Website Terms of Use (New Zealand)
These Website Terms of Use (the "Terms") govern your access to and use of the website located at [Website URL] ("[Website Name]") (the "Website"), operated by [Business Name], [Business Structure] (NZBN [Business NZBN]), of [Business Address], [Business City] [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.
These Terms are governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017 (CCLA), the Consumer Guarantees Act 1993 (CGA), and the Fair Trading Act 1986 (FTA). Under the CCLA, electronic contracts are valid and enforceable.
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 1994 (NZ), the Trade Marks Act 2002 (NZ), and other applicable New Zealand 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, licence, 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 New Zealand or international law or regulation;
- engage in any conduct that is misleading or deceptive within the meaning of the Fair Trading Act 1986 (NZ);
- transmit any unsolicited commercial electronic messages in contravention of the Unsolicited Electronic Messages Act 2007 (NZ);
- infringe the intellectual property rights of us or any third party under the Copyright Act 1994 or Trade Marks Act 2002;
- transmit any content that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable under the Harmful Digital Communications Act 2015 (NZ);
- collect or harvest personal information about other users without their consent, contrary to the Privacy Act 2020 (NZ);
- 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.
5. CONSUMER GUARANTEES ACT 1993 AND FAIR TRADING ACT 1986
5.1 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee conferred by the Consumer Guarantees Act 1993 (CGA), that cannot lawfully be excluded or limited. Where the CGA applies, any consumer guarantee implied by the CGA applies to our Website and services.
5.2 Nothing in these Terms excludes any right or remedy available to you under the Fair Trading Act 1986 (FTA), including any remedy for misleading or deceptive conduct in trade.
5.3 Subject to clauses 6.1 and 6.2, 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 (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986), 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, wilful misconduct, or death or personal injury caused by our negligence, or for any liability that cannot be excluded under the Consumer Guarantees Act 1993 or any other applicable New Zealand law.
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 NZD $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 Consumer Guarantees Act 1993 that cannot lawfully be 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 2020 (NZ) and the 13 Information Privacy Principles (IPPs). 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 acknowledge that we may collect and use your personal information in accordance with our Privacy Policy.
8.3 For any privacy-related requests or complaints, please contact us at [Contact Email]. If you are not satisfied with our response, you may contact the Privacy Commissioner at www.privacy.org.nz.
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 New Zealand, including the Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Privacy Act 2020. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.
10.2 Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other non-excludable right under applicable New Zealand law.
11. GENERAL
11.1 If any provision of these Terms is invalid or unenforceable under applicable New Zealand law, 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 Contract and Commercial Law Act 2017 (CCLA) applies to these Terms. These Terms may be entered into, and are fully binding, through electronic acceptance in accordance with the CCLA.
What Is a Website Terms of Use (New Zealand)?
A Website Terms of Use in New Zealand sets the binding terms on which customers may use the product, website, or service and allocates rights and liabilities under the Companies Act 1993. It defines the service scope, SLA, pricing, data-protection duties, and liability allocation between provider and customer.
Under New Zealand 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 Contract and Commercial Law Act 2017 confirms that electronic contracts are valid and enforceable under New Zealand 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 New Zealand-compliant Website Terms of Use is the treatment of consumer guarantees under the Consumer Guarantees Act 1993. The CGA implies mandatory consumer guarantees into every contract for the supply of goods or services to a consumer 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 CGA mandates. A well-drafted New Zealand Website Terms of Use will acknowledge this legal reality and confine any limitation of liability to what is actually permitted by law.
New Zealand website operators also have obligations under the Privacy Act 2020 if they handle personal information about users or visitors. The 13 Information Privacy Principles (IPPs) govern 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 IPPs. Additional protections apply under the Harmful Digital Communications Act 2015, the Unsolicited Electronic Messages Act 2007, and the Copyright Act 1994. Website Terms of Use in New Zealand must comply with the Privacy Act 2020, the Fair Trading Act 1986, and the Consumer Guarantees Act 1993 where the website sells goods or services to consumers. Section 22 of the Privacy Act 2020 requires website operators to provide a privacy notice explaining what personal information is collected, how it will be used, and with whom it may be shared. The Office of the Privacy Commissioner (OPC) provides guidance on website privacy compliance.
When Do You Need a Website Terms of Use (New Zealand)?
Every New Zealand business that operates a website — whether it sells products, provides services, publishes content, or simply provides information — should have clearly accessible Website Terms of Use published on that website. While there is no single law in New Zealand that specifically mandates Website Terms of Use, the absence of such terms exposes your business to significant legal and commercial 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 2020. You need them if your website displays original content (text, images, videos, software), 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 1994. 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 your website allows users to interact with each other or post content, Website Terms of Use are essential. The Harmful Digital Communications Act 2015 creates civil and criminal liability for harmful digital communications, and your Terms must set out clear rules about acceptable user conduct to reduce your risk as a platform operator. A well-drafted user content clause should prohibit conduct that would breach the HDCA and reserve your right to remove harmful content promptly.
For e-commerce websites, your Website Terms of Use will typically be supplemented by separate Terms of Sale. However, your Website Terms of Use still provide the foundational framework for general use of the site, including user accounts, acceptable use, and intellectual property. Consumer rights under the Consumer Guarantees Act 1993 must be acknowledged and must not be misrepresented — the Commerce Commission, which enforces the Fair Trading Act 1986, actively investigates businesses that mislead consumers about their statutory rights.
What to Include in Your Website Terms of Use (New Zealand)
A well-drafted New Zealand Website Terms of Use should contain the following key elements to provide thorough legal protection and comply with applicable law.
The acceptance mechanism clause establishes how users accept the terms, which is essential for the terms to be binding as a contract under the Contract and Commercial Law Act 2017. 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 1994 (NZ) and your brand under the Trade Marks Act 2002 (NZ). 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 New Zealand, this clause must be consistent with the Fair Trading Act 1986's prohibition on misleading and deceptive conduct, the Unsolicited Electronic Messages Act 2007 (which prohibits commercial spam), the Harmful Digital Communications Act 2015 (which prohibits harmful online content), and other relevant legislation.
The Consumer Guarantees Act 1993 clause is unique to New Zealand websites. It must acknowledge that the CGA implies non-excludable guarantees in consumer transactions and that the limitation of liability clause only operates within the bounds of what the CGA and the Fair Trading Act 1986 permit. This clause must not mislead consumers about their statutory rights.
The limitation of liability clause sets out the maximum extent of your liability that is permitted by law. Under the CGA, for consumer transactions you cannot exclude liability for guaranteed rights, but you may limit your remedy where permitted.
The privacy clause should cross-reference your Privacy Policy and confirm that personal information is handled in accordance with the Privacy Act 2020 and the 13 Information Privacy Principles. It should provide a contact address for privacy requests and complaints, including the Privacy Commissioner's contact details as required by IPP 1. The forms-legal.com Website Terms of Use (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements. Additional provisions for New Zealand website terms of use include: a Privacy Policy notice complying with the Privacy Act 2020 and the 13 Information Privacy Principles (IPPs); a clause addressing the Consumer Guarantees Act 1993 and Fair Trading Act 1986, confirming that nothing in the terms limits the rights consumers have under New Zealand law; a clause addressing the Copyright Act 1994 protection of website content; a dispute resolution clause referencing the Disputes Tribunal or New Zealand courts; and a clause addressing the applicability of the Harmful Digital Communications Act 2015 to user-generated content on the website.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Website Terms of Use (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/business/policies/website-terms-of-use-new-zealand
"Website Terms of Use (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/business/policies/website-terms-of-use-new-zealand.
@misc{formslegal-website-terms-of-use-new-zealand,
author = {{Forms Legal}},
title = {Website Terms of Use (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/business/policies/website-terms-of-use-new-zealand}},
note = {Free legal document template. Based on Companies Act 1993}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes, Website Terms of Use are legally binding contracts in New Zealand, provided users have reasonable notice of the terms and an opportunity to accept them. Under the Contract and Commercial Law Act 2017 (CCLA), electronic contracts — including website terms accepted online — are valid and enforceable in the same way as paper contracts. 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 simply notified that continued use of the site constitutes acceptance, are more difficult to enforce but can still be binding if the user had clear notice of the terms. To maximise enforceability, present the terms clearly before the user begins using the website and keep records of user acceptance.
No, not for consumer transactions. Under the Consumer Guarantees Act 1993 (CGA), consumer guarantees cannot be excluded, restricted, or modified by contract in transactions with consumers (individuals acquiring goods or services for personal, domestic, or household use). Any provision in your Terms of Use that purports to exclude or limit a consumer guarantee is void to that extent. However, section 43 of the CGA permits parties to contract out of the consumer guarantees where both parties are 'in trade' (a B2B transaction) and the contracting-out is in writing and it is fair and reasonable for the parties to be bound by it. If your website serves both consumers and businesses, your Terms must carefully distinguish between the two contexts. Under New Zealand law, specifically the Companies Act 1993, parties should seek independent legal advice to confirm compliance with all applicable requirements and confirm the document meets the standards set by the relevant regulatory authorities.
The Harmful Digital Communications Act 2015 (HDCA) addresses online bullying, harassment, and harmful digital content. The Act creates civil and criminal liability for sending digital communications that are intended to harm and that cause serious emotional distress. For website operators, the HDCA is particularly relevant if your website allows users to post, comment, or otherwise communicate with each other — for example, through forums, comment sections, reviews, or social features. Your Website Terms of Use should prohibit users from posting communications that would breach the HDCA's ten communication principles (which address, among other things, threats, harassment, discrimination, and disclosure of intimate images without consent). If your site receives a valid take-down notice under the HDCA, you may need to remove the harmful content promptly to avoid liability as a content host.
The Privacy Act 2020 applies to every business in New Zealand — regardless of size — that collects personal information from website visitors or customers. Under the Act's 13 Information Privacy Principles (IPPs), you must: tell visitors why you are collecting their personal information (IPP 3); only collect information that is necessary for your stated purpose (IPP 1); store personal information securely and protect it against unauthorised access (IPP 5); not use or disclose personal information for purposes other than those for which it was collected without consent (IPPs 10-11); and allow individuals to access and correct their personal information (IPPs 6-7). Your Website Terms of Use should cross-reference your Privacy Policy and confirm that personal information is handled in accordance with the Privacy Act 2020. If you use cookies or analytics tools, your Privacy Policy must disclose this.
Your website content is protected by New Zealand intellectual property laws automatically upon creation. Under the Copyright Act 1994 (NZ), copyright subsists automatically in original literary, artistic, dramatic, and musical works — including website text, images, videos, source code, and database contents — as soon as they are created and expressed in material form. There is no need to register copyright in New Zealand. The Trade Marks Act 2002 protects registered trade marks (including your logo and brand name). Unregistered trade marks may also receive some protection under the common law action of passing off and under the Fair Trading Act 1986'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 or use.
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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