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  • #967204
    5869#deleted
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    Hi All-

    Just wondering what people thought about accepting Terms & Conditions on websites. I’m in a process of building a website for my online startup business, which i will gladly tell you all about when it goes live!

    My question is…

    1. would ticking a box that states “By ticking this box you accept the Terms & Conditions” stop you from using a website?

    2. does simply having a Terms & Conditions statements on the bottom of the website protect someone from any legal action that could arise?

    Thanks Flying Soloists!

    #1024511
    Past-Member
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    If I had to tick it to look at a website I would go elsewhere.
    If I had to tick it to purchase something, that would be ok.

    #1024512
    5869#deleted
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    thanks to you both for commenting.

    my web developer suggested that some websites kill two birds… by this he means that by pressing submit on a website to post something, the user automatically accepts the terms & conditions.

    any thoughts on that?

    regards,

    Melvin

    #1024513
    Mat
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    From what I understand (im no lawyer) you need to make the terms and conditions visible for everyone to see and then you would just need something saying to proceed you must accept the terms. Otherwise if you have a link to where the terms and conditions are then you need to specify an option purely for accepting/declining the terms.

    You are best to make it as simple as possible so that you are garunteed that every person that purchases a good from your site can see the terms and conditions and you need to try and make it impossible for them to be able to skip reading it otherwise if things went sour their claim would be “the terms and conditions weren’t visible, i didn’t read them or accept them”.

    Basically you are creating a contract when someone purchases something so I believe it requires the same pre-requisites that a normal contract requires (think there is about 7 areas, offer, acceptance etc).

    #1024514
    5869#deleted
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    Hey Mat-

    thanks for your input! that’s something to ponder. i’ll speak with my web developer and see what we come up with.

    regards,

    Melvin

    #1024515
    Steven Hudson
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    KarenC, post: 28947 wrote:
    If I had to tick it to look at a website I would go elsewhere.
    If I had to tick it to purchase something, that would be ok.

    I ‘m with KarenC
    Add when joining forums!!!

    Cheers

    Steven

    #1024516
    5869#deleted
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    Sorry Steve, i don’t know what “add” means?

    #1024517
    Solo Lawyer
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    Dear melvinbuenafe

    Usually if will be enough from a legal perspective if you make it clear on your website that any purchases from the site or any use of the site will be subject to the terms of conditions. You do not need the additional step if having the customer/user tick a box.

    However there is a new proposed law which may have an impact on this general practice. A new prohibition on unfair contract terms is going to be introduced to the Trade Practices Act 1974 later this year. This new law will give customers the right to get out of standard form contracts (ie contracts which are not negotiated) if they contain an unfair term.

    In the light of this new law, it may be a good idea to do two things (1) include a box for customers to tick to show they have accepted the terms and conditions and (2) review your proposed terms and conditions to make sure there is nothing that may be considered unfair, such as unilateral variation clauses.

    Bye

    Michael Terceiro
    Solo Lawyer
    http://www.terceiro.com.au

    #1024518
    5869#deleted
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    Hi Michael-

    Thank you for that. I really do appreciate it. Not being a lawyer and not in the loop as such… Is there anyway of finding out when this new law is passed later in the year? ie. is there a newsletter i can subscribe to?

    The reality is i’ll probably forget that such a law is being considered in 6 months time!

    Regards,

    Melvin Buenafe

    #1024519
    John Debrincat
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    melvinbuenafe, post: 29342 wrote:
    Hi Michael-

    Thank you for that. I really do appreciate it. Not being a lawyer and not in the loop as such… Is there anyway of finding out when this new law is passed later in the year? ie. is there a newsletter i can subscribe to?

    The reality is i’ll probably forget that such a law is being considered in 6 months time!

    Regards,

    Melvin Buenafe

    Hi Melvin,

    The most commonly forgotten issue on websites are the T&C’s and yes they are really important if you are selling something or not.

    Basically you need to cover off a few issues:

    1. Terms & Conditions and Terms of Usage – who can use the website and why. For example if your selling adult products or alcohol you will need to provide license info and also restruction for age. The T&Cs will need to cover a number of areas to protect you and your customers. You can find some sample terms here – http://tinyurl.com/ecommerce-legals. If your selling online I would strongly recommend you get a little legal advice.

    2. Return and refund policy – if your selling online essential to spell it out

    3. Copyright notice and recognition of other brands displayed on the website

    4. Privacy Policy – makes visitors feel safer if it is clearly displayed

    5. Protect the website with SSL and show proper contact details and don’t use a personal email address for $50 or so a year you can get a business email address. Don’t use a personal or mobile phone number for a few dollars a month you can get a 1300 or 1800 number diverted to any phone. If you don’t have a office then get a PO Box around $90 a year.

    Nothing can be assumed from a legal perspective so it is important to have necessary notices clearly displayed and it is also essential to have the terms and conditions accepted. If you use a tick box that is OK but it must be mandatory to tick the box before proceeding. I would recommend have a link to T&C’s, Privacy policy, Usage term etc be on the footer of the website.

    If it is a shooping site then display the “accept terms” box in the cart process and provide a link to T&C’s in the cart, generally last step before payment so after the full price including shipping has been calculated.

    You can’t void the Trade Practices Act it is a given but you can set certain terms of business as long as they are clearly spelled out.

    John

    #1024520
    5869#deleted
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    Fantastic… John… simply great info.

    Many thanks. I’m now following your tweets and going through your website!

    I’ll keep coming back to this thread as a reference and as the website develops.

    Regards,

    Melvin Buenafe

    #1024521
    John Debrincat
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    melvinbuenafe, post: 29350 wrote:
    Fantastic… John… simply great info.

    Many thanks. I’m now following your tweets and going through your website!

    I’ll keep coming back to this thread as a reference and as the website develops.

    Regards,

    Melvin Buenafe

    No problems Melvin and one last bit of advice if you are selling products online you need to show the price inclusive of GST and make it clear. The ACCC has been cracking down lately on websites not showing the full price on products. If you only sell B2B it is OK to have nett but if there is any possibility of a consumer going to the site you must use gross prices.

    Good luck

    John

    #1024522
    Solo Lawyer
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    Dear melvinbuenafe

    The unfair contract legislation is supposed to commence in July 2010. It is currently before the Senate and should get through in March.

    One thing you keep an eye on is the ACCC website as they will be the government department responsible for administering the new law – http://www.accc.gov.au. They are likely to provide some practical information on the new law when it comes into effect.

    If you have some time and want to know the details of the new law, then the best place to start is the Explanatory Memorandum – see pages 11 to 39 –
    http://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/r4154_ems_741e3bf4-75b9-4cca-b0fe-537224468fca/upload_pdf/331144.pdf;fileType=application/pdf

    Having said maybe the best thing to do is for me to write a short article for Flying Solo on the new law. I will put that on my to do list.

    Michael Terceiro
    Solo Lawyer
    http://www.terceiro.com.au

    #1024523
    5869#deleted
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    Hi Michael-

    FlyingSolo has done well with you! I suppose sharing is caring and i’m pleased you took the time to post that on this thread.

    I think spreading the word is a great idea.

    thanks again!

    #1024524
    topbuy
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    hello..

    I’m still new to this forum but I hope I can help.. I think it would be good to tick a box when accepting terms and conditions..it protects your site as well..

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