Q&A
Are Terms and Conditions displayed on a website legally binding?

Answer:

Following from the case of eBay International AG v Creative Festival Entertainment Pty Ltd in 2006, the requirement for website Terms and Conditions to be legally binding is that the website/business owner must have done ‘all that was reasonably necessary to bring the terms to the other party’s attention’.

To ensure that your Terms and Conditions are legally binding, we recommend that you have a scroll box with your Terms and Conditions, so that users are required to click a box that says: “I have read and I accept these terms and conditions”. If possible, this acceptance should be recorded so that you can enforce them later if necessary!

Answered by Priscilla Ng

Priscilla is a lawyer. She practises in the areas of business and commercial law, intellectual property and employment law. In her past work experience, she practised in property law, family law, wills and estates, and civil litigation.

Get in Touch

Fill out the form below and a LegalVision team member will be in touch shortly!

YOU'RE IN GOOD COMPANY

Mark Eggers

LegalVision have been amazing for our business as we've continued to grow. Fast turnaround, easy to work with and a smart, pleasant team.

Phoebe Breckell

LegalVision have helped me a few times now with website policies and trademarking. Highly recommended for small business owners!

Virginia Morrison

We have deeply appreciated LegalVision’s seamless integration with our internal processes and driving spirit toward continual improvement.

Tom Griffin, Head of Legal

We have repeatedly been impressed by LegalVision. We are always confident in the quality, speed and value of the work LegalVision does for us.

Amber Turnbull, COO

LegalVision's lawyers maintain a consistently high quality of service and their fixed-fee approach is a breath of fresh air.

Tom Walenkamp, CEO

LegalVision has beaten our expectations every time! They definitely know their stuff!

The All-In-One Legal Solution for Your Business

We’ll take care of all the business-as-usual legal work, so you can focus on running your business.
A LVConnect Pro membership includes unlimited document drafting and reviews, trade mark applications and advice consultations.

Traditional Law Firm

Consultation with a lawyer

Can be $600 or more for a one hour conversation

LVConnect Pro Membership

All the legal assistance your business needs

From $119/week
+ GST#

Ask us about LVConnect when you speak to our team.

#All project and membership pricing excludes GST.
Terms and conditions apply.

Our Awards
  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2021 Fastest Growing Law Firm - Financial Times APAC 500 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year - Australasian Law Awards 2021 Law Firm of the Year - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer