Information found on business websites and stored on servers is generally accessible to the public. The use of this information can create a liability on the author of the information, the party that stored the information, and/or the party who facilitated and accessed that information.
If the use of information causes damage or loss, a claim could potentially be made:
- In negligence- where the existence and breach of a duty of care has been established;
- For breach of contract- where a contract has been created and an express or implied term has been breached; and/ or
- For a breach of a statutory duty- these are the obligations and requirements prescribed by law.
It is common therefore for a website’s terms and conditions to be uploaded onto the internet simultaneously with the information. Depending on the type of information which is being stored and published on a server or website, those terms and conditions will need to contemplate and address any risks that may arise.
The terms and conditions often act as a disclaimer to attempt to minimise the liability of the author should the information be relied upon to the detriment of another. In some circumstances, the manner in which a term or condition of the use of the information may not be sufficient to reduce liability on part of the author, however this is assessed on a case by case basis. It is therefore important for a solicitor to analyse the nature of the information and determine the most appropriate way in which the terms and conditions should be constructed to minimize exposure to liability.
Legal advice for website terms and conditions should be obtained prior to any information being uploaded online. If you require assistance with your website’s terms and conditions, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and arrange an appointment to see one of our Business & Online Start-Up Solicitors.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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