Many businesses look to use the terms and conditions of other businesses when they are working out which legal documents they need on their website. This is a rookie error and should be avoided at all costs. Your business terms and conditions are your business’ most important legal document. They need to work for your specific business; not someone else’s! A good set of business terms and conditions don’t just reduce your legal risk; they are a sales tool. If customers see that you’re a serious business they will be more likely to purchase your goods or services.

There are many reasons why using another businesses terms and conditions will not provide your business with adequate protection, including the following.

  • Your business is unique

You have a unique business with unique clients. Having a small business solicitor assist with the drafting of unique, tailored terms and conditions should really be at the top of your priority list. This contract constitutes a legally binding agreement between you and your clients. By using another business’ tailored terms, you risk the contract between you and your clients being unenforceable. If a client is unhappy with some aspect of the business, such as the goods or services, they can sue you. Without adequate terms and conditions, your business will be exposed to a greater level of risk.

The Courts will firstly interpret the legal relationship between your business and its customers by examining the business terms and conditions, along with any other relevant legal documents. When the Court discovers the unoriginality of your business terms and conditions, they might become legally unenforceable and you may end up facing huge legal costs that you never anticipated, all because you were lazy and chose not pay for your own legal work. Avoid this nightmare by contacting a small business solicitor.

  • Copyright Infringement

Believe it or not, another business’ terms and conditions also constitute part of the business’ intellectual property – specifically its copyright. Copying terms and conditions can land you in court and get your business into serious trouble. This is especially the case for businesses that try to copy terms and conditions from a foreign site. It goes without saying that you would not be comfortable sharing your business ideas with one of your competitors and the same can be said for their legal documents. If they went to the trouble and expense of paying a small business solicitor to draft these terms from scratch, you would be wise to do the same for your own business.

  • The ACCC

The ACCC has recently begun cracking down on businesses that do not comply with current Australian Consumer Law (“ACL”). Many businesses that do not have terms and conditions that make sense i.e. they are confusing or misleading, will end up facing penalties for not addressing the various ACL requirements, such as consumer guarantees. A small business solicitor looks at your business, its products and services, and overall model, and crafts bespoke terms and conditions that are uniquely fitted to your business. This prevents any consumer confusion and will generally boost consumer confidence in your business.

The reason the ACCC has lifted its enforcement game is because consumers are more and more vulnerable to issues surrounding privacy of confidential information, misinformation and compensation (consumer guarantees). In Australia, consumers and businesses alike have a very high awareness of the existence of the ACL, meaning more and more consumer are asserting their rights and reporting non-compliant businesses to the ACCC or other regulatory bodies.


By copying terms and conditions, you put your business’ reputation at great risk. To have a set of business terms and conditions, a privacy policy or a website terms of use drawn up, you should speak with a small business solicitor. At LegalVision, our team of small business solicitors would be delighted to assist you and your business. To organise a consultation and get a fixed-fee quote, contact us on 1300 544 755 today.

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

Lachlan McKnight
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

View Privacy Policy