Free website terms of use template (Australia)
A free Australian website terms of use template from Quillio covers: acceptance, use restrictions, intellectual property, disclaimer, limitation of liability (subject to Australian Consumer Law), third-party links, user content, privacy reference, governing law, and changes to terms. Suitable for informational and e-commerce websites. For SaaS services, a more detailed subscription or service agreement is needed.
Core clauses
Acceptance (by use of the site, not a click); definitions; permitted use; restrictions (no scraping, no reverse engineering, no misuse); intellectual property (ownership retained by operator, limited licence to user); user content (licence back, warranties by user, removal rights); disclaimer (information is general, not professional advice); limitation of liability (subject to ACL guarantees); third-party links (disclaimer of responsibility); indemnity; changes to terms; and governing law.
Australian Consumer Law compliance
Consumer guarantees under the Australian Consumer Law cannot be excluded, only the liability for breach above what the law requires. Terms that purport to exclude ACL guarantees are void. Terms can limit liability to resupply or refund (for goods and services under $100,000 where reasonable). For B2B transactions between businesses above $300,000, liability can be more broadly limited.
E-commerce specifics
Online shops need additional terms covering: pricing and product descriptions; order acceptance and formation; payment; delivery; cancellation and returns (consistent with ACL); warranties; dispute resolution. These are typically in a separate "Terms of Sale" document referenced from the website terms of use.
How I generate website terms
Tell me whether the site is informational, transactional, or SaaS, and any unusual elements (user-generated content, subscriptions, age restrictions). I produce a draft in under a minute. For commercial and tech lawyers this is a volume routine workflow.
Common issues
- Liability limitations that exclude ACL guarantees are void — frame exclusions carefully
- Changes to terms need user notice — do not silently amend
- Jurisdiction clauses on consumer websites should default to the consumer's state
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