Protect your online business with this Website Terms of Use Legal Document Template

Your Website Terms of Use govern the use of and access to any information contained on your website by visitors and customers of your website.

How do Website Terms of Use work?

Website Terms of Use outline how customers can use your website, what is prohibited, and includes a disclaimer to limit your liability for your website.

Website Terms of Use will also specify who owns the IP (Intellectual Property) in the information and other materials contained on your website and sets out the warranties and indemnities.

What are the benefits of Website Terms of Use?

When you have your Website Terms of Use clearly published on your website, you maintain control of your website.

Users of your website will clearly see your expectations and what they can or cannot do with your website and IP. You will have the right to terminate users who do not comply with your terms.

Who are these Website Terms of Use designed for?

• Any business owner with a website
• A business owner who has a website offering services and/or products to Australian customers (but Website Terms of Use should not be confused with Terms and Conditions of Trade and if you are offering services and/or products online via a website then you should have Website Terms of Use and Terms and Conditions of Trade clearly published and accessible to your online customers)
• Can be used Australia-wide in any State or Territory

What do the Website Terms of Use include?

These standard Website Terms of Use regulate the rights and responsibilities between the website owner and the website user.

It covers matters such as:

• Interpretation and Definitions
• Licence to use the website
• Restrictions on use of the website
• Reliance of content
• Confidential Information
• IP rights
• Accuracy and completeness
• Warranties and disclaimers
• Limitation of liability
• Indemnity
• Termination
• General
  • Notices
  • Variation
  • Waiver
  • Relationship of the parties
  • Survivorship
  • Assignment
  • Severance
  • Entire Agreement
  • Independent legal advice
  • Governing law and jurisdiction

FAQs

Do I need to have Website Terms of Use on my website?

Although it is not a legal requirement, it is highly advisable to have Website Terms of Use visible on your website.

Without this, you have no express legal rights to terminate users from your website who do not follow your rules or guidelines.

Having Website Terms of Use laid out gives you control over your website, and users can read your rules, requirements and restrictions.

Is this different to the Terms and Conditions of Trade?

Yes. Terms and Conditions of Trade regulate the rights and obligations of the business owner and the customer in respect of the goods and/or services being provided.

If you are supplying any goods and/or services to customers in Australia, then, in order to comply with Australian Consumer Law, you must also expressly publish certain mandatory statements for the benefit and knowledge of the consumer.

Website Terms of Use, on the other hand, regulate the rights and obligations of the business owner and the customer in respect of the use of the business website (and any information or materials published on the website).

Is this different to a Website Privacy Policy?

Yes. A Website Privacy Policy outlines the collection and use of personal information on your website, and this is another legal policy requirement that should be displayed on your website.

Generally, if a business collects any personal information from a customer, then, in order to comply with Australian Privacy Laws, a clearly visible, or easily accessible, Privacy Policy must be made available to the customer, so that they are made aware of their legal rights in respect of such personal information.

Where do I put the Website Terms of Use?

It is common practice to create a new page on your website to list your Website Terms of Use and have a link to the page in your website’s footer menu.

Your Website Terms of Use should be accessible at all times by the users of your website.

Can any business use these Website Terms of Use?

Yes. Any online business with a website can use these Website Terms of Use.

However, you need to be aware that these Website Terms of Use are general and not specific to any business or industry.

You will need to carefully consider the nature of your business, including the nature of the information or materials being published on your website, to ensure all relevant legal requirements, topics, issues and risk areas have been addressed by the Website Terms of Use (and if not, then seek legal advice and drafting services from a lawyer as it relates to your own specific purposes).

Does these Website Terms of Use cover all of Australia?

Yes. It does not matter where you are located; you can use this template in any State or Territory in Australia.

Current document version number

• Website Terms and Conditions – v2.2025