A comprehensive Terms of Service, especially one governed by UK law (which includes the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013), should cover the following:

1. General & Contract Formation

  • Acceptance of Terms: How the user agrees to the contract (e.g., clicking “I agree” at checkout or simply by using the website).
  • Eligibility: Minimum age requirements to use the service and make purchases.
  • Business Details: Your legal name, trading name, geographic address, and contact information (legally required for e-commerce).

2. Products and Ordering

  • Product Description: Clarification that product images, descriptions, and specifications are for guidance and may not be 100% accurate.
  • Pricing and Payment: Accepted payment methods, when payment is taken, and what happens if a payment fails.
  • Order Acceptance: When a contract is formed (typically when the order is accepted and confirmed, not when the order is placed).

3. Specifics for Physical Goods (e.g., boxed games, consoles, merchandise)

  • Delivery: Shipping methods, estimated delivery times, and who bears the risk of loss or damage during transit (usually the retailer until the goods are received by the consumer).
  • Returns and Refunds (The “14-Day Cooling-Off”): Consumers have a statutory right to cancel a contract for a physical good bought online within 14 days of receipt, even if it’s not faulty, and receive a full refund (as long as the seal hasn’t been broken on items like video games).
  • Faulty Goods: Rights under the Consumer Rights Act 2015 for goods to be of satisfactory quality, fit for purpose, and as described (initial 30-day right to reject, then repair/replacement).

4. Specifics for Digital Content (e.g., game downloads, digital keys, in-game currency)

  • Licensing: Digital content is usually licensed, not sold. This section grants the user a limited, personal, non-transferable right to use the content.
  • Usage Restrictions: Clear rules on what the user cannot do (e.g., no reselling, copying, reverse engineering, or sharing the digital content).
  • Delivery/Access: How the content is accessed (download, streaming, key-code redemption) and when access is granted.
  • Cancellation of Digital Content: The 14-day cooling-off period for digital content can be lost if the user has expressly consented to immediate performance and has acknowledged the loss of the cancellation right (usually a mandatory checkbox at checkout before download/access starts).
  • Faulty Digital Content: Statutory rights for digital content to be of satisfactory quality, fit for purpose, and as described, with the right to a repair or replacement.

5. Intellectual Property (IP)

  • Ownership: Confirmation that the company or its licensors own all IP related to the games, website, branding, and content.
  • User-Generated Content (UGC): If the service allows users to post content (reviews, forum posts), this section outlines the rights the user grants the company to use that content.

6. User Conduct & Accounts (Especially important for online/multiplayer games)

  • Account Termination: The company’s right to suspend or terminate a user’s account for breach of the terms (e.g., cheating, abusive behaviour, or breaking the law).
  • Acceptable Use Policy (AUP): Detailed rules on behaviour, chat, and interaction on any part of the service (often a separate but linked document).
  • Online Safety Act 2023: For “user-to-user” services in the UK (which includes many games with chat/social features), the ToS must now detail how users are protected from illegal content and how children are protected from harmful content.

7. Disclaimers and Liability

  • Limitation of Liability: Clauses that attempt to limit the company’s financial liability to the maximum extent permitted by law. Note that under UK law, liability for death, personal injury, fraud, or breach of the statutory rights mentioned above cannot be excluded or limited.

8. Privacy & Other Documents

  • Privacy Policy Link: A clear link to your Privacy Policy, which is a legally required document detailing how personal data is collected, stored, and used (must comply with UK GDPR).
  • Changes to Terms: The company’s right to change the ToS and how it will notify users of such changes.
  • Governing Law: Stating that the agreement is governed by the laws of England and Wales, Scotland, or Northern Ireland, as applicable.