Startup Law

Does my website need terms and conditions?

If you’re founding a startup, then naturally, you’re going to be building a website. A common question is - does our startup’s website need to set out terms and conditions of use.

The short answer is yes, according to Pivot Business Lawyers principal solicitor Jared Pereira.

“Yes, it is advisable to have terms and conditions of use for users of a website, and in particular an online business website,” he says.

“The terms and conditions set out the way in which you provide the information to your customers, and the limits you are placing on any representations.

“For instance, if your online business sells products online, the terms and conditions may set out the likelihood of pricing changes, delivery times, billing arrangements, payment terms, your returns policy and limits to your liability (where they don’t conflict with a buyer’s rights under the Australian consumer law).

“If for example your website redirects traffic to another website, your terms should include disclaimers against warranting the goods or services provided by that third party website, as well as many other restrictions.

“If you are providing advice or services, your terms and conditions could, for instance, state that users should not rely on the general information provided without a personalised consultation.

“Finally, your terms and conditions can be used to protect your intellectual property in the website so that users don’t have a right to copy from your material.”

As explains, it is also good practice to clearly display your privacy policy and to explain your security practice, particularly when inviting customers, donors and supporters to register contact details. 

Business Victoria has a great step-by-step guide to building the best possible website for your business, that is worth taking a look at if you’re in the process of setting up your website. 

If you’d like to find a lawyer who can help set up terms and conditions for your site, LawAdvisor’s legal marketplace has a list of fixed-fee packages from lawyers, starting at $330.