---
title: "Website and online platform terms of use (Australian business, with Australian Consumer Law carve-outs)"
url: "https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/website-terms-of-use"
type: "precedent"
site: "AI Law Framework"
id: "a24-website-terms-of-use"
area_id: "A24"
kind: "agreement"
ai_level: "yellow"
version: 1
task_ids: ["A24-T1-R3"]
law_stated_as_at: "2026-10-18"
---

# 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,…

Canonical page: https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/website-terms-of-use  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 5 authorities it cites, for Australia.

## 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

- [Build a one-sided terms table for a standard-form technology contract](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/build-a-one-sided-terms-table-for-a-standard-form-technology-contract.md)

## 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

## Authorities

- [Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) s 64 (terms excluding, restricting or modifying the consumer guarantees are void to that extent)](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html)
- [Australian Consumer Law s 64A (limiting liability to resupply or repair for goods or services not of a kind ordinarily acquired for personal, domestic or household use, unless not fair or reasonable)](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html)
- [Australian Consumer Law ss 23, 24 and 27 (unfair terms in standard form consumer and small business contracts are void; meaning of unfair; presumption of standard form)](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html)
- [ACCC, Unfair contract terms (proposing, using or relying on unfair terms in standard form contracts prohibited, with penalties, from 9 November 2023)](https://www.accc.gov.au/business/selling-products-and-services/unfair-contract-terms)
- [ACCC, Consumer rights and guarantees (consumer guarantees cannot be taken away by anything a business says or does)](https://www.accc.gov.au/consumers/buying-products-and-services/consumer-rights-and-guarantees)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/website-terms-of-use and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*