Think You Don’t Need Website Terms & Conditions?...
“You may want to think again.
As a small business lawyer who helps clients across a range of industries, I find myself asking the following questions – a lot!
Do you run a blog?
Do you give out information on your website that others may use to inform their work, life, etc.?
Do you sell items through your website?
Do you have images that are yours and you want to protect from reuse?
Do you link to third-parties through your website?
Do you list your services on your website?
If you answered yes to any of the above, then you need Website Ts & Cs.
Why?
Here in Australia, the Australian Consumer Law (‘ACL’) sets out the legal rules for your business to protect Australian consumers (your customers/clients).
If someone relies on what you say in your blog as ‘advice’, and you don’t have Website Ts & Cs limiting your liability and making it clear that the information you are providing is general in nature only, they may be able to make a claim against you if things go wrong.
If someone copies your information and you don’t have Website Ts & Cs, you may have difficulty seeking to protect your intellectual property, whilst someone else could be profiting off your hard work.
If you sell goods and services via your website, the ACL clearly requires you to publish your Website Ts & Cs so they are easily accessible by users, and it is important that users are able to review these before continuing to use your website and purchase from you. Failure to comply could result in a legal claim against you if a consumer has an issue with your products or services.
I can list many more reasons, but I think the above is enough to show why I see Website Ts & Cs as vital! (And I may have already caused some people’s hearts to skip a beat with what I have outlined above.)
OK, what are they?
Website Ts & Cs are a set of ‘rules’ that govern how users are permitted to use your website, and the content on your website. They are designed to clearly outline the expectations of visitors to and users of your website, and importantly, they set out what is prohibited.
Your Website Ts & Cs will include a disclaimer to limit your liability arising from the use of your website and the material on it, and they will protect your intellectual property.
But no one really reads them … do they?
I am asked a lot whether consumers actually read the Website Ts & Cs. My answer is always the same – it doesn’t matter! If the law requires you to have them, then how often they are read is irrelevant. You need to have them, and if you don’t, you are failing to comply with the ACL and you may have nothing to protect you and your business if someone does wish to lodge a complaint against you.
It’s also important to note that from a reputation management point of view, not having your legal ‘ducks in a row’ (which includes Website Ts & Cs) can cause you to appear unprofessional or ill-informed to prospective clients or customers.
Your Website Ts & Cs are an opportunity for your business to demonstrate the high-level of professionalism that you adopt; to illustrate that it matters to you to be transparent with your customers or clients as to the terms you wish to engage with them on. You are able to outline for your clients or customers how your site works, and what it prohibited; the specific terms you wish to operate by (including payment terms and cancellation or refund policies) – this is all important information and helps ensure positive interactions with your customers and clients, and allows the opportunity to nurture and grow your relationships.
If you run a business and you have a website, then my question to you is “why wouldn’t you want Website Ts & Cs?”.
I know this can appear overwhelming, but it doesn’t have to be. If you need to chat about your Website Ts & Cs or other legal documents for your business, I’m here to help, to listen with care and compassion, and to help you ensure you are protected so you can do the great work you do. Remember – In business, prevention is better than cure!”
Want to get in touch and find out more? Click here to enquire now.
Our resource Legal Advice for Small Business: The Ultimate Guide might also be helpful.