When setting up a website, there are a number of things to consider, including securing the domain name, hosting, the website design, copy and imagery, SEO and your legal Ts&Cs and Privacy Policy. We discuss some of the legal considerations, including whether you need to include Ts&Cs and a Privacy Policy on your website.
What are Ts&Cs?
In the context of your website, the term Ts&Cs is often used to describe your Terms of Use and / or your Terms and Conditions. There is a difference between the two and this is discussed in further detail below.
Do I need to include a Terms of Use on my website?
In short, yes you should. The Terms of Use govern the access and use of your website. Including a Terms of Use on your website allows you to minimise your risks in several ways. For example, they can assist you to:
- protect your intellectual property in the content displayed on the site;
- limit your liability;
- prohibit reliance on the content;
- specify how users may use your site, as well as specify any prohibited actions, such as tampering with the site or making certain comments on the site; and
- determine which laws will govern the use of the site.
Failing to include a Terms of Use on your website may expose you to unnecessary risk and a Terms of Use should be displayed on all websites.
Do I need to include Terms and Conditions on my website and are these different to the Terms of Use?
If you trade through your website rather than just use it as a form of marketing for your business, you should include your full trading terms and conditions. Your trading terms will cover additional issues not otherwise included in your Terms of Use, such as for example, payment, refunds, delivery and use of the goods or services. They are more specific to the sale of your goods or services as opposed to just the use of your site.
Some businesses choose to have one set of Terms and Conditions and set out within the document which additional clauses apply if a user proceeds to purchase goods or services through the website.
Do I need a Privacy Policy on my website?
Under Australian Law, not all businesses are legally required to adopt a privacy policy or to display one on their website. Even if your business is not legally required to adopt a privacy policy, it is still recommended that you do so. Displaying a privacy policy on your website explains to those who access your website and interact with it, how you will handle their information.
If you only wish to adopt a privacy policy if you are legally required to do so, you can take the privacy checklist for small business available on the Office of the Australian Information Commissioner website to determine whether your business might be legally required to adopt a privacy policy. Generally speaking, businesses with an annual turnover of more than $3 million and operating in Australia are required to have a privacy policy as well as some other small businesses. If you have questions about whether you are required to have a privacy policy, you should contact us for advice.
If you have an establishment in the EU, offer goods and services in the EU or monitor the behaviour of individuals in the EU, you should also consider whether you will need to take any steps to comply with the General Data Protection Regulation (GDPR).
If you collect any personal information through your website, such as names, email addresses or phone numbers then you should include a Privacy Policy on your Website. Doing so may may make building an email list easier and result in more leads through contact forms as users of your website may be more willing to provide you with their information if they know what exactly you intend to do with that information.
Can I just copy the Ts&Cs and Privacy Policy from another website?
In short, no. Besides the fact that you would be infringing on another business’ intellectual property by doing so, their Ts&Cs and Privacy Policy may not be right for your business. Your Terms of Use, Terms and Conditions and Privacy Policy should reflect the operations of your own business, which is likely to be different to other businesses.
Can I just purchase template Ts&Cs and Privacy Policy?
Some businesses, including law firms, sell template Terms of Use and Privacy Policies. You should review the applicable terms and conditions before purchasing these templates as in most cases, they come with significant disclaimers. Whilst you may think that you have obtained legal advice by purchasing these templates from a law firm, legal advice is often excluded as your specific circumstances have not been considered. The best level of protection is to engage a lawyer to create your Terms of Use, Terms and Conditions and Privacy Policy to reflect the specific operations of your business.
Where do I start?
Contact us to discuss your requirements and we can provide you with a fixed fee quote for preparing your customised Terms of Use, Terms and Conditions and Privacy Policy.
Contact us to obtain a customised terms and conditions and privacy policy for your website
Information contained within this blog post is intended to be general information only and is not in any way intended to constitute legal advice. You should not act or rely on any information found in this blog post without obtaining prior advice specific to your circumstances.