- The protection of intellectual property;
- Things that are prohibited when using the website;
- Disclaimers; and
- Limitations on your liability.
3. Sale Terms and Conditions or Client Agreement
Sale terms and conditions should include information on:
- The products you sell and how you sell them
- Payment procedures
- Availability of products
- Delivery of products
- Cancellation policies
- Consumer guarantees
- Return, refund and exchange policies
- Disclaimers and indemnity
- Limitation on liability
- Any other laws that apply to sales and your online business
- The jurisdiction of transactions
If your online business provides a service, you must have a client agreement depicting the relationship between your business and a client, tailored specifically to the services you provide. A client agreement should include information on:
- The description of services your online business provides
- Payment and associated terms
- Expectations of your client
- Transferring intellectual property
- Termination of agreement
- Limitation on liability
- Dispute resolution
4. Intellectual Property
Intellectual Property is a valuable asset to your business as it provides you with legal rights and may also serve as a marketing tool. Intellectual Property can include the name of your business, trade marks, copyright and more. Copyright laws in Australia automatically protect any ideas that your online business expresses – it is not necessary to register copyright. Registering a trade mark affords you with legal rights permitting your exclusive use of the trade mark, the right to licence or sell the trade mark and ensures no one else can legally benefit or use your trade mark.
The protection of your online business’ intellectual property is your responsibility. To ensure the intellectual property of your online business is protection it is up to you to monitor infringements and then enforce your rights. You can conduct simple Google searches, search the Australian Securities Investment Commission (ASIC) register and Australian Trade Mark Online Search System (ATMOSS) to monitor infringements. If you wish to enforce your rights upon finding an infringement you can do so through directly contacting whoever infringed your rights or taking legal action.
5. Applicable Laws
Laws governing the international nature of the online space and associated transactions prove to be an issue. As your online business may be accessible all around the world, it is important to be aware of overseas laws that may apply to your business. Having a well-drafted set of terms and conditions may assist in avoiding conflicts that may arise internationally.
Key Takeaways for Online Businesses