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When Does a Website Require Terms and Conditions?

Generally all sites should have Website Terms and Conditions. This will decrease the risk of the owner of the website’s liability for damage claimed to have been suffered by a visitor to their site, in a number of ways.

With a website being accessible to anyone, a website owner has no control over who accesses the site or how the information on the site is used. Not only do terms and conditions limit liability of the site owner and in most instances they form a contract with a user or visitor to your website.

Essentially every website that provides any type of goods or service should include terms and conditions governing the payment or delivery of that good or service. In the instance of sale of a product or service on a website, the visitor or customer should be required to click to accept these terms and conditions.

Website terms and conditions are essential for a number of reasons. First, with the commercial reality that when there is business online, and with potential clients anywhere in the world, by having terms and conditions that are clearly outlined, the governing law will be on the website owner’s terms and according to their country jurisdiction so there will be no ambiguity despite location of any buyer of goods or services.

Second, following this, is that regulations differ from one country to another so the website owner will need to ensure their terms and conditions comply with the laws in their country.

Website Terms and Conditions are essential

When a website is providing any type of goods or services, it is absolutely essential to have terms and conditions. This is done to outline how and the terms upon which the goods and services will be provided; this may be as simple as terms of shipping or as complex as outlining terms for a security trading account. These terms and conditions will also outline the extent of the website’s liability for these goods and services.

A common example of this is when goods are provided, the website will be responsible for them while in their possession, but at the time of shipment onwards it is then the buyers responsibility. Other related terms of sale would also be included in the terms and conditions of this type of transaction such as, for example, terms of return of goods, if any, and warranties on the goods or services.

With the worldwide accessibility of websites and website owners being willing to do business with any customer, websites owners should attempt to minimize any possible risks that are posed no matter how foreseeable and wherever possible through strongly worded website terms and conditions.

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 28 November 2011 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. Follow this link to read the full bio of Vanessa Emilio.

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How to Set Up an App Business
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