A member asked almost 9 years ago

Website terms

I have started an online business. Does my website need 'terms and conditions of use'?

Jared Pereira
Principal Solicitor at Pivot Business Lawyers

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


A website's terms and conditions are essentially the contract between you and the users of the website, and may contain as many or as few terms as you wish.


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 re-directs traffic to another website, your terms should include disclaimers against warranting the goods or services provided by that 3rd party website, as well as any 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 your material.


Suggested way forward

Consult a lawyer with your personalised requirements. Many lawyers work on a fixed fee basis.

Answered over 8 years ago   Legal disclaimer

James D. Ford Gaicd
1 lawyer agrees with this answer and 1 member found this useful
Thank
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James D. Ford Gaicd

As part of defining and publishing your website terms & conditions, I recommend you address your Privacy Policy, as a separate document.

You should ensure that your Privacy Policy is compliant with the recent amendments to the Privacy Act (Comm) 1988, which took effect from 12 March, 2014.

Kind regards,

James

over 8 years ago

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