Article By: Sarah Cappello, Partner Cappello Rowe Lawyers Sydney

3 things your online retail website needs and why.

1. Terms & Conditions; We usually recommend all bricks and mortar businesses have clear T&C’s however it is even more important when selling online to make the terms of the transaction clear to the customer. This will protect both you and them!
2. Terms of use; This is the rules that customers must follow when using your website and it will help protect you and your website.
3. Privacy Policy; You must set out how your business will deal with and store personal information from customers. This is required under Australian Privacy Principles (APPs).

Myth – Easy to ‘borrow’ from another website, it will be okay!

Let’s face it, many people think it is okay to ‘borrow’ or adapt T&C’s, ToU and Privacy Policies from other website but there are many reasons why this is not okay. Firstly if you copy and paste and pass off those documents as your own you are breaching copyright laws and are exposing yourself to a claim. Secondly, each online business is different and it is important that the terms properly reflect how your business operates.

 I have those documents already but are they okay?

If your website already displays your T&C’s, ToU and Privacy Policy well done, you are half way there! Here are a few key features that should be included

T&C’s should include things such as

1. Mandatory consumer guarantees and your refund policy (make sure they are up to date and reflects any recent changes – for example did you know that new laws regarding gift cards came into effect on 1 November 2019);
2. Details of what you sell and how you operate including description of your products and services and how and when they will be delivered;
3. The “legal stuff’ such as disclaimers and limitations on your liability.

Terms of use

These terms will inform your users how they can and cannot act when visiting your website. This document can also allow you to protect your IP and limit your liability.

Privacy policy

There are clear rules about what you need to include in your privacy policy and we can help to make sure you meet the criteria. There are fines to breaching the Privacy Act so it is very important that you comply!

We can help you prepare the documents

Although you cannot copy and paste the terms and privacy policies, Cappello Rowe Lawyers do have templates and guidelines that allows us to easily and quickly prepare your documents upon request. The end result is of course unique to your business however because of our experience we can streamline the process and the costs.

Get in touch with us on 6962 3433 or via email at info@cappellorowe.com.au for more information.