Website Terms of Use (Australia)
These Website Terms of Use (the "Terms") govern your access to and use of the website located at [Website URL] (also known as [Website Name]) (the "Website"), operated by [Business Name], [Business Structure], [ABN/ACN], of [Business Address], [Business City], [Business State] [Business Postcode] ("we", "us", or "our").
These Terms take effect on [Effective Date].
By [Acceptance Mechanism], you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
1. ELIGIBILITY AND AGE REQUIREMENT
1.1 By using the Website, you represent and warrant that you are at least [Minimum Age] years of age. If you are under [Minimum Age] years of age, you must not use the Website.
1.2 If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" refers to that entity.
2. CHANGES TO THESE TERMS
2.1 We reserve the right to amend these Terms at any time. We will notify users of material changes by posting a notice on the Website or by other reasonable means. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
2.2 We recommend that you periodically review these Terms. The most current version of the Terms will always be available on the Website.
3. INTELLECTUAL PROPERTY
3.1 All content on the Website, including [IP Description], is owned by or licensed to us and is protected under the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and other applicable Australian and international intellectual property laws.
3.2 Nothing in these Terms grants you any rights in or to the Website or its content other than the limited right to use the Website in accordance with these Terms.
3.3 You must not reproduce, distribute, modify, adapt, transmit, display, publish, sell, license, create derivative works from, or otherwise exploit any content on the Website without our prior written consent, except as expressly permitted by law.
3.4 Our business name, logo, and any trade marks or service marks displayed on the Website are our property or the property of our licensors. Nothing in these Terms gives you any right to use those trade marks without our prior written consent.
4. USER OBLIGATIONS
4.1 You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the Website.
4.2 You must not use the Website to:
- violate any applicable Australian or international law or regulation;
- engage in any conduct that is unlawful, fraudulent, misleading, or deceptive within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth));
- transmit any unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth);
- infringe the intellectual property rights of us or any third party;
- transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
- collect or harvest personal information about other users without their consent, contrary to the Privacy Act 1988 (Cth);
- interfere with or disrupt the integrity or performance of the Website or the servers or networks connected to the Website; or
- attempt to gain unauthorised access to any part of the Website or any connected systems in contravention of the Criminal Code Act 1995 (Cth).
5. AUSTRALIAN CONSUMER LAW — CONSUMER GUARANTEES
5.1 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
5.2 Where the Australian Consumer Law implies a guarantee that cannot be excluded, our liability for a failure to comply with that guarantee is limited (to the extent permitted by law and at our option) to:
- in the case of goods: replacement of the goods or supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the cost of having the goods repaired; or
- in the case of services: resupply of the services or payment of the cost of having the services supplied again.
5.3 Subject to clause 6.1, we provide the Website on an "as is" and "as available" basis without any express or implied warranty as to its accuracy, completeness, reliability, or fitness for any particular purpose.
6. LIMITATION OF LIABILITY
6.1 To the maximum extent permitted by law, we exclude all liability for any loss or damage, whether direct, indirect, incidental, consequential, special, or exemplary, arising out of or in connection with your use of, or inability to use, the Website.
6.2 This limitation applies to loss of profits, loss of data, loss of business or business opportunity, and any other economic loss, whether arising in contract, tort (including negligence), statute, or otherwise.
6.3 Nothing in these Terms limits our liability for fraud, willful misconduct, or death or personal injury caused by our negligence.
6.4 To the extent our liability cannot be excluded, our total aggregate liability to you for any claim arising under or in connection with these Terms is limited to AUD $100.
7. DISCLAIMER
7.1 The information on the Website is provided for general informational purposes only and does not constitute professional advice of any kind. To the extent it would otherwise do so, this clause does not exclude or limit the application of consumer guarantees under the Australian Consumer Law that cannot be lawfully excluded.
7.2 We make no representation or warranty that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
7.3 We expressly disclaim all responsibility for the accuracy, completeness, or suitability of any information on the Website to the extent permitted by law.
8. PRIVACY
8.1 We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our Privacy Policy explains how we collect, use, disclose, store, and protect your personal information. The Privacy Policy is incorporated into and forms part of these Terms.
8.2 By using the Website, you consent to the collection and use of your personal information in accordance with our Privacy Policy.
8.3 For any privacy-related requests or complaints, please contact us at [Contact Email].
9. SUSPENSION AND TERMINATION
9.1 We may suspend, restrict, or terminate your access to the Website at any time and for any reason, without notice and without liability, including if we reasonably believe that you have breached these Terms.
9.2 We may discontinue the Website or any part of it at any time without notice.
10. GOVERNING LAW AND JURISDICTION
10.1 These Terms are governed by the laws of [Governing State], Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of [Governing State] and the Federal Court of Australia.
10.2 Nothing in these Terms limits any rights you may have under the Australian Consumer Law or any other non-excludable right under applicable Australian law regardless of the jurisdiction clause.
11. GENERAL
11.1 If any provision of these Terms is invalid or unenforceable under the applicable law of [Governing State], that provision is severed and the remainder of these Terms continues in full force and effect.
11.2 Our failure to exercise or enforce any right under these Terms does not constitute a waiver of that right.
11.3 These Terms constitute the entire agreement between you and us in relation to your use of the Website and supersede all prior agreements or understandings relating to the same subject matter.
11.4 For any queries or complaints about these Terms, please contact us at [Contact Email] [Contact Phone].
11.5 The Electronic Transactions Act 1999 (Cth) applies to these Terms. These Terms may be entered into, and are fully binding, through electronic acceptance in accordance with that Act.
What Is a Website Terms of Use (Australia)?
A Website Terms of Use in Australia sets the binding terms on which customers may use the product, website, or service and allocates rights and liabilities under the Corporations Act 2001 (Cth). It defines the service scope, SLA, pricing, data-protection duties, and liability allocation between provider and customer.
Under Australian law, website terms can be enforceable as a binding contract even when they are presented electronically, provided that the user has been given reasonable notice of the terms and has had an opportunity to accept them. The Electronic Transactions Act 1999 (Cth) confirms that electronic contracts are valid and enforceable under Australian law. The strongest form of acceptance is a click-wrap agreement — where the user must actively click 'I Agree' or a similar button before proceeding — because this creates a clear record of acceptance. Browse-wrap agreements — where the user is simply notified that use of the site constitutes acceptance — are also recognised but can be more difficult to enforce.
One of the most important features of Australian-compliant Website Terms of Use is the treatment of consumer guarantees. Unlike in many other countries, the ACL imposes mandatory consumer guarantees that cannot be excluded, restricted, or modified by contract. This means that even a thorough limitation of liability clause will not protect you if it purports to exclude a guarantee that the ACL mandates. A well-drafted Australian Website Terms of Use will acknowledge this legal reality and confine any limitation of liability to what is actually permitted by law.
Australian website operators also have obligations under the Privacy Act 1988 (Cth) if they handle personal information. This legislation, and the 13 Australian Privacy Principles (APPs) it contains, governs how personal information is collected, used, disclosed, and stored. Website Terms of Use should reference the operator's Privacy Policy and explain how user data will be handled in accordance with the APPs. Additional protections apply in the context of spam (Spam Act 2003 (Cth)) and online safety (Online Safety Act 2021 (Cth)).
The legal framework governing the Website Terms of Use (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Website Terms of Use (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.
When Do You Need a Website Terms of Use (Australia)?
Every Australian business that operates a website — whether it sells products, provides services, publishes content, or simply provides information — should have a clearly accessible Website Terms of Use published on that website. While there is no single law in Australia that specifically mandates the publication of Website Terms of Use, the absence of such terms exposes your business to significant legal risks.
You need Website Terms of Use if your website collects personal information from users, because without terms you have no documented basis for that collection and no framework for handling data in accordance with the Privacy Act 1988 (Cth). You need them if your website displays content, because without an intellectual property clause there is no legal barrier preventing users from copying and republishing your content in breach of the Copyright Act 1968 (Cth). You need them if your website provides any form of advice, information, or tools, because without a disclaimer clause your exposure to liability for reliance on that information is unlimited.
If you sell goods or services through your website, your Terms of Use will typically be supplemented by separate Terms of Sale. However, your Website Terms of Use still provides the foundational framework that governs general use of the site, including matters such as user accounts, acceptable use, and intellectual property.
Website Terms of Use are also essential for user-generated content platforms — that is, websites that permit users to post comments, upload files, or otherwise contribute content. Without a user content licence clause, you may not have the rights you need to display, moderate, or remove content posted by users. The Online Safety Act 2021 (Cth) also imposes additional obligations on certain online service providers with respect to harmful online content.
For e-commerce websites operating under Australian Consumer Law, the Terms of Use must be clear about refund rights and consumer guarantees, and must not contain provisions that mislead consumers about their statutory rights — the ACCC actively enforces this requirement.
What to Include in Your Website Terms of Use (Australia)
A well-drafted Australian Website Terms of Use should contain the following key elements to provide thorough legal protection and comply with applicable law.
The acceptance mechanism clause is the foundation of the document. It establishes how users accept the terms, which is essential for the terms to be binding as a contract. Click-wrap acceptance — where a user must actively click a button to confirm agreement — provides the best evidence of consent. This clause should also state that continued use of the website after any update to the terms constitutes acceptance of the updated version.
The intellectual property clause protects your content under the Copyright Act 1968 (Cth) and your brand under the Trade Marks Act 1995 (Cth). It should clearly identify the types of IP on your website, assert your ownership or licensor status, and specify the limited licence (if any) granted to users to access that content for personal, non-commercial purposes.
The user obligations clause sets out the rules of acceptable use. In Australia, this clause must be consistent with the ACL's prohibition on misleading and deceptive conduct, and should reflect obligations under the Spam Act 2003 (Cth), the Criminal Code Act 1995 (Cth) (which criminalises unauthorised computer access), and other relevant legislation.
The consumer guarantees clause is unique to Australian websites. It must acknowledge that the ACL implies non-excludable guarantees and that the limitation of liability clause only operates within the bounds of what the ACL permits. This clause must not mislead consumers about their statutory rights — a common enforcement priority for the ACCC.
The limitation of liability clause then sets out the maximum extent of your liability that is permitted by law. Under the ACL, for business-to-consumer transactions you cannot exclude liability for guaranteed rights, but you may limit your remedy for a non-major failure to resupply of the service or replacement of the goods.
The privacy clause should cross-reference your Privacy Policy and confirm that personal information is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. It should provide a contact address for privacy requests and complaints in line with APP 1.
Additional compliance elements for a Website Terms of Use (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Website Terms of Use (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/policies/website-terms-of-use-australia
"Website Terms of Use (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/business/policies/website-terms-of-use-australia.
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author = {{Forms Legal}},
title = {Website Terms of Use (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/business/policies/website-terms-of-use-australia}},
note = {Free legal document template. Based on Corporations Act 2001 (Cth)}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes, Website Terms of Use are legally binding contracts in Australia, provided users have reasonable notice of the terms and an opportunity to accept them. Under Australian contract law, click-wrap agreements — where the user clicks 'I Agree' before accessing the site — provide the strongest evidence of binding acceptance. Browse-wrap agreements — where the user is merely notified that use of the site constitutes acceptance — can also be binding but are more readily challenged. The Electronic Transactions Act 1999 (Cth) confirms that electronic contracts, including website terms accepted online, have the same legal effect as contracts executed on paper. To maximise enforceability, requires the terms are clearly accessible before the user begins using the website. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
No. Under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), consumer guarantees cannot be excluded, restricted, or modified by contract. Any provision in your Terms of Use that purports to exclude or limit a consumer guarantee is void to that extent. If your website supplies goods or services to consumers, the ACL automatically implies guarantees — for example, that services will be rendered with due care and skill, and that goods will be of acceptable quality. You may limit your liability for a failure to comply with a consumer guarantee (where the failure is not a major failure) to the cost of resupplying the goods or services, or paying for replacement or re-supply. The ACCC takes a strong enforcement approach to misleading limitation clauses. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
If your business has an annual turnover of more than $3 million, or if you are a health service provider, you are covered by the Privacy Act 1988 (Cth) and must comply with the 13 Australian Privacy Principles (APPs). This includes having a clearly expressed Privacy Policy that explains what personal information you collect, why you collect it, how you use and disclose it, and how users can access or correct their information. Even if your business is below the turnover threshold, it is established standards to have a Privacy Policy, and some state laws may impose additional obligations. Under the Notifiable Data Breaches scheme (Part IIIC of the Privacy Act), you must also notify affected individuals and the Office of the Australian Information Commissioner (OAIC) of eligible data breaches. Significant reforms to the Privacy Act are anticipated following the government's response to the Privacy Act Review Report 2022.
Yes. The Electronic Transactions Act 1999 (Cth) (and corresponding state and territory legislation) gives legal recognition to electronic communications, electronic signatures, and electronic contracts. This means that when a user accepts your Website Terms of Use by clicking a button or checking a box, that acceptance is legally equivalent to a handwritten signature on a paper contract. The Act also allows notices required by law to be given electronically, and provides rules for determining when and where electronic communications are taken to be sent and received. Businesses should require that their websites record and store evidence of user acceptance, as this may be important in the event of a dispute. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Your website content is protected by a range of Australian intellectual property laws without the need for registration. Under the Copyright Act 1968 (Cth), copyright subsists automatically in original literary, artistic, musical, and dramatic works — including website text, images, videos, source code, and database contents — as soon as they are created and expressed in material form. The Trade Marks Act 1995 (Cth) protects registered trade marks, including your logo and brand name. The Trade Marks Act 1995 also provides some protection for unregistered trade marks through the common law action of passing off and through the ACL's prohibition on misleading or deceptive conduct. To assert your IP rights, include a clear intellectual property clause in your Terms of Use that identifies the types of IP on your site and prohibits unauthorised reproduction, distribution, or adaptation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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