Website Terms of Use for Charities: A Practical Guide | LegalDocuments.co.uk

Overview

Website terms of use (sometimes called terms and conditions of website use, or a website user agreement) are the contract between the charity that runs a website and the people who visit or use it. They sit separately from your privacy notice, which deals specifically with personal data, and separately from any donation terms or shop terms you might have for financial transactions.

Think of terms of use as the house rules for the site itself: who owns the content, what visitors are allowed to do with it, what behaviour isn't acceptable, and what happens when something goes wrong. For a charity, these terms carry a bit more weight than they do for a private business.

Trustees have a legal duty to act in the charity's best interests and to safeguard its property, which includes digital assets like your logo, campaign photography, research publications, and the goodwill attached to your name. A well-drafted set of terms puts the charity in a stronger position if someone misuses the site, republishes content without permission, or tries to hold the charity responsible for something posted by a third party.

Key steps

1. Map what your website actually does. Before writing or reviewing terms, list every function: information pages, blog, donation flow, event bookings, volunteer sign-up, forums, newsletter, shop, resource downloads. Each function may need its own clause or cross-reference. Charities often copy generic terms without noticing their site accepts user comments or hosts third-party content, both of which need specific treatment.
2. Set out ownership and permitted use of content. Your terms should state clearly that the charity (or its licensors) owns the copyright, trade marks, and other intellectual property on the site. Explain what visitors can do with it, for instance, personal non-commercial viewing, and what they cannot, such as republishing campaign materials or using your logo without written consent. Teachers and journalists often ask for wider permissions, so consider how you want to handle those requests.
3. Address acceptable use and user-generated content. If visitors can post comments, upload images, or contribute to a forum, spell out what's prohibited: unlawful content, harassment, spam, infringing material, anything that could harm beneficiaries. Reserve the right to remove content and suspend accounts. This matters hugely for charities working with vulnerable groups, where moderation failures can cause real harm.
4. Include sensible disclaimers and liability limits. Charities often publish guidance, signposting, or research. Your terms should make clear that website content is general information, not a substitute for professional advice where relevant, and that external links are provided for convenience rather than endorsement. Limit liability to what is lawful under the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015, you cannot exclude liability for death, personal injury caused by negligence, or fraud.
5. Cover governing law, changes, and contact details. Specify that the terms are governed by the law of England and Wales (or Scotland or Northern Ireland, depending on where the charity is based) and that the courts of that jurisdiction have exclusive jurisdiction. Explain how and when you may update the terms, and give users a clear way to contact the charity with questions, complaints, or takedown requests.