Website Terms and Conditions of Use (Goods)This Website Terms And Conditions of Use (Goods) outlines the rules people must follow when using your website. It includes protection for your IP, disclaimers to limit your liability and makes you compliant with Australian law.
This Website Terms and Conditions of Use document allows you to state your business service standards and is especially beneficial for an online store or businesses selling goods and services through a website. In fact, it is required by that online businesses have a Website Terms and Conditions that is easily accessible to website users.
By selling goods or services, your online business needs to set out the rules for using their website, adhere to the applicable law and legal requirements, protect their intellectual property and limit liability for the website.
Other names for this document can include:
- Website Terms and Conditions;
- Website T&Cs.
This document has been made specifically for websites selling goods (e.g. eCommerce sites) however we also have variations available for:
You will need a Website Terms and Conditions of Use if:
- You run a blog, marketplace, or sell products and would like to explain how your site works and its prohibited use;
- You are selling online 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 documents you may need:
We provide both of these documents in a single, comprehensive document to maximise both convenience and protection.
Does anybody actually read these terms?
It really depends on the person. But, Terms and Conditions of Use is a requirement by Australian Consumer Law. So it needs to be available and applicable to your business.
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.
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 and website users’ personal data.
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 to tailor it to your business’ specific needs.
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 and can infringe on their intellectual property rights. It also puts you at risk of omitting or including information and website content 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 or legal services in regards to pursuing such claims, beginning with providing notice to the user who has breached the Terms.