Website Terms of Use

Last updated: [insert date]

These Terms of Use apply to your access to and use of the website located at [insert website URL] and any related pages, content, features, forms, downloads, products or services made available through the website.

The website is operated by [insert company legal name] ACN/ABN [insert], an Australian company. In these Terms of Use, “we”, “us” and “our” means [insert company name], and “you” means any person who accesses or uses the website.

By accessing or using the website, you agree to these Terms of Use. If you do not agree, you must not use the website.

1. About this website

The website provides [insert description of your website, products, services, information or resources].

Unless we expressly state otherwise, the material on the website is provided for general information only. It is not intended to be comprehensive, and it should not be relied on as professional, legal, financial, medical, technical or other specialist advice.

2. Changes to these Terms

We may update these Terms of Use from time to time by posting the updated version on this page. The updated Terms will apply from the date they are posted, unless stated otherwise.

Your continued use of the website after changes are posted means you accept the updated Terms.

3. Intellectual property and copyright

Unless otherwise stated, all copyright and other intellectual property rights in the website and its content are owned by, or licensed to, [insert company name].

This includes, but is not limited to, text, articles, blog posts, photographs, images, graphics, illustrations, videos, audio, downloads, documents, logos, trade marks, layout, design, source code, software, databases and other materials.

You may view the website and make temporary copies of website content as necessary for normal browsing. You may also print or download a reasonable copy of publicly available website content for your own personal, non-commercial use, provided that:

  1. you do not remove any copyright, trade mark or proprietary notices;

  2. you do not alter the content in a misleading way;

  3. you do not use the content for commercial purposes; and

  4. you do not suggest that we endorse you, your business, or your use of the content.

Except as permitted above or by law, you must not copy, reproduce, republish, upload, post, transmit, distribute, adapt, scrape, frame, mirror, sell, license, commercially exploit or otherwise use any part of the website or its content without our prior written permission.

4. Copyright notice

The following notice applies to the website unless otherwise stated:

© [year] [insert company legal name]. All rights reserved.

You must not remove, obscure or alter any copyright notice, trade mark notice, attribution, disclaimer or other proprietary notice appearing on the website or in any downloaded material.

5. Trade marks

The names, logos, product names, service names, graphics, icons and branding displayed on the website may be trade marks of [insert company name] or third parties.

Nothing in these Terms gives you any right to use our trade marks or branding without our prior written permission.

6. Prohibited uses

You must not use the website for any unlawful, harmful, misleading, abusive or unauthorised purpose.

You must not:

  1. copy or use our content in breach of copyright or other intellectual property rights;

  2. scrape, crawl, harvest, index, mine or extract data from the website without our prior written permission;

  3. use website content to train, develop or improve any artificial intelligence system, machine learning model, dataset or automated tool without our prior written permission;

  4. interfere with the security or proper operation of the website;

  5. upload or transmit viruses, malware, worms, malicious code or harmful files;

  6. attempt to gain unauthorised access to any part of the website, server, account, system or database;

  7. impersonate any person or misrepresent your identity or affiliation;

  8. submit false, misleading, offensive, defamatory, discriminatory, obscene or unlawful material;

  9. use the website to send spam, unsolicited messages or deceptive communications;

  10. frame, mirror or deep-link to the website in a way that suggests affiliation, endorsement or approval without our permission;

  11. use the website in a way that breaches any applicable law or regulation; or

  12. assist, encourage or enable another person to do any of the above.

7. User accounts

If the website allows you to create an account, you are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account.

You must provide accurate, current and complete information when creating an account or placing an order. You must notify us promptly if you suspect unauthorised access to your account.

We may suspend or terminate your account if we reasonably believe you have breached these Terms, misused the website, provided false information, or engaged in unlawful or harmful conduct.

8. User content

If you submit, upload, post, tag, comment, review, message, send or otherwise provide content to us or through the website, including text, images, videos, feedback, suggestions or other materials, you retain ownership of any rights you hold in that content.

However, by providing user content, you grant us a worldwide, royalty-free, non-exclusive licence to use, reproduce, publish, display, adapt, edit, communicate and distribute that content for the purposes of operating, promoting, moderating and improving the website and our business.

You warrant that:

  1. you own or have permission to submit the user content;

  2. the user content does not infringe any third-party rights;

  3. the user content is not unlawful, misleading, defamatory, offensive, obscene, discriminatory or harmful; and

  4. our use of the user content in accordance with these Terms will not breach any law or third-party rights.

We may remove, edit, refuse to publish or moderate user content at our discretion.

9. Products, services and online transactions

This section applies if we sell products, services, subscriptions, bookings, digital products or other paid offerings through the website.

Product and service descriptions, pricing, availability, promotions, shipping information, delivery estimates and other information may change without notice, subject to applicable law.

We aim to ensure that information on the website is accurate, but errors may occur. If an error affects your order, we may contact you to correct the error, cancel the order, or offer another appropriate remedy.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.

Our refunds, returns, cancellations, shipping and delivery terms are set out in our separate policies, available at:

[insert links to refund policy, returns policy, shipping policy, cancellation policy, subscription terms, if applicable]

10. Third-party platforms and services

The website may use third-party platforms, tools or service providers, such as hosting providers, payment processors, analytics services, email marketing tools, social media platforms, booking systems or e-commerce platforms.

Your use of third-party services may be subject to separate terms and policies provided by those third parties. We are not responsible for third-party platforms except to the extent required by law.

11. Third-party links

The website may contain links to third-party websites, resources, products or services. These links are provided for convenience only.

We do not control and are not responsible for third-party websites or content. A link does not mean that we endorse, approve or sponsor the linked website, its operator, or its content.

You access third-party websites at your own risk.

12. Privacy

We handle personal information in accordance with our Privacy Policy, available at:

[insert Privacy Policy URL]

Your use of the website may involve the collection and handling of personal information, including information submitted through forms, accounts, purchases, enquiries, newsletter sign-ups, cookies and analytics tools.

13. Website security

You must not attempt to test, bypass, disable, compromise or interfere with the security of the website.

Although we take reasonable steps to maintain website security, we do not guarantee that the website will be free from viruses, malware, cyber-attacks, unauthorised access, data loss, interruptions or security vulnerabilities.

14. Availability and accuracy

We may change, suspend, withdraw or discontinue any part of the website at any time, with or without notice.

We do not guarantee that the website will always be available, uninterrupted, secure, current or error-free.

While we aim to keep website content accurate and up to date, we do not warrant that all content is complete, reliable, current or suitable for your particular purpose.

15. No professional advice

The website content is provided for general information only.

You should not rely on website content as a substitute for obtaining professional advice tailored to your circumstances. Before acting or refraining from acting based on website content, you should make your own enquiries and obtain appropriate professional advice where necessary.

16. Limitation of liability

To the maximum extent permitted by law, we are not liable for any loss, damage, cost, expense or claim arising from or in connection with:

  1. your use of, or inability to use, the website;

  2. reliance on website content;

  3. website errors, interruptions, delays or security issues;

  4. third-party websites, platforms or services;

  5. unauthorised access to or misuse of your account;

  6. loss of data, profits, revenue, goodwill, opportunity or business; or

  7. indirect, consequential, special or punitive loss.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

17. Indemnity

You agree to indemnify us, our directors, officers, employees, contractors, agents and related bodies corporate against any loss, damage, liability, cost or expense arising from:

  1. your breach of these Terms;

  2. your misuse of the website;

  3. your infringement of our intellectual property rights or the rights of any third party;

  4. your user content; or

  5. your unlawful, negligent or wrongful conduct.

18. Suspension and termination

We may suspend, restrict or terminate your access to the website, remove content, cancel accounts, or refuse service if we reasonably believe that you have breached these Terms, violated any law, infringed third-party rights, or misused the website.

Any rights and obligations that by their nature should survive termination will continue, including intellectual property, disclaimers, limitations of liability, indemnities and governing law.

19. Complaints and copyright infringement notices

If you believe that material on the website infringes your copyright or other rights, please contact us using the details below and include:

  1. your name and contact details;

  2. details of the material complained of;

  3. the URL or location of the material;

  4. details of the rights you claim are infringed;

  5. a statement explaining why you believe the use is unauthorised; and

  6. any supporting documents.

We may request further information before taking action.

20. Governing law

These Terms are governed by the laws of [insert Australian State or Territory, e.g. New South Wales, Australia].

You submit to the non-exclusive jurisdiction of the courts of [insert State or Territory] and the courts competent to hear appeals from those courts.

21. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be read down or severed to the extent necessary, and the remaining provisions will continue in full force and effect.

22. Entire agreement

These Terms, together with any policies linked on the website, form the entire agreement between you and us regarding your use of the website.

23. Contact us

Questions about these Terms of Use can be sent to:

[insert company legal name]
ABN/ACN: [insert]
Email: [insert email]
Address: [insert address]