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Don’t Get Caught Without Website Terms & Conditions

Last week (18 September 2012) the Australian Competition and Consumer Commission (ACCC) commenced reviewing websites to catch sites that are not complying with the Australian Consumer and Privacy legislation.

Any websites selling goods and services to Australian consumers that do not have Terms and Conditions that make it clear to consumers the terms upon which they are purchasing the good and services, may be breaching consumer legislation.

Even if you have posted Terms and Conditions of purchase this may not be sufficient if the Terms are not clear or are misleading to visitors, your website may be penalized and named in adverse public notifications. Any non-compliant site with Terms and Privacy Policies that do not comply with consumer legislation or privacy requirements will receive a hefty fine and public notification. This could be a substantial risk to company reputations for something that can be easily and inexpensively avoided.

Don’t copy another website’s Terms and Conditions …

You cannot copy other website Terms or Privacy Policies – you need to ensure you have relevant and up-to-date compliant Terms and Privacy Statements on your website. Otherwise, wait until you can afford to ensure you have compliant Terms before you open your site for business. Otherwise you risk public adverse publicity if the ACCC reviews your site and it is non-compliant.

The regulators are becoming stricter with internet businesses and generally no matter where you are located, if you are selling to Australian consumers, you are within the legislative spectrum and subject to the fines and shutdown. Despite that fact that the regulation in this area has been ‘loose’ and less clear for online businesses previously, there is a large and continuing push in the regulatory sphere to ensure that consumers are protected and personal privacy is maintained.

With Privacy being the legislative focus in the last year and current new proposed legislation being considered in the Senate today, online business owners need to be vigilant and ensure they are compliant on a regular and continuing basis. The new latest Privacy laws put the onus on the recipient businesses who may pass on private personal details to external companies, making the recipient business responsible for a breach by any other third party.

Be vigilant and ensure your Terms and Conditions and Privacy Policy reflect the latest legal requirements!

We’ve combined all the legal notices you’ll need to set up your online business (Privacy Policy, Disclaimers and Terms & Conditions) into one easy package:

Website Legal Package »

Published on 24 September 2012 Filed under Website Terms and Conditions

About Vanessa Emilio

Vanessa Emilio (BA Hons, LLB, ACIS, AGIA) is the Founder and CEO of Legal123.com.au and Practice Director of Legal123 Pty Ltd. Vanessa is a qualified Australian lawyer with more than 20 years experience in corporate, banking and trust law. Email Vanessa at [email protected].

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Legal123 was the first 100 per cent online law firm in AustraliaLegal123 is an Australian full-service law firm founded in 2009. We were the first 100% online law firm in Australia and are proud to be part of a growing movement to provide value-for-money legal services online. We offer both online legal templates and customised legal work. Our templates are designed for standard situations. We also do custom legal work for clients who have non-standard requirements or need legal advice. More »

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Free ‘How To’ Guides

Copyright Infringement Myths
Do I Need a Will?
How to Choose the Right Business Structure
How to Comply with GDPR
How to Develop an App
How to Divorce in Australia
How to Hire an Independent Contractor
How to Manage a Holiday Rental Property
How to Run an Online Forum
How to Set Up an App Business
How to Set Up an Online Business
How to Trademark Your Business Name
How to Write a Confidentiality Agreement
How to Write a Letter of Demand
How to Write a Privacy Policy
How to Write a Shareholder Agreement
How to Write Terms and Conditions
How to Write a Will in Australia
Legal Guide for Bloggers
Legal Guide for Consultants
Legal Guide for Copywriters
Legal Guide for Graphic Designers
Legal Guide for Life Coaches and Mentors
Legal Guide for Personal Trainers
Legal Guide for Photographers
Legal Guide for Property Managers
What Legals Do I Need for My Website?

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