibit unlawful, defamatory, abusive, or infringing material. If you allow user-generated content, spell out that users must own what they post, grant you a licence to display it, and that you can remove it. Make clear that spamming, scraping, and attempts to interfere with the site are prohibited. 4. Deal with intellectual property and links. State who owns the text, images, video, logos, and code on the site, usually you or your licensors. Explain what personal, non-commercial use is permitted and what is not. If you link out to third-party sites, disclaim responsibility for their content. If you allow others to link in, set out any conditions you want to impose on how they describe your site. 5. Limit liability and set the governing law. Include proportionate disclaimers about site availability, accuracy of information, and reliance on content. Limit your liability so far as the law permits, remembering that you cannot exclude liability for death, personal injury caused by negligence, or fraud. State that the terms are governed by the laws of England and Wales (or Scotland or Northern Ireland as appropriate) and which courts have jurisdiction.

Common questions

Q Do I legally need website terms of use in the UK?
There is no single statute that says every website must have terms of use, but in practice most business websites need them. The Electronic Commerce Regulations require certain disclosures, consumer law imposes information duties, and without clear terms you lose the ability to rely on a contract when a user misbehaves or misuses your content. For any site taking registrations, hosting user content, or trading, terms of use are effectively essential.
Q What is the difference between terms of use and terms of business?
Terms of use govern how people interact with the website itself, browsing, registering, posting, and using content. Terms of business (or terms of sale) govern the commercial contract when someone buys goods or services from you, covering price, delivery, returns, and warranties. A trading site normally needs both. They can sit on separate pages and cross-refer to each other where it makes sense.
Q Do my terms of use cover data protection and cookies?
They should not try to. Data protection is dealt with in a separate privacy policy that explains what personal data you collect, why, the lawful basis, how long you keep it, and the rights individuals have under UK GDPR. Cookies are handled in a cookie notice under the Privacy and Electronic Communications Regulations. Your terms of use should link to both rather than duplicate them.
Q Can I just copy terms of use from another website?
It's a bad idea for two reasons. First, you may be infringing copyright in the wording itself. Second, and more importantly, the terms will almost certainly not match how your site actually works, which means they either fail to protect you or impose obligations you can't meet. Terms of use only do their job when they reflect the specific features, risks, and commercial model of your site.
Q How do I make the terms legally binding on visitors?
The safest approach is to require positive acceptance where possible, for example a tick box at registration or checkout confirming the user has read and agreed. For general browsing, a clear, prominent link in the footer on every page with wording that use of the site constitutes acceptance can be effective. The more you rely on a clause, the more visible and clearly flagged it needs to be.
Q How often should I review my website terms of use?
A sensible rule of thumb is an annual review, plus an immediate review whenever you add a meaningful new feature, change your commercial model, or there is a relevant change in the law. Examples that should trigger a review include launching user accounts, adding payments, opening up user-generated content, introducing AI features, or changes to consumer or data protection law.
Q What happens if a user breaches the terms?
Well-drafted terms should give you a range of options: suspending or terminating the user's account, removing offending content, recovering losses caused by the breach, and in serious cases reporting unlawful behaviour to the authorities. The remedies you can actually rely on depend on what your terms say and whether the user accepted them, which is why clarity and evidence of acceptance matter.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.