Terms and Conditions

Using the Common Online Terms and Conditions gives your website professional legal protection tailored for maximum global compliance and enforceability.

Each term comes with a unique symbol and abbreviation to show at a glance which terms and conditions apply to your website.  Each term comes with a short version designed to be easily understood by non-legal readers.  Each term comes with a long version comprising the actual legal contract between the website operator and users.
 

We have provided guidance on when each term should be used.  You can choose which terms are applicable to your website.  Each term is updated live from our database if updates are made to accommodate global changes in the law applicable to websites.
 

The Terms Box should be implemented at the bottom of your webpages so that you have taken all reasonable measures to bring your terms and conditions to the attention of your users, without detracting from the experience of your website.

 

Website Terms

Use it for all websites. The basics, the foundation to make other Terms and Conditions work.

The terms and conditions are a legally binding contract between you and us ("Terms").

This short version of the Terms is for convenience only, is not part of the agreement, and does not detract from the interpretation and application of the Terms in full.

You may only access and use this website if you agree to these Terms in full.

We do not need to notify you of any change to these Terms.

You indemnify us for our reasonable Costs, including legal costs, in any dispute between you and us...

The terms and conditions are a legally binding contract between you and us ("Terms").

This short version of the Terms is for convenience only, is not part of the agreement, and does not detract from the interpretation and application of the Terms in full.

You may only access and use this website if you agree to these Terms in full.

We do not need to notify you of any change to these Terms.

You indemnify us for our reasonable Costs, including legal costs, in any dispute between you and us in which we are the prevailing party.

If you are underage or do not have legal capacity to enter these terms, your parent/guardian guarantees authorises your access and use of this website and indemnifies and guarantees your obligations under these Terms.

This website is provided on an "as is" and "as available" basis only.

We require full upfront payment for any transaction.

You warrant that the value to you of any transaction is at least equal to the purchase price.

You must not interfere with this website, its hardware, software or operation.

We do not guarantee the security of this website.

You must take your own precautions to protect your computer systems from viruses or other interference.

You transmit to or from this website at your own risk.

It is your responsibility to avoid infringement of any local laws.

We can be contacted by the means listed on the Contact Us page, except for the service of legal documents.

You consent to receive all communications from us by email, notice on this website, or other electronic means.

You may refer objectionable or erroneous material to us for review. Modification or removal will be at our sole discretion. Any recurrent or ongoing offence is entirely self-inflicted.

We are not liable for any circumstances beyond our reasonable control.

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Use it for all websites. The "use at own risk" section to limit your liability.

YOU EXPRESSLY AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.

To the extent permitted by law we disclaim any guarantees, representations or warranties, express or implied, as to the availability, reliability, timeliness, performance, completeness, accuracy, merchantability, acceptable quality or fitness for purpose of this website and the information, content, materials, processes, goods or services that it contains.

You shall indemnify, defend and hold us harmless of any Costs incurred...

YOU EXPRESSLY AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.

To the extent permitted by law we disclaim any guarantees, representations or warranties, express or implied, as to the availability, reliability, timeliness, performance, completeness, accuracy, merchantability, acceptable quality or fitness for purpose of this website and the information, content, materials, processes, goods or services that it contains.

You shall indemnify, defend and hold us harmless of any Costs incurred due to your use of this website including by reason of our negligence or breach of duty (statutory, contractual or otherwise), howsoever arising including any or all of the following which may apply under these Terms: Legal Restrictions, User Generated Content, Exposures, Information, Forum Information Activities, Medical Information, Services, Your Items, Forfeited Amount, Duties, service providers, payment providers, shipping providers or unavailability of this website.

We are not responsible for the content or availability of external websites linked from this website.

To the extent permitted by law we are not liable for any direct, indirect or consequential damages or loss arising from use of, or reliance on, this website.

Our liability is limited to re-supply, refund or US$100.

You indemnify us for all Costs which arise out of or relate to your use of this website, any information that you provide via this website, or any damage that you may cause to this website including intellectual property infringement, defamation, or privacy.

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Use it for any website with unique or licensed concepts and designs. Protects your work, and protects you from accidently violating the work of others.

We retain ownership of all intellectual property on this website.

You shall not use any intellectual property on this website for commercial or derivative purposes without our express written agreement.

You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use any content you upload or communicate to this website. You warrant that you have the right to grant this license. You indemnify us for any costs we incur if you do not have the...

We retain ownership of all intellectual property on this website.

You shall not use any intellectual property on this website for commercial or derivative purposes without our express written agreement.

You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use any content you upload or communicate to this website. You warrant that you have the right to grant this license. You indemnify us for any costs we incur if you do not have the right to grant this license.

You may notify us in writing of any potential breach of your intellectual property by us. We will investigate your claim and respond.

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Use it for any website that allows users to comment or submit content (text, images, audio, video, links, etc). Protects you from liability for the inappropriate comments of your users.

We act as a passive conduit for user generated content, which we do not monitor, endorse or accept any liability.

You warrant you will not upload any objectionable or unlawful material.

You accept the risk of exposure to objectionable or unlawful material as a usual risk of the Internet for which we are not responsible.  

We reserve the right to remove or edit any user generated content appearing on this website at our sole discretion.

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Use it for all websites especially those that provide advice or information. Protects you from a user claiming reliance on your information caused harm.

The information on this website is provided for general information purposes only and must not be relied upon without first seeking independent advice or otherwise verifying the information is complete, correct, and meets your particular requirements.  

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Use it for any website about activities with the risk of injury (eg skiing or rock climbing). Clarifies the nature of the activity prevents reliance on your information.

This website concerns inherently dangerous recreational activities but the information is only general, is not advice or instructions, and must not be relied on in any way.

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Use it for any website with a forum. Separates you from liability for forum posts.

Never assume information on a forum is true or honestly communicated.

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Use it for any website with registered users or members. Protects both you and your users. Clarifies rights and responsibilities.

You may be required to register a member account to access certain features of this website.

We do not verify any personal information submitted by a member.

We reserve the right to refuse, suspend or terminate the membership of any user for any reason and without explanation.

You must bear the costs of any unauthorised access to your membership account due to your failure to ensure that no unauthorised person has access to your computer, passwords or accounts.

The Terms applicable to...

You may be required to register a member account to access certain features of this website.

We do not verify any personal information submitted by a member.

We reserve the right to refuse, suspend or terminate the membership of any user for any reason and without explanation.

You must bear the costs of any unauthorised access to your membership account due to your failure to ensure that no unauthorised person has access to your computer, passwords or accounts.

The Terms applicable to this website are subject to change, such changes are not retroactive. Every time you access or use this website is a separate and discrete transaction giving rise to a separate agreement in the Terms as they exist at that time.

It is your responsibility to inform yourself of the Terms that exist at any given time. You waive any requirement that we inform you as to any changes to the Terms.

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Use it for any website with paid subscriptions. Required to enforce any changes to Terms after the subscription is first paid.

Any membership fee is consideration for the creation and maintenance of a member account by which you are able to access, participate or contribute to certain features of this website as it exists from time to time.

Long Version

Use it for any website with registered users or that stores information from or about users. Meets legal requirements in most jurisdictions.

We collect only personal information that you input to this website or generated by your use of this website, at your own discretion and with your consent.

You are not required to disclose any personal information to us.

Some functions of this website will not be available if you do not provide requested personal information to us.

You are responsible for maintaining accurate and up-to-date personal information using the account management pages provided.

This website facilitates...

We collect only personal information that you input to this website or generated by your use of this website, at your own discretion and with your consent.

You are not required to disclose any personal information to us.

Some functions of this website will not be available if you do not provide requested personal information to us.

You are responsible for maintaining accurate and up-to-date personal information using the account management pages provided.

This website facilitates legally binding agreement between you, us and third parties. For this reason it is not practicable for you to operate anonymously or using a pseudonym on this website.

We will not disclose your personal information to any third party except as required to supply you with goods, services or website functionality, or unless compelled by law.

We may disclose aggregate or demographic information about users of this website to any party.

We do not, and cannot, guarantee the security of any personal information stored electronically.

We will notify you by email of any security breach if notification is required by law.

You consent to this website and your personal information being hosted, stored, access, processed or transmitted anywhere in the world.

It is open to you to disable or otherwise prevent cookies being stored on your device, however this website may cease to function correctly if you do so. You otherwise consent to the creation of cookies on your device.

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Use it for any website requiring Terms not available from us. We do not endorse or accept liability for Terms for which you have not obtained written approval from us.

We do not warrant the offerings of parties other than us who operate stores, provide services or sell products on this website.

Long Version

Use it for selecting the laws and courts that will apply to your terms. Usually this will be your home country and state.

These Terms are governed by the laws and exclusive jurisdiction of the courts of California, United States of America.
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Use it for any medical, fitness or health related content.

If you think you may have a medical emergency, call your doctor or the medical emergency number in your jurisdiction immediately.

We do not purport to give medical advice, diagnosis, treatment or instructions.

You must not rely on any information presented by us other than for general information purposes. You must seek advice from a suitably qualified medical practitioner.

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Shop Terms

Use it for all websites with an online store or shop. The basics, the foundation to make other Terms and Conditions in this section work.

Prices may change at any time.

Packaging and colour of goods may vary.  Weights, dimensions and capacities are approximate only.

Nothing in the Terms excludes the application of consumer guarantees mandated by law.

If your local laws prohibit the purchase of certain goods you shall not attempt to do so through this website. You indemnify us for Costs arising from your failure to comply with this Term.

You are responsible to identify and pay any duty, levy, tax or other fee imposed by law...

Prices may change at any time.

Packaging and colour of goods may vary.  Weights, dimensions and capacities are approximate only.

Nothing in the Terms excludes the application of consumer guarantees mandated by law.

If your local laws prohibit the purchase of certain goods you shall not attempt to do so through this website. You indemnify us for Costs arising from your failure to comply with this Term.

You are responsible to identify and pay any duty, levy, tax or other fee imposed by law on the purchase and delivery of goods from this website.

We will share your personal details with third parties as required to fulfil your purchase.

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Use it for all websites with an online store or shop. Essential legal clarification that an online order is not binding until confirmed by you.

This website makes only an invitation to treat. By this website we invite you to make an offer to purchase goods or services featured on this website. We may or may not accept your offer at our sole discretion. Our acceptance will be communicated by return email confirming the terms of the agreement to supply goods or services to you.

We reserve the right to cancel any agreement to supply goods or services, at any time, for any reason, without liability.

Long Version

Use it for Any website that uses an external service to handle money transfers (eg PayPal). Removes you from the payment process and any liability.

This website makes available a third party payment service provider. You acknowledge that when you make a transaction using the payment provider you enter into a separate agreement with the payment provider to which we are not a party.

We are not privy to, and have no responsibility for, credit card information handled by the payment provider.

We incur no obligations to you until payment is deposited into our operating accounts by the payment provider.

Long Version

Use it for any website that uses an external service for order packaging, shipping and handling (eg PayPal). Removes you from the process and any liability.

This website uses a third party shipping service provider. You acknowledge that when you make a purchase requiring delivery you enter into a separate agreement with the shipping provider to which we are not a party.

We act as agent on your behalf to contract with the shipping provider to arrange and transfer payment for delivery of goods to you at the address you nominated when making your offer to purchase.

You assume full title and risk for the goods once possession passes from us to...

This website uses a third party shipping service provider. You acknowledge that when you make a purchase requiring delivery you enter into a separate agreement with the shipping provider to which we are not a party.

We act as agent on your behalf to contract with the shipping provider to arrange and transfer payment for delivery of goods to you at the address you nominated when making your offer to purchase.

You assume full title and risk for the goods once possession passes from us to the shipping provider.

We do not accept responsibility for delivery failures, delays or freight related damage to goods caused by the shipping provider.

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Use it for any website that sells physical goods. Best practice and compliant returns and refunds policy.

All sales are final unless goods are defective.

Unless we decide otherwise you must bear all costs and risk of returning defective products.

We may refer you to the manufacturer for troubleshooting assistance.

Goods shall not be considered defective if damaged by you.

If we confirm the returned goods are defective you will be entitled to repair, replacement or refund and we will pay the shipping costs of returning any repaired or replacement goods to you.

If returned goods are not...

All sales are final unless goods are defective.

Unless we decide otherwise you must bear all costs and risk of returning defective products.

We may refer you to the manufacturer for troubleshooting assistance.

Goods shall not be considered defective if damaged by you.

If we confirm the returned goods are defective you will be entitled to repair, replacement or refund and we will pay the shipping costs of returning any repaired or replacement goods to you.

If returned goods are not defective they will only be returned to you on receipt of your payment for the shipping costs of doing so.

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Use it for any website that sells services. Includes training. Best practice and compliant refunds policy.

We have no responsibility for your participation in services or activities conducted by any third party or the standard of such services. 

If services are to be provided by us we shall provide the services to you as described.

Additional services may be required to complete the services at additional cost.

If the services are training then you will only receive certification if you have achieved the necessary competence, knowledge and skill.

If you are providing the venue for the...

We have no responsibility for your participation in services or activities conducted by any third party or the standard of such services. 

If services are to be provided by us we shall provide the services to you as described.

Additional services may be required to complete the services at additional cost.

If the services are training then you will only receive certification if you have achieved the necessary competence, knowledge and skill.

If you are providing the venue for the services then the venue must be suitable and safe.

We reserve the right to cancel services at any time for any reason.

All sales of services are final subject to any Cancellation Policy applying to those services as provided separately on this website.

You are not entitled to a refund if services cannot be supplied due to your own failure to attend, actions, omissions or circumstances.

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Use it for any website that accepts payment in advance and holds it until a good or service is complete. Clarifies rights and responsibilities.

We may retain the purchase price for goods or services in our account for a period of time pending confirmation that the goods have been delivered and/or the services have been performed.

Retained funds are held on trust.

You will not receive interest on any retained funds.

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Use it for any website requiring Terms not available from us. We do not endorse or accept liability for Terms for which you have not obtained written approval from us.

We sell and ship goods only within Australia, and not to PO or GPO boxes.

All prices are quoted in Australian dollars and include GST where applicable.

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