Terms And Conditions Of Use Template For Platforms

Launching a website, app or online platform is exciting, but the legal bits can feel like one more thing standing between you and launch day.

If users can create accounts, upload content, message each other, make bookings or pay through your platform, you need more than a basic website terms page. Your terms should explain how the platform works, what users can and can't do, and what happens when something goes wrong.

A terms and conditions of use template can be a helpful starting point, but platform terms usually need tailoring so they match your business model from day one.

Do You Need Platform Terms Before Users Sign Up?

Yes, you should have platform terms in place before users create accounts or transact because your terms form the contract between your business and your users.

For a simple brochure website, website terms of use might only cover general website use, copyright and disclaimers. For a platform, the stakes are usually higher because users may rely on your system to buy, sell, book, post, review, message or store information.

Your terms help set the ground rules for things like:

• who can use your platform and whether users must be over 18
• how accounts are created, verified and closed
• what users can upload, sell, promote or say
• how fees, subscription terms, commissions or refunds work
• when you can suspend or terminate an account
• what role your business plays if users transact with each other

The way users accept your terms of use matters too. Ideally, users should actively agree to them through a checkbox or account creation step, with clear wording like I agree to the Terms of Use. If your terms are buried in a footer and users never have to accept them, they may be harder to rely on later.

Keep a record of the version each user accepted. If you update your platform terms and conditions later, tell users what's changed and when the new version applies.

What Should A Terms And Conditions Of Use Template Include?

A good template should include the clauses that match how your platform actually operates, not just generic website wording.

Here is a practical fill-in outline you can use to plan your document. This isn't a finished legal document, and a lawyer should tailor it before you use it with customers or users.

1. Platform Details: Name your business, ABN or ACN if relevant, and explain what the platform does.
2. Acceptance Of Terms: State when users agree to the terms, such as when they create an account, browse, list items or make a purchase.
3. Eligibility And Accounts: Set age limits, account security rules, verification steps and rules against fake accounts.
4. Your Role: Explain whether you're the seller, service provider, booking agent, marketplace operator or software provider.
5. User Content: Cover listings, profiles, reviews, photos, comments, messages and any licence you need to display that content.
6. Acceptable Use: Ban misuse such as scraping, spam, harassment, misleading listings, unlawful content or attempts to bypass fees.
7. Payments And Fees: Set out subscriptions, commissions, service fees, payment processor terms, failed payments and chargebacks.
8. Refunds And Cancellations: Explain your policy while making room for rights under the Australian Consumer Law.
9. Consumer Guarantees: Confirm that nothing in the terms limits rights that can't legally be excluded.
10. Suspension And Termination: Say when you can remove content, pause access, suspend accounts or end the agreement.
11. Intellectual Property: Protect your brand, software, content and trade marks, and set rules for user use of your materials.
12. Privacy And Data: Refer to your privacy policy and explain key data uses where needed.
13. Liability And Disclaimers: Allocate risk in a fair way, especially if users deal with each other directly.
14. Changes To Terms: Explain how you'll notify users about updates.
15. Governing Law: State the Australian state or territory law that applies to the agreement.

Templates often miss the details that make a platform legally different from a standard website. For example, an online marketplace terms template should deal with buyer and seller disputes, while app terms of use in Australia may need to cover app store rules, device permissions and in-app purchases.

How Are Platform Terms Different From Website Terms?

Platform terms are different because users are usually doing something active on your site or app, not just reading your content.

A basic website terms of use template in Australia may work for a marketing site where visitors read blog posts, download a brochure or contact you. Once your platform lets users interact, create value or exchange money, you need extra protections.

Example: A Marketplace With User Listings

Say Mia launches a Melbourne-based marketplace where local tutors list their services and parents book sessions. The platform charges tutors a $22 monthly listing fee and takes a 10% commission from each booking.

If Mia only uses standard website terms, she may not have clear rules about:

• whether tutors are employees, contractors or independent third-party providers
• who is responsible if a tutor cancels a $70 lesson at short notice
• what happens if a parent disputes a session quality issue
• whether tutors can take parents off-platform in breach of marketplace terms to avoid the 10% commission
• when Mia can remove a tutor's profile for misleading qualifications

With tailored platform terms, Mia can explain that tutors are independent providers, parents pay through the platform, the 10% commission applies to all bookings made through the platform, and users can't bypass the system after being introduced through the platform.

She also needs to make sure the terms don't overreach. For example, if Mia sells services directly to consumers, the Australian Consumer Law may give customers non-excludable rights if services aren't provided with due care and skill or aren't fit for purpose.

What Rules Should Cover User Content And Acceptable Use?

Your terms should clearly say what users can post and give you the right to remove content that creates legal, safety or platform integrity risks.

User content can include reviews, comments, photos, listings, videos, profile information, messages, forum posts and uploaded files. If users post content, your business needs a licence to host, display, reproduce and promote that content on the platform.

Your terms should also make users responsible for having the rights they need before uploading anything. This matters because copyright in Australia is protected under the Copyright Act 1968. If a user uploads a photographer's image without permission, your platform may be dragged into the issue even if you didn't create the content.

For acceptable use, think about your worst realistic scenarios and write rules that let you respond. Depending on your platform, you may need to ban:

• false, misleading or deceptive listings
• fake reviews or paid reviews that aren't disclosed
• harassment, bullying, threats or discriminatory content
• content that infringes copyright, trade marks or confidentiality
• spam, scams, phishing or malware
• scraping, reverse engineering or automated account creation
• users contacting each other to avoid platform fees

The Australian Consumer Law also prohibits misleading or deceptive conduct. If your platform displays reviews, rankings, ratings or availability claims, your terms should support honest content and give you power to remove manipulated or misleading material.

You may also want separate community guidelines if user behaviour is central to your platform. Your terms can then say those guidelines form part of the rules users agree to follow.

How Should Your Terms Cover Payments, Refunds And Consumer Guarantees?

Your terms should explain your commercial model clearly, but they can't remove consumer rights that apply under the Australian Consumer Law.

Payments are one of the main areas where platform disputes come up. Users want to know what they're paying, when they're charged, whether fees renew, and what happens if a payment fails.

Your payment clauses should cover, where relevant:

• one-off purchases, booking terms, subscriptions or membership fees
• commissions, service fees and listing fees
• when payment is taken and whether payments are processed by a third-party provider
• whether prices include GST, if GST applies to your business
• failed payments, late payments and account restrictions
• refunds, cancellations, credits and chargebacks
• payout timing if sellers or providers earn money through the platform

Be careful with refund wording. You can set a commercial refund policy, but you shouldn't say things like no refunds in any circumstances if Australian Consumer Law rights may apply. Consumer guarantees can apply where goods or services are supplied to consumers, and those guarantees can't be contracted out of.

Unfair contract term laws are also worth taking seriously. Standard form contracts with consumers and small businesses can attract penalties if they include unfair terms. Clauses that let you change fees at any time, cancel accounts for any reason without notice, or keep all money regardless of what happened may need careful drafting.

If your platform is a marketplace, make the money flow very clear. Users should know whether they're buying from you or from another user, and who deals with refunds, cancellations and complaints.

What About Privacy, Apps And Account Suspension?

You should cover privacy, app-specific rules and account suspension because these are common pressure points for online platforms.

Privacy And Data

If you collect personal information, you need to be clear about what you collect and why. This can include names, emails, phone numbers, profile photos, payment details, location data, messages, IP addresses and device information.

The Privacy Act 1988 and Australian Privacy Principles generally apply to businesses with an annual turnover of more than $3 million, and to some smaller businesses in specific situations, such as certain health service providers or businesses that trade in personal information. Even where the Privacy Act doesn't technically apply, having a clear privacy policy is often expected by customers, partners, app stores and payment providers.

Your platform terms should work alongside your privacy policy, not replace it. If your app uses location tracking, push notifications, contact access or analytics tools, tell users clearly and make sure your consent process matches what you're collecting.

Apps And App Stores

App terms of use in Australia should also deal with device permissions, updates, app store rules, in-app purchases and what happens if the app is unavailable. If your app relies on Apple or Google payment systems, your terms shouldn't promise something that conflicts with those store terms.

Suspension And Termination

Your terms should let you act when a user breaches the rules, creates risk or harms the platform. That might include warning the user, removing content, restricting features, suspending access or closing the account.

Try to build in flexibility without being unfair. If you suspend an account, keep records of the reason, the evidence you relied on and any notice you gave. That record helps if a user later challenges the decision or asks for a refund.

Key Takeaways

• A basic website terms of use template is often too light if users can create accounts, upload content, message others or transact.
• Your platform terms should explain your role, user rules, payments, refunds, content rights and account suspension powers.
• Australian Consumer Law rights and unfair contract term laws can affect how you draft refunds, disclaimers and liability clauses.
• If users post content, your terms should give you a licence to use it and the power to remove risky or unlawful material.
• Privacy, app store rules and data collection should be handled carefully, especially if your platform collects sensitive or location-based information.
• A template can help you plan, but platform terms work best when they're tailored to your actual product, revenue model and user journey.

If you'd like help with your platform terms, privacy documents, marketplace payment rules or app terms of use, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.