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Website Terms And Conditions of Use includes how users can use your website, what is prohibited and a disclaimer to limit your liability for your website. If you are selling goods and services on your website, you are required by Australian Consumer Law to state your business service standards and have terms and conditions on your website. This Website Terms and Conditions of Use also allows the operator to set out the rules for using their website, protect their intellectual property and limit their liability for the website.
Use this Website Terms and Conditions of Use if:
- You are running a blog and/or marketplace and would like to explain how your site works and its prohibited use;
- You are selling goods and services on your website and wish to set out the terms and conditions you operate by;
- You would like to protect the intellectual property on your site;
- You would like to limit liability for your information, outages and third party links; and
- You would like to comply with Australian law and regulations.
What does the Website Terms and Conditions of Use cover?
- Australian consumer law and consumer guarantees;
- Delivery of goods, returns and refunds policy;
- Privacy and a disclaimer for warranties;
- Disclosure of information;
- Your ownership and intellectual property;
- Limiting liability for information and material;
- Limiting liability for third party links; and
- The user’s rights and a licence to use the website.
Other names for Website Terms and Conditions of Use include:
- Website Terms and Conditions;
- Website T&Cs.
LawPath provide both of these documents into a single, comprehensive document to maximise both convenience and protection.
Does anybody actually read these terms?
As the website Terms and Conditions of Use are a requirement by Australian Consumer Law, it is essential that they are present and relevantly applicable to your business. This is requirement by law, despite whether they are read or not.
To ensure that users acknowledge the presence of website Terms, it is best to add a “click” feature to “Accept” the site’s Terms. This will ensure that users are directed to the Terms if they wish to view them.
Where do I need to publish my completed Terms and Conditions of Use?
Often, these are found on your company’s website, at the bottom of every webpage as a hyperlink to a separate page. Once the link is followed, this will direct the user to the Website’s Terms and Conditions.
Recently, many businesses have adopted a “pop-up” which has the Terms and Conditions hyperlinked for easy access, and an “Accept” option for those who wish to acknowledge the Website’s Terms and Conditions. This is commonly known as a click-wrap agreement.
How often do I need to update my website Terms and Conditions of Use?
Terms and Conditions will need to be updated as the products or services offered change. Changes may also include a variance in fees charged to customers. It is important to know that a change of terms will require the business to notify users of any changes to the Terms and Conditions of Use.
Are the terms of a Website Terms and Conditions of Use legally binding?
Ideally, if a business wishes to ensure that their Website Terms and Conditions are legally binding, it is best that the terms be easy to understand and clear.
It is considered best practice to ensure the terms are clearly visible and there is opportunity for the user to click “I agree” to the Terms. Also, it is best if this “agreement” is recorded if you do eventually require taking legal action.
As a Websites Terms and Conditions of Use needs to be unique for your business it is recommended getting a lawyer to review this document. This will ensure the document is tailored to your specific needs and will limit your risk moving forward.
Can I copy the terms off of my competitor?
Although it may be useful for gathering an understanding of what your company may require, such as scope of the terms, this is definitely not recommended as this breaches copyright restrictions. It also puts you are risk of omitting or including information not relevant to your specific business.
What can I do if my terms and conditions have been breached?
You can pursue legal action against the user who has breached the Terms and Conditions of Use on your website. In regards to breaches such as late payments, you can govern such breaches within your Terms and Conditions. In other matters, you will often require legal advice in regards to pursuing such claim, beginning with providing notice to the user who has breached the Terms.
Copyright breaches are often first dealt with via a Cease and Desist letter against the offender before further legal action is taken.
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