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An increasing amount of commerce is now being conducted online. Likewise, a great deal of personal communication is also taking place through internet technologies. Various online databases, whether they are a commercial, academic, philanthropic, or public service nature, are also increasing in number on the internet. These may be accessible either for free to the general public, or have their access limited to certain groups or classes of individuals: subscribers from the public or members of various professional groups or the like.

Either way, information which can be found on websites and stored on servers will be able to be used by various persons. The manner in which this information is used can create a liability on the part of the party who was the creator or author of the information or data, the party which stored that information or data, or the party who facilitated access to that information or data. If the use of that information causes damage or loss, a claim may possibly be made against any of the foregoing parties in negligence (where the existence and breach of a duty of care has been established on the evidence) or breach of contract (where a contract can been created and an express or implied term has been reached).

It is common therefore for website terms and conditions to be published along with certain information which can be accessed and used by the general public. Depending on the type of information or data which is being stored and published on a server or website, those terms and conditions will need to contemplate and address any risks that may arise. In some circumstances, the manner in which a term or condition of the use for a website database or online information may not be sufficient to disclaim liability on part of the author, storer or facilitator of that data. These matters will need to be assessed on a case by case basis by a competent Website Terms and Condition Solicitor who can analyse the nature of the data or information and determine the most appropriate way in which the terms and conditions of use should be constructed.

Legal advice for website terms and conditions should be obtained before any information is uploaded online. The terms and conditions of use will be drafted and settled by the Terms and Conditions Lawyer so that liability for damage is minimised. The Navado cyberlaw team is comprised of lawyers and solicitors who have dealt with internet related legal problems and disputes as well as civil and commercial litigation relating to online information. We can draw from cross-jurisdictional legal expertise and liaise with the members of related practice areas to reach a satisfactory outcome for our clients.

If you require assistance in relation to a dispute relating to online terms and conditions, you may wish to contact our office by telephone on (02) 9233 4048 or email to info@navado.com.au and make an appointment to see one of our solicitors in our Sydney office. By appointment, we can also make a time for you to see one of our lawyers in one of our branch offices. Please peruse our "Locations" tab for a complete list of our office locations.

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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.

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