App developers invest a significant amount of time, energy and money into creating and marketing their product. It is important that you take steps to make sure that you protect your business when users begin to interact with it. Your App Terms and Conditions sets out how users can use your App.

Depending on the nature and function of your App, your Terms should include a number of disclaimers and clauses which will reduce your liability in relation to your App. Importantly, you cannot contract out of the consumer guarantees under Australian Consumer Law. If they apply to your app, you are then required to satisfy the obligations. These include prohibiting misleading and deceptive conduct when trading and providing information to users that purposely misleads or is fraudulent. For example, failing to disclose upfront that users require in-app purchases to receive the App’s complete experience. The Australian Consumer Law sets out that businesses cannot get around these obligations by simply including a disclaimer and liability clause. So, what steps can you take to protect your business?

Use at Your Own Risk

Your Terms should set out that all users who use your App do so at their own risk and that you are not responsible for any outcome of using the app. You should also set out that you do not make any warranties or representations as to the content of the App, the quality or availability.

Disclaimers and App Content

Your disclaimers should address your App’s nature and the content you are providing. For example, if you are providing any information about health, fitness or nutrition, you should disclaim that your App should not substitute medical advice and that you are just providing information about these topics. If you are providing financial information or advice in your App, you should again disclaim that this is not tailored to your users particular situation. Your Terms should clearly set out that you are not liable for any business and or financial decisions they make based on the App. If you are providing financial advice or services, you should also check whether you require an Australian Financial Services Licence.

Disclaimers and Third Party

Where your App involves the interaction of parties outside of the App, for example, meeting up, selling or buying products, etc. you should disclaim that you have not approved of or screened other users and that you are not responsible for what they do outside of the App. You should also limit your liability to the fullest extent possible and ensure that users indemnify you against claims and legal actions.

Conclusion

When drafting your App Terms and Conditions, it is important to have in place full disclaimers to protect your business. Having an App that provides advice or allows users to meet up can expose you to avoidable risk.

If you require more information about how you can protect yourself and would like assistance in drafting your App Terms and Conditions, get in touch! At LegalVision, we have significant experience working with App developers and companies. Contact us on 1300 544 755 and speak with one of our experienced business lawyers.

You may also find the following articles on App Terms and Conditions relevant:

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Edith Moss
Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy