Do Your Website Terms & Conditions Actually Protect You?
- JLAJLA
- Apr 21
- 4 min read
Intro
Your website might already have a terms and conditions page—or maybe your developer told you to add one. But what should it actually include? And how do you know if it’s doing its job?
This post breaks down what your website T&Cs should cover, how they differ from your usual business terms, and why they need to reflect how your site actually works—not just what a free template says.
Why It Matters
Website terms aren’t just legal filler. They clarify what users can—and can’t—expect when they visit, book, buy, or download from your site. If they’re vague, outdated, or never referenced, they may not help when you need them.
If your site accepts payments, collects personal data, allows bookings, or delivers content, generic T&Cs won’t cut it. They need to be accurate, visible, and enforceable—because online business carries real risk.
What You Need to Know
What Website Terms Should Cover
Your website terms should reflect how your site actually functions. At minimum, you should consider:
Use of Site - Outline acceptable use of the website, such as prohibiting misuse, unauthorised access, scraping content, or uploading malicious files. You can also reserve the right to suspend or block access if these rules are breached.
Disclaimers - Make it clear what your site is—and isn’t. If you provide information but not personal advice (e.g. legal, financial, health), include a disclaimer to limit reliance. If results or outcomes can’t be guaranteed, say so.
Privacy and Data Collection - Explain what data you collect (e.g. form submissions, cookies, analytics), how it’s stored and used, and what rights users have. This section should be consistent with your privacy policy, and mandatory if you collect personal information.
Intellectual Property - State that you own the content, layout, and branding of your site. Clarify that users can’t copy, reproduce, or republish your materials without permission, and specify how user-generated content (if any) is treated.
User Accounts or Logins - If your site includes user accounts, set expectations around security, access, and misuse. Consider a clause limiting your liability for unauthorised access or loss of data.
Payments, Refunds and Deliverables - If your site includes ecommerce, explain pricing, payment processing, cancellation, refund eligibility, delivery timeframes, and digital product terms. These clauses should mirror your internal policies.
Governing Law and Dispute Resolution - Nominate the jurisdiction that governs your terms (typically NSW law) and outline your preferred method of dispute resolution—whether court, mediation or otherwise.
The Nature of Your Website Matters
Each type of site comes with different risks and obligations, which is why your terms should reflect exactly what your website does.
Basic Informational Website - If your site is purely informational (e.g. brochure-style site with no forms or logins), simple disclaimers and copyright notices may be enough. Make it clear the content is for general information only and not personalised advice.
Lead Generation or Contact Forms - If your site collects user data (even just names and emails), you’ll need privacy provisions that explain what’s collected, how it’s used, and how users can access or correct their information. You may also want terms limiting your responsibility for third-party platforms (e.g. scheduling tools).
Online Bookings or Consultations - If users can book appointments or consultations through your site, you should include terms about availability, rescheduling, cancellation fees, and what’s included in the session. Make it clear when a booking becomes binding and what happens if either party needs to change it.
Ecommerce and Digital Products - If your site processes payments for products or services, your terms should include: pricing, currency, payment gateways, refund policy, delivery timelines, and any usage restrictions for digital products. Consider additional clauses if subscriptions or memberships are involved.
Client Portals or Accounts - If users log in to access restricted areas or client materials, set clear expectations around access rights, login security, and content usage. If content is time-limited or access is revoked after a term ends, state that explicitly.
| Tip: If your website collects any data or allows transactions, your T&Cs should do more than just state that users “use the site at their own risk.”
What’s Often Overlooked
Policies that don’t match how the site operates—especially if you've added new functionality
Terms that are copied from other industries or countries
No link to terms or privacy policy from key user touchpoints (e.g. forms or checkout)
No statement about Australian law or jurisdiction
Tip: Users should be able to find your policies easily—and agree to them before they submit data, make an enquiry, or engage your services.
Commercial Insight
Website terms are part of your digital infrastructure. They don’t have to be long—but they do have to be right. A basic template won’t protect you if your site handles client data, processes payments, or makes representations about your services.
Clear, fit-for-purpose T&Cs help manage expectations, reduce legal risk, and show users you run a professional, trustworthy business.
What to Do Next to Check Your Website Terms & Conditions
Review your website’s features—what data do you collect, what actions can users take?
Compare this with your current legal docs—are they still accurate?
Make sure your privacy policy covers everything, including cookies and tracking tools
Ensure links to terms and privacy appear before users submit data or checkout
Get legal advice if your site books sessions, sells services, or collects sensitive info
Closing Wrap
I write website terms and conditions that actually match how your site works—so you’re not relying on recycled clauses that don’t fit. If your website is more than just a digital brochure, your legal docs need to do more too. Let’s get them sorted.
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