Agreement · Technology, Media & Telecommunications / IT Contracts
Website and online platform terms of use (Australian business, with Australian Consumer Law carve-outs)
Terms of use for an Australian business website or web app: acceptance, accounts, acceptable use, user content, AI-generated content and features, IP, links, a liability clause that preserves consumer guarantees, privacy, changes and governing law.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 5 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use for a website, portal or web app that people browse or sign up to, where goods or services are sold under separate terms of sale or a customer agreement. Not a substitute for sale terms, a SaaS agreement or a privacy policy.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may adapt the approved terms to the client’s site from a feature list and flag one-sided terms, but a lawyer checks the liability, unfair-terms and AI-content clauses against how the business actually operates before publication.
AI may
- Fill business details, site features, account rules and contact points into the approved terms from the client’s feature list
- Compare the draft with the site’s other documents (sale terms, privacy policy, AI feature descriptions) and list inconsistencies
- List terms that may be one-sided for a consumer or small business user, citing the factors in ACL s 24 and the examples in s 25, for the lawyer to assess
AI must not
- Must not remove or weaken the consumer guarantee wording in the liability clause
- Must not describe the site’s AI features, data use or moderation in ways the client has not confirmed in writing
- Must not decide that a term is fair or that the terms are not a standard form contract
The lawyer checks
- The liability clause does not purport to exclude, restrict or modify the consumer guarantees (ACL s 64), and any s 64A limitation is used only for goods or services not ordinarily acquired for personal, domestic or household use
- Each one-sided term (unilateral variation, suspension, broad indemnities, liability caps) has been tested against ACL s 24, given the penalties for proposing or relying on unfair terms since 9 November 2023
- Statements about AI features, user content licences and data use match the product and the privacy policy
- The way users accept the terms (clickwrap, sign-up checkbox) is effective for the parts that must bind them
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Technology, Media & Telecommunications / IT Contracts
- SaaS / cloud services agreement (Australian law, business customers)
- AI standard clauses for AI features in cloud services (Bonterms AI Standard Clauses v1.0, CC0)
- Deed of assignment of intellectual property and moral rights consent (contractor or developer software)
- AI addendum: ownership of AI-generated output, training-data rights and AI-specific warranties (customer-side)
- Software source code escrow agreement (three-party: supplier, customer and escrow agent)
- Cross-border disclosure assessment for a technology vendor (APP 8 and s 16C checklist and record)
- Australian Government AI model clauses (DTA, BuyICT ClauseBank): use guide for agencies and suppliers
- Data protection, security and breach-notification schedule (processor terms)
- Software development agreement with AI coding-assistant and open-source terms
- Checklist: reviewing a vendor SaaS or technology contract (customer side, including AI terms)
All precedents for Technology, Media & Telecommunications / IT Contracts · Tasks and AI use in this area