Am I Accidentally Sending Spam Emails?

are you accidentally sending spam

Last updated: Today, I received a spam email – unsolicited and promoting a service. But in the footer of that email it stated “This email is not spam” and then the sender spent the next paragraph explaining why his email was NOT spam. Heavens! Factually wrong. Presumptuous, if not rude, too. I hope you’re not … Read more

Can Terms and Conditions Be Worldwide or Global?

image of worldwide terms and conditions

Last updated: More and more online businesses are marketing to overseas customers. With an online business you have access to a larger potential customer base – it’s an easy and low cost way to sell more goods and services. So what do businesses do about Terms and Conditions (“T&Cs”) for their customers in other countries? … Read more

Do I Need Insurance for My Website Business?

insurance for your website business

Last updated: Do you need insurance for your website business? It’s a good question. The short answer is “No”. But you do need protection. If you had a physical ‘bricks and mortar’ shop, you would have insurance to protect the goods you are selling against theft, fire and damage, among other things. You would also … Read more

Do I Need a Permit to Run a Competition or Contest?

running competitions or contests

Last updated: Competitions and contests are a great way to boosts sales, reward your loyal customers and hype your business. But before you decide whether to run a competition or contest, you need to understand the legal restrictions. Contests in Australia are divided into ‘games of chance’ and ‘games of skill’. A ‘game of chance’ … Read more

What Is the Law On Gift Cards and Vouchers?

selling gift cards

Last updated: Do you sell or offer gift cards, vouchers or certificates on your website or through your business? It’s a growing market, particularly for online businesses. But you may be surprised to know that if you don’t meet the Australian Securities and Investments Commission (ASIC) exemptions, you might need a financial services license to … Read more

Is It Legal to Not Offer a Refund?

to refund or not

Last updated: You have started your new business and set up a website selling your products. All is going well until you receive your first request for refund. Do you have to provide a refund? Take this case example: You are in the business of selling electronic software programs. The customer has purchased your software … Read more

Pros and Cons of Creative Commons Licences?

Last updated: Every creative work has automatic Copyright protection from the moment it is actually ‘created’. Nobody can use, share, copy or alter the work without the creator’s express permission. The one exception is ‘fair use’ – where a portion of the work may be quoted, for example, when being critiqued, commented on or parodied. … Read more

Am I Liable For Content Posted By My Website Users?

Last updated: Yes, as a website owner, you are liable for things people post on your website – also know as “user generated content”. By letting your website visitors post images, content, comments or contribute to your website, you may be opening yourself up to claims or headaches from issues you are not even aware … Read more

Does My Business Comply With Australian Consumer Law?

Last updated: The law is constantly changing, trying to keep up with the ever changing purchasing habits and environment of consumers. More and more business is being conducted online and anyone selling any goods and services to the Australian public must ensure they are aware of and are up-to-date with the latest requirements. The consumer … Read more

Disclaimer or Terms & Conditions: Which Is Better?

Last updated: From a risk management perspective it is essential that all websites include a Disclaimer on their site. Including a Website Disclaimer aims to protect a website owner from foreseeable and unforeseeable claims that a user of the website claims to suffer as a result of their reliance on the information on the site. … Read more