Client Terms and Conditions:

The number of businesses that are being conducted online seems to be growing at an exceptional pace over the last decade. Business operations, such as customer transactions and client liaison, are increasing in number online and with this, there is an enhanced risk that litigation in this area of commercial activity will also grow. Terms and conditions as well as disclaimers are one way that business owner can limit, or attempt to limit, their liability in the face of clients (or potential clients) exposure to their websites.

Client terms and conditions which feature on a website, or a document that can be easily accessed on the online domain of a website, outline the conditions under which a client will subscribe to a service or use an internet database, archive or otherwise use information contained on a website. For marketing purposes, websites may contain a copious volume of information, and some naive visitors may mistake the provision of this information for the provision of advice. Misconceiving such information may however still cause problems to the owner or author of the website, or its administrator or editor.

Generally, it is important to make it clear that any information that is accessed by the public is not to be relied upon in any way, unless that information is provided for free as a public service. Often, the distinction can be drawn from the context of the website and the kind of service that it provides. However, there are some situations where the reliability of the data may be ambiguous. In situations like these, reliance may lead to loss or damage, and that may ground a cause of action on the part of an aggrieved party. Some common causes of action may involve the following:

(a)   Negligence;

(b)   Professional negligence;

(c)    Professional misconduct;

(d)   Unprofessional conduct;

(e)   Breach of statutory obligations;

(f)     Breach of implied common law obligations;

(g)    Innocent misrepresentation; and

(h)   Fraudulent misrepresentation.

Other causes of action which may be available will depend on the industry in which the online business is being conducted as well as the relevant legal requirements for that industry. A client terms and conditions solicitor can be retained by a business that believes it may benefit from legal advice in relation to its obligations and liabilities arising from the operation of its business on the internet. The client terms and conditions lawyer will be able to assess the nature of the business, the various statutory and industry obligations that are connected to its operation, and provided legal advice connected to any existing or proposed terms and conditions for clients and visitors making use of the business’ website.

In the unfortunate event that a party may have suffered some damage, injury or loss as a result of following what they believed was advice offered on a website, a solicitor who has experience dealing in civil and commercial litigation will be able to assist in the preparation of any available case against the owner, administrator or editor of the website. Likewise, if a business owner is facing charges or a legal suit from a customer or client as a result of their use of the businesses online information, urgent legal advice should be obtained from a lawyer who has dealt with civil and commercial online complaints. Any Statements of Claim or Summonses will need to be investigated before action is taken to defend the matter.

If you wish to make an appointment, please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.