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Re: Website Terms & Conditions – the do’s and don’t – Any thoughts?

LeonieB, post: 10308 wrote:
Hi Everybody,

I’m in the process of typing up the terms & conditions of my online marketplace website, and have a few questions. So here it goes:

  • Are there any compulsary sections which must be included in a website’s terms & conditions?
  • If you DIY, must it be “signed off” by a solicitor or lawyer? Will it still be viewed as a binding contract if it was not signed off by a legal professional?
  • If you have a list of prohibited or restricted items which you do not want sellers to list on the website, would this typically form part of the terms & conditions, or should that be seperate?
  • what are the big Do’s and Don’ts for website’s terms & conditions?

Any suggestions or thoughts?

Regards,
Leonie

Hi Leonie,
I see this is a fairly old post so you have probably had this sorted by now, and this is not legal advice but:
As far as i know, if you DIY, your terms would still be a binding contract if they contain the six essential elements required to constitute a contract I.E
Intention to create a legal relationship
Given the nature of your offering is a commercial transaction, this would be a given
Offer and acceptance
An offer made by one party and acceptance by the other
Consideration
Some sort of mutual promise, usually of value. I promise to give you advertising space and you promise to pay me.
Capacity of parties
Both parties have the capacity to enter into a contract. Neither one of you are drunk, retarded, under the age of eighteen, under the influence of drugs or alcohol.
Real Consent
Neither party entered into the contract under duress, undue influence, or as a result of a misrepresentation.
Legality of object
The contract must be for something that is legal. If you had a contract with someone to kill another person for example, this would not be enforceable.

Hope that helps.
If there any lawyers reading this, please feel free to jump in.

If you don’t want specific items on your site, put it in your terms.
Whilst not compulsory, there are are several clauses that should be included to avoid problems down the track

If you think it’s worthwhile, Take a look at http://www.nbservices.com.au and get in touch, I’m happy to have a chat.