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Should I have terms and conditions, a disclaimer and a privacy policy for my website?

Website terms and conditions

Website terms and conditions should be included on websites which provide a paid-for product, service or subscription service. They are a detailed legal notice which set out the terms that visitors, users and customers of your website must follow to use your website and purchase goods or services from your website.

Website terms and conditions are also an effective way to:

  • ensure that you meet the requirements imposed by Australian consumer law;

  • inform visitors of the terms that apply to their use of your website;

  • provide protection, minimise risk and limit liability in connection with people using your website; and

  • give visitors to your website confidence and certainty by having a set of terms and conditions that they can refer to.

Website disclaimer

A website disclaimer is generally used for those websites that provide information only, such as a company brochure-type website.

If you publish information or advice on your website, you should have a website disclaimer. A website disclaimer is designed to protect you from visitors to your website who rely on that information or advice and then try and sue you on the basis that the information or advice is out of date, incorrect or otherwise misleading.

Website privacy policy

A website privacy policy deals with the collection of visitor and customer information on your website, such as email addresses and browsing activity. A privacy policy should generally be separate to the website terms and conditions.

If you collect personal information on your website, you should have a website privacy policy. A privacy policy should state that you will keep all personal information safe and secure and that you will not sell the information without their consent.

If you would like our help to prepare terms and conditions, a disclaimer and / or a privacy policy for your website, please contact our team of Mandurah-based commercial lawyers on or (08) 9535 4604 to obtain a fixed fee quote.


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