1. E-Commerce Legal Basics for Startups
Amrut Joshi
Founder
GameChanger Law Advisors
July 20, 2015

2. Overview
Structuring Website
Terms & Conditions
Payment Gateway
Service Provider
Agreements
Privacy Policies
Usage of Social Media
Platforms by E-
Commerce Businesses

3. Structuring Website Terms & Conditions…
New Media ≠ New Principles of Law!
CONTRACT
Offer
Acceptance
Consideration
CompetenceLawful Object
Free Consent
Not Void

4. Structuring Website Terms & Conditions
So, what’s different about E-commerce Websites?
Let’s take 2-3 different industries as case studies
 Online Tutorial Services
 Medical Devices and Equipment
 Home Services

5. Can we still
???

6. Other Must-haves in Website T&Cs
Trademarks Linked Sites Child Protection
Governing Law
Dispute
Resolution
Grievance
Redressal

7. Structuring Privacy Policies
Types of
Information
Sensitive Personal
Information
Cookies
No Sale to Third
Parties
How will the
Information be
used?
Implementation
of Security
Procedures

8. Payment Systems in India- How they work?
PAYMENT
SYSTEM
RBI
Bank
System
Provider
System
ParticipantsPayment
Obligation
Payment
Instruction
Settlement

9. Duties of a System Provider
 Operate in accordance with The Payment and Settlement Systems
Act, 2007
 Disclose terms and conditions, including charges, limitations of
liability
 Supply participants with copies of rules and regulations governing
operation of the payment system, netting arrangements and other
relevant documents
 Maintain standards determined under this Act
 Payment obligations and settlement instructions to be determined
in accordance with the gross or netting procedure, as the case
maybe, approved by the Reserve Bank while issuing authorization
to a payment system

10. Structuring Payment Gateway Agreements
Make sure to understand:
 The exact service offered by Service Provider
 What level of technical support is offered by Service Provider
 Fees and Charges
 Limitation of Liability
 Assurances provided by Service Provider to its Partner Banks
through the “Bank Agreement”

11. Whither the twain shall meet:
Social Media & E-Commerce?

13. Social Media for Business
 Be careful with your actions as well as messages
 Remind your employees and agents that what they say on-line can
impact your brand
 Don’t silence criticism
 Secure your social media handles before someone else does
 Read and understand platform- specific guidelines

14. Thank you for your time and attention!
Amrut Joshi
E-mail: amrut@gamechangerlaw.com