A lot of businesses that are just starting out take the easy road and copy their website terms and conditions from a similar business or competitor. If you are doing this – STOP!
Aside from the fact that you are breaching another business’ copyright, their terms and conditions have most likely been prepared for their own unique set of circumstances and will not apply to you.
The Australian Competition and Consumer Commission has cracked down on businesses in the past where their terms and conditions break the law. In some cases, the ACCC can even impose penalties of up to $1.1 million for businesses or $200,000 for individuals. Being lawyers, our maths isn’t great, but we think that’s a pretty expensive set of terms and conditions!
Also, there is no guarantee that the other business’ terms and conditions actually comply with the law or cover off terms that are relevant to your business. It could be a case of the blind leading the blind!
Here’s what we think makes a good (or great) set of website terms and conditions:
- specifically tailored for your business
- complies with the law, such as the Australian Consumer Law (which, importantly, contains rules about refund policies)
- doesn’t make any misleading representations
- incorporates or cross-references your privacy policy
- has clear disclaimers about liability and your customer’s use of your website
For help with your TCs, contact us now.