(And anyone with a shopfront should have an online shop)
The three key legal documents are:
- Website Terms of Use: These apply to every visitor to your website. These set out how users can use your website, prohibited conduct, republishing rules, and a disclaimer to limit your liability for your website.
- Privacy Policy: Your privacy policy states how your business will deal with personal information collected on the website. This includes what personal information you collect, disclose, store and use, including for direct marketing. It also sets out the information owner’s rights, including to complain about a breach of privacy law and to unsubscribe from your direct marketing.
- Sales Terms and Conditions: These apply to every customer. These need to cover practical information, including purchase, ordering and delivery. If you sell to consumers, then the terms need to address the mandatory consumer guarantees under the Australian Consumer Law, including a repair, returns and refund policy. Well-drafted terms also protect your business interests, with a disclaimer and limitation of liability, setting out your maximum liability and what you are not liable for. For example, you are not liable to refund or repair a product that has been used contrary to instructions.
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