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Do I Need Ts&Cs And A Privacy Policy On My Website?

Do I Need Ts&Cs And A Privacy Policy On My Website?

When creating a website, there are a variety of factors to consider, including getting a domain name, hosting, the website design, text and pictures, SEO, as well as your legal terms and conditions and privacy policy. We go through some of the legal issues, such as whether or not you should add terms and conditions and a privacy policy on your website.

What are the Ts&Cs?

When referring to your website's Terms and Conditions, the word Ts&Cs is often used to refer to your Terms of Use and / or your Terms and Conditions. There is a distinction between the two, which will be described in further depth later in this section.

Is it necessary for me to have a Terms of Service on my website?

In a nutshell, you absolutely should. The Terms of Service govern the access to and use of your website, as well as any associated software. Incorporating Terms of Service into your website helps you to reduce your risks in a number of different ways. For example, they can help you with the following tasks:

Ensure that your intellectual property is protected in the material shown on the website;

  • Restrict your legal responsibility;
  • Make it impossible to rely on the material;
  • Specifies the manner in which users may interact with your website, as well as any forbidden actions, such as interfering with the website or posting specific remarks on the website; and
  • Identify the laws that will apply to the usage of the site before you begin.
  • Not include Terms of Use on your website may subject you to needless danger, and Terms of Use should be prominently published on all websites.

What is the difference between terms of use and terms of service on my website, and do I need to post terms and conditions on my website?

If you do business via your website rather than just using it for marketing purposes, you should provide your whole set of commercial terms and conditions. It is possible that your trade terms will include other concerns not covered by your Terms of Usage, such as payment and refunds, delivery and use of the products or services, among other things. They are more focused on the sale of your products or services as opposed to the usage of your website as a general resource.

If a user chooses to buy products or services via a website, some firms prefer to have just one set of Terms and Conditions, and they specify which extra terms apply inside the document.

Is it necessary to have a privacy policy on my website?

Australian law does not require every firm to have a privacy policy or to post one on their website, and this is particularly true for small enterprises. If your company is not legally obliged to have a privacy policy, it is nonetheless highly suggested that you do so to protect your customers' information. Displaying a privacy policy on your website informs visitors who visit and interact with your website about how you will treat the information they provide.

If you only want to adopt a privacy policy if you are legally required to do so, you can use the privacy checklist for small businesses, which can be found on the Office of the Australian Information Commissioner website, to determine whether your company is legally required to have a privacy policy in the first place. Firms having an annual revenue of more than $3 million and operating in Australia, as well as certain other small businesses, are obliged to establish a privacy policy, according to Australian law. If you have any issues regarding whether or whether you are obliged to establish a privacy policy, you should consult with us.

If you have a presence in the EU, provide products and services in the EU, or monitor the behavior of persons in the EU, you should evaluate if you will be required to take any actions to comply with the General Data Protection Regulation (GDPR), which takes effect on May 25, 2018. (GDPR).

It is recommended that you include a Privacy Policy on your website if you gather any personally identifiable information via it, such as names, email addresses, or phone numbers. Users of your website may be more likely to offer you with their information if they know precisely what you plan to do with that information. By doing so, you may be able to grow an email list more quickly and generate more leads via contact forms.

Is it OK to just copy the terms and conditions and privacy policy from another website?

In a nutshell, no. You would be infringing on another company's intellectual property, and their terms and conditions and privacy policy may not be appropriate for your company's operations. Your Terms of Use, Terms and Conditions, and Privacy Policy should be tailored to the operations of your particular company, which is likely to vary from the activities of other firms in the same industry.

Is it possible to just buy template terms and conditions and a privacy policy?

Some organisations, such as legal firms, offer pre-written Terms of Use and Privacy Policies in template form. Because these templates often have major disclaimers, you should carefully check the appropriate terms and conditions before buying any of these templates. You may believe that you have gotten legal counsel by buying these templates from a law company; nevertheless, legal advice is often omitted since your individual circumstances have not been taken into consideration. The highest degree of security is to hire an attorney to draught your Terms of Use, Terms and Conditions, and Privacy Policy so that they accurately represent the unique activities of your organization.

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