Website terms and conditions in Australia: what to include

By the ITLAW Team · Last reviewed November 2026 · General information, not legal advice

Guides › Online Business › Website terms

Most online businesses need two documents: terms of use, which govern use of the website, and terms of sale or service, which govern what customers buy. Subscription and SaaS businesses usually combine them into a customer agreement. They sit alongside a privacy policy.

Making terms binding

Terms are only enforceable if customers had reasonable notice of them before contracting. A “clickwrap” process, where customers tick a box or click “I agree” next to a link to the terms, is far stronger than a link in the footer (“browsewrap”). Keep a record of which version each customer accepted.

What terms of sale should cover

• what you sell, pricing and when payment is taken
• delivery times, risk and title in goods
• refunds and returns, consistent with the consumer guarantees
• subscriptions, renewals and how to cancel
• limitation of liability, to the extent the law allows
• intellectual property and acceptable use (for digital services)
• privacy, with a link to your privacy policy
• how disputes are handled, and the governing law (for example NSW)
• how you can change the terms, with notice

Consumer guarantees cannot be excluded

Under the Australian Consumer Law, goods must be of acceptable quality and fit for purpose, and services must be provided with due care and skill. Terms that purport to exclude these guarantees are void and can be misleading. For goods or services not ordinarily acquired for personal use, liability can in some cases be limited to repair, replacement or resupply.

Avoiding unfair contract terms

Since 9 November 2023, proposing, using or relying on an unfair term in a standard form contract with a consumer or small business is prohibited, and penalties can be significant. Terms that commonly attract scrutiny:

• unilateral rights to change prices or terms without notice or a right to exit
• automatic renewals that are hard to cancel
• one-sided termination rights
• broad exclusions of liability for your own negligence
• penalties or fees that are not a genuine estimate of loss

Common mistakes

• Copying another business’s terms, including overseas terms that refer to foreign laws.
• A “no refunds” statement, which can breach the ACL.
• Terms that do not match how the business actually operates.
• No version control, so you cannot prove which terms a customer accepted.

For the wider rules on selling online, see our online business law guide.

Frequently asked questions

Do I legally need website terms and conditions?

There is no general legal requirement, but terms of sale are essential to set out pricing, delivery, refunds and liability, and terms of use protect your content and limit misuse.

Can my terms say no refunds?

Not as a blanket rule. Customers have rights under the consumer guarantees that cannot be excluded, including refunds for major failures. A “no refunds” sign or term can be misleading.

Are clickwrap terms enforceable in Australia?

Generally yes, where customers are given reasonable notice of the terms and take a positive step to accept them before contracting.

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