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The Importance of Website Terms & Conditions

Website T&cs

The Importance of Website Terms & Conditions

Does your business have a website?

Wondering if you need Website Terms and Conditions? Well, does your business have a website? If you answered ‘yes’, then the answer is yes – you should have a tailored set of Terms and Conditions!

Having a comprehensive set of Terms and Conditions will not only assist with compliance with the ACL, or Australian Consumer Law (which we’ll get to further on), but will also serve to protect your business and brand.


When you engage us here at ABA Legal Group to prepare your Terms and Conditions, there will be two components:

  • Terms of Use – i.e., how consumers can utilise the information contained on your site (for example, if your website includes recipes, we might provide a disclaimer similar to the following ‘by reading the content on this website, you acknowledge that you should seek your own independent advice as to whether are recipes are suitable to your dietary requirements’); and
  • Term of Sale – i.e. the details of the contract formed between your business and the customer when they make a purchase from your site.

Having a comprehensive set of Terms and Conditions will not only assist with compliance with the Australian Consumer Law (ACL) but will also serve to also protect your business and brand.


Why do you need them?

You cannot control the behaviours of your consumers, but you can place limitations on how they use your goods, services and website. Terms and Conditions can help protect you in the following ways:


Information for visitors

Terms and Conditions are the easiest way for you to communicate with consumers as they allow you to clearly state the terms that are most important to you and your business and manage your visitors’ expectations. In the long run your Terms and Conditions can help you to avoid complaints related to information that you have provided consumers as well as assist you to govern:

  • shipping;
  • refunds;
  • warranties;
  • product care;
  • cancellations, and
  • so much more.


Content ownership

You poured your hard work and energy into your website and brand, so it is only right that you should own it. It is in your Terms and Conditions that you can include an intellectual property clause that will ensure consumers are aware that they are not permitted to reproduce your content.


Limited liability

Depending on your business and the type of services that you are offering, your website can range from you making generic statements in your blogs, to providing goods or services with specific warranty commitments. Regardless, it is vital that you limit your liability to assist with protecting yourself against claims made by consumers.


Potential Risks of not having adequate Terms and Conditions

If you are providing any goods or services in Australia, you are obliged to display Terms and Conditions on your website. The Australian Competition and Consumer Commission (ACCC) regularly checks websites to ensure that the ACL has been complied with. The ACCC can impose penalties and fines for non-compliant websites.

Interestingly, the ACCC fines businesses for publishing duplicate information that does not relate to their unique business operations. Additionally, you may not be able to rely on your Terms and Conditions if they do not specifically relate to your business operations. So if you’ve not had your Terms and Conditions specifically prepared for your business, it might be timely for you to ask us to review them for you.


Convinced that implementing appropriate, well drafted Terms and Conditions are a great idea for your business?

If you are interested in preparing some Terms and Conditions that pack a punch (or protect you from one) get in touch with the team at ABA Legal Group today!

In addition to Terms and Conditions, we offer a range of essential legal services for start up businesses and beyond, check out some of our latest blogs to get an idea of how we can assist your business to protect itself and continue expanding without any hiccups.


Co-written by Kurt Fechner.

The information contained in this blog is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. In all cases, you should consult with a professional advisor familiar with your factual situation for advice concerning specific matters before making any decisions. By reading this blog, you confirm your understanding of this disclaimer.

Tammi McDermott
We provide you with comprehensive corporate advice to help achieve your definition of business success.

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