Terms of Service (India)
TERMS OF SERVICE
Information Technology Act 2000 | Consumer Protection Act 2019 | Indian Contract Act 1872
Effective Date: [Effective Date]
These Terms of Service ("Terms") govern your use of [Website URL] and the services provided by [Company Name], registered at [Company Address] (CIN: [Company CIN], GSTIN: [Company GSTIN]) ("we", "us", or "our"). By accessing or using our service, you agree to be bound by these Terms.
1. THE SERVICE
1.1 We provide: [Service Description] (the "Service"). The Service is a [Service Type].
1.2 Eligibility: You must be at least [Minimum Age] to use the Service. By using the Service, you represent that you meet this requirement.
1.3 We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice to users.
2. ACCOUNTS AND REGISTRATION
2.1 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.2 You agree to provide accurate and complete information during registration and to keep your information updated.
2.3 We may suspend or terminate your account for violation of these Terms or applicable law, including the IT Act 2000 and the Consumer Protection Act 2019.
3. PRICING, PAYMENT, AND REFUNDS
3.1 Pricing model: [Pricing Model]. All prices are in Indian Rupees (INR) and are inclusive of applicable GST under the CGST Act 2017.
3.2 Refund policy: [Refund Policy]. Refund requests must be submitted in writing to [Grievance Officer Email].
3.3 We comply with the Consumer Protection (E-Commerce) Rules 2020 and the Consumer Protection Act 2019 with respect to refund and cancellation obligations.
4. INTELLECTUAL PROPERTY
4.1 All content, software, trademarks, logos, and other intellectual property on [Website URL] are the property of [Company Name] and are protected under the Copyright Act 1957, the Trade Marks Act 1999, and other applicable Indian IP laws.
4.2 You are granted a limited, non-exclusive, non-transferable licence to access and use the Service for your personal or internal business purposes only.
4.3 You shall not reproduce, distribute, modify, reverse-engineer, or create derivative works based on our Service or content.
5. PROHIBITED CONDUCT
5.1 You agree not to use the Service to: (a) violate any applicable Indian law or regulation; (b) upload, post, or transmit any unlawful, defamatory, obscene, or harmful content as prohibited under the IT Act 2000 and the IT Intermediary Rules 2021; (c) engage in hacking, phishing, malware distribution, or other cyber offences under the IT Act 2000; (d) infringe any third party's intellectual property rights; or (e) engage in any fraudulent or deceptive conduct under the Consumer Protection Act 2019.
6. LIMITATION OF LIABILITY
6.1 To the maximum extent permitted by applicable Indian law, our liability to you for any claim arising from use of the Service shall not exceed [Liability Cap Amount].
6.2 We shall not be liable for indirect, consequential, or incidental damages. This limitation does not apply to liability for fraud, death, or personal injury caused by our negligence, which cannot be excluded under Indian law.
6.3 We are not liable for user-generated content posted on the platform, subject to our compliance with Section 79 of the IT Act 2000 (intermediary safe harbour).
7. GRIEVANCE OFFICER
7.1 For any complaints or concerns, please contact our Grievance Officer as required under Rule 3(2) of the IT Intermediary Rules 2021:
Name: [Grievance Officer Name] | Email: [Grievance Officer Email]
We will acknowledge complaints within 24 hours and resolve them within 30 days.
8. GOVERNING LAW AND JURISDICTION
8.1 These Terms are governed by the Indian Contract Act 1872, the IT Act 2000, the Consumer Protection Act 2019, and the laws of India.
8.2 Any disputes shall be subject to the exclusive jurisdiction of the courts at [Jurisdiction City], subject to your rights as a consumer to approach the appropriate Consumer Commission.
Authorised Signatory
________________
Signature
What Is a Terms of Service (India)?
A Terms of Service in India defines what each party must do under the deal and the consequences of failing to perform.
For Indian online businesses, the ToS is required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which mandate that all intermediaries publish their rules and regulations, terms and conditions, and privacy policies in a user-accessible format. The Consumer Protection (E-Commerce) Rules 2020 impose additional disclosure requirements for e-commerce entities.
The ToS is governed by the Indian Contract Act 1872 (formation and enforcement), the IT Act 2000 (electronic contracts, intermediary liability, cybersecurity), the Consumer Protection Act 2019 (unfair contract terms, consumer rights), and the DPDP Act 2023 (data processing obligations).
A well-drafted ToS protects the service provider by clearly defining the permissible uses of the service, limiting liability for third-party content and service disruptions, reserving intellectual property rights in the platform and content, and providing a mechanism for account termination and dispute resolution. It also protects users by clearly disclosing the service provider's obligations, refund and cancellation policies, and the process for raising complaints with the Grievance Officer.
The legal framework governing the Terms of Service (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a Terms of Service (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Indian Contract Act, 1872 sets the foundational requirements.
When Do You Need a Terms of Service (India)?
Terms of Service are needed for any website, mobile app, SaaS platform, e-commerce store, marketplace, digital media platform, online service, or any other digital service that has users or customers. They should be published and made accessible to users before they register or begin using the service.
For Indian businesses, the IT Intermediary Rules 2021 make it a mandatory compliance requirement to publish ToS. Non-compliance can result in loss of safe harbour protection under Section 79 of the IT Act 2000 and regulatory action by the Ministry of Electronics and Information Technology (MeitY). The Consumer Protection (E-Commerce) Rules 2020 additionally require e-commerce entities to disclose specific information in their ToS.
Parties in India should prepare a Terms of Service (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Terms of Service (India)
Thorough India Terms of Service should include: service provider identity, registered address, and Grievance Officer details; acceptance mechanism (clickwrap or browsewrap); eligibility and account registration requirements; description of the service and permitted use; prohibited conduct and content; intellectual property rights (platform and user content); subscription, pricing, and payment terms; refund and cancellation policy (CCPA 2019 compliant); limitation of liability and disclaimer of warranties; indemnification by users; suspension and termination of accounts; links to Privacy Policy and Cookie Policy; governing law (Indian law) and jurisdiction (specific courts); dispute resolution (arbitration under Arbitration and Conciliation Act 1996 or Consumer Commission); and ToS modification procedure.
Additional compliance elements for a Terms of Service (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Terms of Service (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/business/policies/terms-of-service-india
"Terms of Service (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/business/policies/terms-of-service-india.
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author = {{Forms Legal}},
title = {Terms of Service (India) (India)},
year = {2026},
howpublished = {\url{https://forms-legal.com/india/business/policies/terms-of-service-india}},
note = {Free legal document template. Based on Indian Contract Act, 1872}
}Also available for these jurisdictions:
Frequently Asked Questions
Terms of Service (ToS) agreements for websites, applications, and online platforms in India are governed by a multi-layered regulatory framework comprising several central statutes. Indian Contract Act 1872: The ToS is a contract between the service provider and the user. For a ToS to be legally binding, it must satisfy the requirements of Section 10 of the Indian Contract Act 1872: free consent, competent parties, lawful consideration, and lawful object. A user who clicks 'I agree' or continues to use the service after being shown the ToS creates a valid contract under Section 2(h) read with Section 3 of the Indian Contract Act 1872. Information Technology Act 2000 (IT Act 2000): For online platforms and electronic commerce, the IT Act 2000 is the primary regulatory statute. Section 43 imposes civil liability for unauthorised access, damage, or disruption of computer systems. Section 66 criminalises computer-related offences. Section 79 provides intermediary liability protection ('safe harbour') to intermediaries (platforms, internet service providers, search engines, social media platforms) for user-generated content, subject to compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (IT Intermediary Rules 2021). IT Intermediary Rules 2021: Under the IT Intermediary Rules 2021 (notified under Section 87 of the IT Act 2000), all intermediaries must publish terms of use and privacy policies in their user interface.
Limitation of liability clauses are a standard feature of terms of service agreements globally, and Indian courts have generally upheld reasonable limitation of liability provisions under the Indian Contract Act 1872. However, there are important Indian-law constraints on the enforceability of such clauses. Indian Contract Act 1872 — Section 23 (Unlawful Considerations and Objects): A contractual clause that seeks to exclude liability for fraud, willful misrepresentation, or deliberately unlawful acts is void as against public policy under Section 23. A ToS cannot validly exclude liability for the service provider's own fraud or deliberate wrongdoing. Section 28 of the Indian Contract Act 1872 (Restraint of Legal Proceedings): Any agreement that absolutely restrains a party from enforcing their legal rights — including any clause purporting to eliminate remedies entirely rather than merely limit them — is void under Section 28. A total exclusion of liability for all causes of action may therefore be unenforceable.
Intermediary liability — the extent to which an online platform is legally responsible for content posted or transmitted by its users — is one of the most commercially significant legal issues for digital platforms in India, governed primarily by Section 79 of the Information Technology Act 2000 (IT Act 2000) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (IT Intermediary Rules 2021). Section 79 'Safe Harbour': Under Section 79(1) of the IT Act 2000, an intermediary is not liable for any third-party information, data, or communication link made available or hosted by it. This safe harbour protection is conditional on compliance with Section 79(2): the intermediary must (a) not have initiated the transmission or selected the receiver of the transmission; (b) not have selected or modified the information contained in the transmission; and (c) observe due diligence while discharging its duties under the Act, including following the IT Intermediary Rules 2021. Section 79(3) — Loss of Safe Harbour: The safe harbour protection is forfeited where the intermediary has actual knowledge of unlawful activity on its platform and fails to act expeditiously to disable access to or remove the illegal content. 'Actual knowledge' is typically established by a court order or a government direction under Section 69A.
A Terms of Service (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Indian Contract Act, 1872 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of India has jurisdiction over disputes arising from this type of document, and Registrar of Companies (ROC) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Terms of Service (India) does not legally require a lawyer in India, though legal advice is recommended. Under Indian law, the Indian Contract Act 1872 governs agreements. The Companies Act 2013 and Registrar of Companies (ROC) regulate corporate documents. The Information Technology Act 2000 governs electronic contracts and data protection. The Consumer Protection Act 2019 provides consumer rights. The Income Tax Act 1961 requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Indian advocate for significant transactions. Under India law, Indian Contract Act, 1872, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). Forms-legal.com provides this template as a starting point for India-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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