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Terms and conditions are a given part of our lives as internet users. In fact, to your casual internet user, most of the terms and conditions encountered online tend to look remarkably similar. When you become a small business owner operating online in 2025, it might seem like the easy option is to copy the terms and conditions from another website.
However, it’s important to give your terms and conditions a bit more love and attention.
This is for two main reasons.
- First, copying content without customisation may lead to a breach of copyright law.
- Second, terms and conditions are designed to protect individual businesses; if you copy them, they will not adequately safeguard your unique business interests.
This article will explain why terms and conditions are a must and then explore these two critical reasons in detail.
Terms And Conditions Are A MUST!
Terms and conditions form a legally binding contract between you (the website or business operator) and your website users. They precisely set out the rights and obligations of each party, ensuring users understand what to expect when accessing your site, while also shielding your business from potential disputes.
Every business faces challenges – sometimes issues can arise that are beyond your control. By clearly stating what is and is not your responsibility, your terms and conditions provide an invaluable layer of protection. For more insights on customising your terms and conditions, take a look at our guide on setting out good business terms and conditions.
For instance, many businesses include links to third-party websites or services. Although these links can enhance the user experience, they might also expose you to risks if the linked content changes or is deemed inappropriate. By including a clear disclaimer in your terms and conditions that you are not responsible for third-party content, you help protect your business from unforeseen liabilities.
Copyright Infringement
If you are considering copying someone else’s terms and conditions, be aware that you could be infringing on their copyright. In Australia, copyright automatically applies to all original content as soon as it is created – and this includes legal documents such as terms and conditions.
Infringing copyright in 2025 carries serious consequences. Penalties may include costly damages, fines of up to $150,000, and even potential jail time. Although fair dealing exceptions exist, they typically do not apply to the wholesale duplication of documents like terms and conditions. For further guidance on this matter, see our guide to copyright infringement.
Every Business Is Different
Terms and conditions are crucial for protecting your business because they are specifically tailored to address the unique aspects of your operations.
They can cover a range of vital areas such as privacy, shipping, payment methods, refund and return policies, among others.
These policies are inherently shaped by the specific product or service you offer, the region in which you operate, and the experience you want your users to have. Even if another business appears similar to yours, subtle differences in operations mean that a generic set of terms will not provide the same level of protection for your unique risks.
If you copy another website’s terms and conditions, you risk overlooking critical areas that safeguard your particular business interests. Customised terms and conditions, by contrast, are designed to address the specific challenges and legal requirements your business faces.
Product or Service
Your product or service is unique to your business. Well-crafted terms and conditions not only highlight this uniqueness but also assert your intellectual property rights, ensuring that your original ideas and offerings remain protected.
If you merely copy terms and conditions from another site, they won’t accurately reflect your specific product details, which means key intellectual property may go unprotected. It’s always best to tailor your terms to clearly define and defend your proprietary assets.
Location
Your terms and conditions can specify the jurisdiction under which your business operates – for example, stating that your business is governed by NSW and Australian federal law. This clarity determines the legal framework that applies to your business and helps ensure you comply with relevant consumer and commercial legislation.
In today’s globalised digital landscape, where your website may attract users from around the world, it’s crucial to define the applicable jurisdiction clearly. Copying terms from a site based in a different location could mean adopting provisions that do not align with your legal requirements.
User Experience
Every website offers a distinct user experience, which in turn influences the obligations you wish to impose on its users. For example, if your site is designed exclusively for users over 18, your terms will reflect stricter content and usage policies.
Clearly setting out who should use your site, how they should interact with it, and any restrictions in place is essential. A one-size-fits-all set of terms copied from another site won’t capture these essential details, potentially leaving your business exposed to unwanted risks.
Shipping Policy
If you are selling products online, you are likely to have a specific shipping policy that outlines how your products reach your customers. This policy will be tailored to your product type, logistical arrangements, and contingency plans for any issues that may occur during transit.
Relying on someone else’s generic terms could force you into adopting shipping obligations that don’t suit your business model.
Returns Policy
Under the Australian Consumer Law in 2025, you are required to offer a refund or replacement under certain conditions. Clearly outlining your returns policy within your terms and conditions ensures that customers understand their rights if a product fails to meet their expectations.
Businesses adopt various returns strategies – some offer a 30-day money-back guarantee, while others have more specific or limited provisions. Your terms must accurately reflect your own policies rather than simply mirroring those of another business.
Privacy Policy
Privacy law in Australia remains stringent, particularly regarding the handling of personal data. Often, businesses provide a standalone privacy policy, though it may also be incorporated into your terms and conditions.
This policy outlines what personal data you collect, how it is used, and the measures you have in place to protect it in line with the Australian Privacy Principles. Since data protection practices differ from one business to another, copying another company’s terms may leave gaps in your own privacy safeguards.
Need A Hand?
Designing terms and conditions isn’t always straightforward. With many different elements to consider, it can be tempting to copy or adapt another website’s terms. However, doing so may expose your business to unnecessary risk. If the task feels daunting or you simply need some guidance, the experienced lawyers at Sprintlaw are here to assist. We offer expert, up-to-date advice to ensure your terms and conditions are bespoke to your business and fully compliant in 2025.
You can reach us for a free, no-obligations chat on 1800 730 617 or drop a line at team@sprintlaw.com.au. For additional legal insights, explore our detailed guides on business structuring and learn more about starting a courier business – both of which underscore the importance of tailored legal documentation.
As we progress through 2025, the legal landscape continues to evolve rapidly. Keeping your terms and conditions up to date with the latest legislative changes, technological advances, and business practices is essential for mitigating risk. A well-drafted and regularly reviewed set of terms not only protects your business from legal uncertainties but also builds trust with your customers by clarifying expectations and responsibilities.
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