Don’t overlook your Terms of Use!

Don’t overlook your Terms of Use!

I have seen many online businesses in the retail space start with a “copy and paste”, template Terms of Use (or Terms & Conditions/T&C) on their website.  While it is convenient for a quick fix, it can be extremely risky to have your legal matters handled by an unreliable source.  It can end up costing you much more in the long run.

It’s tempting for a business to overlook their website terms because they are so commonly found on every online store or website and it’s easy to assume that there is no way that every user will read them all.  Just because we don’t think they are going to be read, does not mean they should be incorrect! When push comes to shove and you find your business on the receiving end of either difficult customers, complicated returns or data breaches – you want to know that your business is protected from liability under the law and that your customer’s are aware of your processes.

Being in the business of ‘putting out fires’ it’s definitely much easier to manage those fires if you have robust, tailored terms and conditions before the issue arises.

There have been heavy penalties issued by the ACCC in the past for misleading and deceptive conduct when it comes to unlawful refund policies in terms and conditions.   Don’t rely on someone else’s contract to protect your rights, just because your neighbours business has a policy saying they will not offer any refunds under any circumstances does not make it correct at law, and does not mean you should cut and paste!

There is no “one size fits all” when it comes to website terms and conditions.  Every business is different with different goods, shipping, handling, policies and risk profiles. This makes it important to have tailored terms and conditions drafted to suit you.

I’ve helped many businesses start off on the right foot with their tailored terms and conditions.  If you need assistance in drafting your terms and conditions, give me a call on 1300 033 934 or  for a no obligation quote.