Terms and conditions

It is essential for your e-business to outline terms and conditions on your website which govern the manner in which the website is to be used and the specific obligations that the user must accept prior to using the website.

These general usage terms and conditions should be separate from the terms and conditions for on-line purchasing. Online purchasing terms and conditions should outline the various terms of the purchase agreement that must be agreed to before the transaction can proceed. You should state that the terms and conditions (whether for general use or purchasing) cannot be varied by any person unless there has been a prior written agreement.  

Terms and conditions should be present on the website in the form of an agreement known as a "clickwrap" agreement. This means that the person using your website needs to view and then agree to the terms and conditions via an "I agree" button at the bottom of the terms and conditions, before being able to proceed.  

Terms and conditions outlining general use

Terms and conditions for general site use should specify the general conditions a user must abide by when using the website.  For example, they should include:

• a statement outlining the terms of use of the website, such as what the user is allowed to do
• a warning stating that if the user does not agree with any of the terms and conditions they should immediately exit the website
• a statement that users posting information on the site will indemnify you for any loss suffered as a result of using that information
• a statement setting out the terms for linking to other sites
• a privacy statement
• a statement asserting ownership of copyright and all intellectual property rights
• a disclaimer for all liability (in accordance with law). 

Terms and conditions outlining online purchasing

Terms and conditions for on-line purchasing should contain as a minimum:

• the applicable price and other associated costs
• a statement detailing payment options and information on currency, defaults, cancellation, refund and delivery of goods/services
• a statement outlining which law applies to the agreement
• a warranty that the purchaser is over 18 and has authority to enter into the contract
• where possible, a statement specifying the countries in which the goods or services are available for purchase
• a disclaimer for liability (as permitted by law, Trade Practices Act etc).

The above lists are not exhaustive and will depend on your specific e-business. In order to minimise your legal risks it is essential to obtain commercial and legal advice for effective online contracting and implementation of appropriate terms and conditions.

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