Many Web sites contain terms and conditions that cover the relationship between the Web site's owner and its users. Sometimes those terms and conditions are poorly drafted or inadequate. It may be time to review yours!

Your needs will differ depending on what you will use the Web site for. In most cases, the following issues will need to be addressed.

"Click Wrap" - Accepting Web site Terms and Conditions

"Click wrap" is a term used when Web site users must "click" a button confirming their acceptance of the site's terms and conditions before they can proceed any further. A common situation where click wrap is used is when purchasing goods online.

It is a useful way to ensure that all users confirm that they have read, understood, and accepted your terms and conditions.

Security Of Information
Often users will provide personal or other sensitive information over the Internet when carrying out a transaction, or even when simply requesting information. Your terms and conditions should state that no information sent over the Internet is totally secure and that the user provides information at his or her own risk.

Disclaimers And Limitation Of Liability Clauses

Your terms and conditions should state that users of the site do so at their own risk. This is particularly so if you are providing goods or services, and also if the Web site has information which users might rely on. Of course, you should take care not to try and limit your liability where the law prohibits that.

Consumer Protection Legislation

The Fair Trading Act 1986 prohibits deceptive or misleading conduct in trade; the Consumer Guarantees Act 1993 provides for statutory guarantees as to title and acceptable quality when goods are sold or services supplied to a consumer. The Consumer Guarantees Act 1993 forbids you trying to limit your liability or contract out of the legal requirements in the case of the purchase of goods for personal, domestic, or household use. Limitation of liability clauses should be drafted carefully to ensure that they attempt to limit liability only where the law allows this.

Protecting Intellectual Property Rights

Web sites often contain material that is the intellectual property of the web site owner, for example, a business's brand or logo. That intellectual property is an important business asset and protecting it is vital. Terms and conditions should state clearly that use of the Web site and its information is subject to intellectual property rights.

Terminating Access To The Web site

As a precaution, Web site terms and conditions should state that access to the site may be unavailable or terminated at any time and that this will not affect any disclaimer or limitation of liability made by the Web site owner.

Governing Law And Jurisdiction

The world is your marketplace! Your place of business is not confined by clearly identifiable territories or boundaries. Unless you restrict access to your Web site, you could potentially be exposed to the laws of other countries. Your terms and conditions should say which country's law governs your Web site. If you intend to do business only in New Zealand, your terms and conditions should clearly state that the goods or services on the Web site are intended only for people living in this country.

Privacy Policy

Where you collect personal information from an individual, you will have obligations under privacy legislation. You must for example take steps to ensure that the user knows: