In short, there is no real difference between the two.
Each are a set of rules that users must agree to in order to use or access the service/products that you may offer. Often, this appears in the form of a disclaimer to limit liability. The only prominent difference that may be of note:
- Terms and Conditions: may be a general disclaimer to limit liability.
Which kind of businesses require terms?
What elements should be included in a terms document?
A business should include the following elements in their terms document:
- Definition of misuse
- Payment details for products or services available
- Limiting liability
Furthermore, users require notification if you update terms. They must accept these new terms to continue dealings with your business.
Why would one of these documents be useful?
Apart from abiding with Australian Consumer Law, these documents are actually designed to protect your business. Without one of the terms document, your business is vulnerable in the following areas.
The intellectual property owned by your business will be protected through the terms and conditions. Thus, by outlining the copyrighted material, you may ensure that others cannot steal the business’ product.
Breach of Terms and Conditions/ of Use
The purpose behind these two documents is to outline what others may do in relation to your business. Therefore, if any of these are breached, you have the right to take legal action. It is irrelevant whether the person has read your terms: they simply need to exist and be available to read.