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Website Terms and Conditions


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TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of __________ (the "Site"). This Site is owned and operated by __________. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property
All content published and made available on our Site is the property of __________ and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Accounts
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability
__________ and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless __________ and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of New Zealand.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

______________________________________
______________________________________
______________________________________

You can also contact us through the feedback form available on our Site.

Effective Date: ________ day of ________________, ________

Last updated March 15, 2024

Written by 

Reviewed by 


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Fact checked by 



What are Website Terms and Conditions?

Website Terms and Conditions outline the rules and regulations of a website, acting as a legal contract for a website’s users. They offer guidelines for user behaviour and confirm that users agree to follow the website’s rules. Terms and Conditions also inform the users of what to expect when using the site.

Creating custom Terms and Conditions for your website lets you protect yourself and your business or organisation from potential legal trouble by communicating rules and responsibilities to users.

Website Terms and Conditions are also known as:

  • Website terms of use
  • Website terms of service

Why do I need Terms and Conditions for my website?

Website Terms and Conditions let you establish contractual terms with your website’s users. You can outline prohibited behaviours, establish the website’s conditions, and protect yourself from being held accountable for errors or misinformation. By creating detailed Terms and Conditions for your website, you can:

  • Prevent abuse of your site and other users
  • Establish ownership of site content
  • Limit your and your company’s liability

When should I use Website Terms and Conditions?

Use Website Terms and Conditions any time you build a new website. No matter what type of page it is, whether it’s a blog, online shop, portfolio, media site, or site for your new business, having Terms and Conditions on your website protects you and your users. 

Using standard, generic Terms and Conditions isn’t recommended, and reusing Terms and Conditions from other websites won’t give you the protection you need. Additionally, copying another site’s Terms and Conditions could count as a copyright infringement. 

To avoid lacklustre protection and potential lawsuits, you need to create custom Terms and Conditions for every website

How do I write Terms and Conditions for my website?

Website Terms and Conditions contain information about your organisation, your site, and user behaviours and rights. A court will reference the document if there is ever a case against your organisation, so you should be thorough and detailed when writing it. 

LawDepot’s template makes the process easy with a simple and accessible questionnaire that you can fill out in minutes.

1. Your information

As the website’s owner, start by providing your or your organisation’s full name and the website’s domain.

Provide a way for users to contact you, such as a phone number, email, and address. Some websites also have a feedback form as a way of contact, so include this information if you have one.

2. Site information

Every website has specific functions and attributes that are important to note when creating your Terms and Conditions. To ensure your Terms and Conditions include the necessary information, you’ll need to note:

  • If there’s a minimum age requirement for users on your site
  • If users can create an account on your site
  • If users can buy goods or services on your site
  • If users can share their own content or create public posts on your site
  • The payment methods your site accepts, if applicable

For any websites that sell goods or services, you’ll need to include information about what kind of goods or services you offer. Specify if the purchases are one-time-only or if your organisation offers a subscription service. For subscription services, you should also indicate if it renews automatically and what your cancellation policy is like. 

3. Third-party contributions

Specify if your website sells products or offers services from third-party companies. You also need to clarify if your site will contain ads or links for third-party sites.

4. User behaviours

You can limit user behaviours by specifying unacceptable uses of your website. Some behaviours you might want to prohibit users from engaging with are:

  • Harassing or abusing other users
  • Violating the rights of other users
  • Committing copyright infringement against the site owners or any third party on the site
  • Hacking user accounts
  • Committing fraudulent acts
  • Posting material that may be deemed inappropriate or offensive

You can also specify any other user behaviour you wish to prohibit that might be specific to your site.

5. Guarantees

Depending on the nature of your website, you can include a guarantee in your Terms and Conditions. A guarantee is a promise on behalf of the company or entity to fulfil certain conditions.

For example, suppose a fitness instructor is selling an e-book with a 30-day personal training guide. The Terms and Conditions might include a guarantee that if they ever update that particular e-book, everyone who previously purchased a copy will receive an updated edition.

6. Disputes

You can choose to include details on how you will resolve any disputes between you and your website’s users. Conflicts can be resolved with mediation, arbitration, or mediation then arbitration.

You can also set who will be responsible for the costs of the mediation or arbitration. You’ll have the options of:

  • Splitting the cost equally
  • Holding the losing party responsible
  • Not including any details about costs

Note that even if you include this section on disputes, your Terms and Conditions will still allow disputes to be brought to a small claims court. Users of your site can make claims of intellectual property infringement and injunctive relief.

7. Additional clauses

If there’s anything specific to your website that you think is crucial to include, you can write your own additional clauses. Some guidelines for writing custom clauses are:

  • Write your clauses clearly and in plain language
  • Limit them to one paragraph in length
  • Use a new clause for each unique point
  • Use any predefined terms, such as Site, in your clauses

8. Choose an effective date

Set the date on which your Website Terms and Conditions will come into effect.

Does the law require Website Terms and Conditions?

No, Website Terms and Conditions aren’t legally required. However, creating Terms and Conditions for your website is a legally smart choice. A properly written set of Terms and Conditions can offer protection by limiting your company’s liability should a user or customer ever take you to court.

If you sell goods and services on your website, consumer protection law requires that you disclose certain information to consumers before they make a purchase. Your Terms and Conditions page is a good place to include some of that information.

Are Website Terms and Conditions legally binding?

Website Terms and Conditions are legally binding, but only if certain conditions are met. In order to count as a legal contract, the Terms and Conditions must be:

  1. Apparent to the user. The Terms and Conditions should be easy to find and not buried under several other pages.
  2. Accepted by the user. Typically, by using the website, a user indicates that they agree to the Terms and Conditions and willingly enter the contract.
  3. Written in accordance with the appropriate laws governing website use and user data.

If these conditions are met, then the Terms and Conditions will likely be upheld in court as a legally binding contract.

What’s the difference between Terms and Conditions and Privacy Policies?

Terms and Conditions and Privacy Policies are both important documents that cover different aspects of security for your website and users. 

Website Terms and Conditions aren’t always legally required, but they help protect the site by setting rules and conditions for its use. A Website Privacy Policy, on the other hand, is often legally required to protect users. A Privacy Policy informs users of how you’ll use their data and outlines practices for collecting, using, disclosing, protecting, and managing personal information. 

Because websites tend to be international, they can be affected by international privacy laws.

Use LawDepot's Privacy Policy template to ensure you’re covering all your bases when it comes to collecting, processing, and protecting user data.

Create your free Website Privacy Policy now

Do I need a lawyer to create Terms and Conditions?

No, you don’t need to hire a lawyer to create your Website Terms and Conditions. However, consulting a lawyer can help ensure your document meets your organisation’s needs and follows the appropriate laws. 

Can I make changes to my Website Terms and Conditions?

You can absolutely change your site’s Terms and Conditions — and you probably should, periodically. Any time you change something on your site that might affect your users, you should update the Terms and Conditions to reflect those changes.

You might need to update your Terms and Conditions for the following reasons:

  • Implementing new software
  • Starting to sell goods and services
  • Complying with the legal requirements of new laws
  • Creating an easier-to-read or more descriptive set of conditions
  • Adding new website functionalities

Note that any time you make changes to your Terms and Conditions, you should notify your users about the changes before they occur.

Failing to update your Terms and Conditions when necessary can result in negative consequences for your organisation. If your changes impact a user’s rights, you might be opening up your organisation to otherwise avoidable lawsuits. If a user isn’t aware of these changes, they can argue that they never agreed to them.

Related Documents

  • Website Privacy Policy: Create a Website Privacy Policy to inform users how you use collected data.
  • Digital Image Licence: Grant or gain permission to use a copyrighted image for personal or professional purposes.
  • Computer Services Agreement: Outline payment and service terms when a provider is offering computer-based services, such as repairs, updates, or installations.
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