Q&A

Question: 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.

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