How To Write Terms & Conditions For Your Website (2026 Updated)

If you run a website for your business (especially if you sell anything online), your Terms & Conditions are part of your legal foundations.

They help set expectations, prevent misunderstandings, and give you a clearer pathway to resolve issues if something goes wrong. And because websites, online payments, and privacy expectations keep evolving, it’s worth checking that your approach is current (that’s the point of this 2026 update).

Below, we’ll walk you through what website Terms & Conditions are, what to include, and how to draft them in a way that actually fits how your business operates.

What Are Website Terms & Conditions (And Do You Really Need Them)?

Website Terms & Conditions (sometimes called “Website Terms of Use” or “Website T&Cs”) are rules that explain how people can use your website and what they can (and can’t) do on it.

They’re not always legally mandatory in New Zealand, but they’re almost always a smart idea. If your website supports your business in any meaningful way (marketing, bookings, enquiries, ecommerce, subscriptions, downloads), then having T&Cs is one of the simplest ways to protect yourself from day one.

What Website Terms & Conditions Usually Cover

Your website T&Cs can cover things like:

• who owns the content on your site (and what visitors can do with it)
• acceptable behaviour (for example, no hacking, scraping, spamming, or uploading harmful material)
• your liability limits (and when you’re not responsible for loss or damage)
• how disputes will be handled
• how you can suspend or terminate a user’s access
• how and when you can change your website, pricing, or offerings

If your website includes e-commerce features, your terms will often overlap with “sale terms” or “online store terms”. For a lot of businesses, it’s cleaner to keep website T&Cs and store/purchase terms separate (but aligned), depending on how your site works.

What Happens If You Don’t Have Website T&Cs?

Without Terms & Conditions, you’re often relying on general contract law and implied rights. That can make it much harder (and more expensive) to resolve disputes, because the “rules of your website” aren’t clearly written down.

For example, if someone misuses your content, posts something inappropriate through your platform, or claims they relied on information on your blog and suffered a loss, your position is usually stronger when you have clear terms in place.

What Laws Affect Your Website Terms In New Zealand?

Website Terms & Conditions aren’t written in a vacuum. Even if you have strong terms, they still need to sit alongside New Zealand’s key consumer and privacy laws.

The main ones that commonly come up are:

• Fair Trading Act 1986 (misleading or deceptive conduct, misleading representations, unfair practices)
• Consumer Guarantees Act 1993 (automatic guarantees when you sell to consumers in trade)
• Privacy Act 2020 (how you collect, use, store, and disclose personal information)

If your website sells to consumers, your T&Cs can’t just “contract out” of consumer protections. For example, you can’t rely on a broad disclaimer to avoid obligations that the Consumer Guarantees Act gives to consumers (unless a lawful exception applies, such as sales to businesses where contracting out is permitted and done properly).

Similarly, your Terms & Conditions can’t replace a proper Privacy Policy. If you collect personal information through your website (even just via a contact form, newsletter signup, or analytics tools), you should have a privacy policy and make sure your terms don’t contradict it.

Why This Matters In Practice

Let’s say your terms say “all sales are final” and “no refunds ever”, but your product is faulty. Consumer law may still require you to provide a remedy.

Or, if your terms say you “don’t store any data” but your site collects enquiries and uses third-party tools, that mismatch can create legal risk and customer trust issues.

The goal is consistency: your terms should match how your website actually operates.

Step-By-Step: How To Write Website Terms & Conditions

If you’re building your Terms & Conditions from scratch (or rewriting old ones), it helps to approach it like a practical checklist. You’re not just “writing legal wording” - you’re mapping the real-world rules of your website.

1) Map Out What Your Website Actually Does

Start by listing what users can do on your site. For example:

• read free content (blogs, guides, FAQs)
• create an account or member profile
• book appointments or make reservations
• buy products or digital downloads
• subscribe and pay recurring fees
• submit user-generated content (reviews, comments, photos)
• contact you through a form

This sounds basic, but it’s where a lot of DIY terms fall down. Generic templates often assume your business model is something it isn’t.

2) Decide What “Rules” You Need Users To Follow

Once you know what the website does, decide what you need users to agree to. Common examples include:

• no misuse of the site (hacking, introducing viruses, attempting to access restricted areas)
• no copying or republishing your content without permission
• no impersonation, fraudulent accounts, or misleading reviews
• no posting content that’s unlawful, abusive, defamatory, or infringes IP rights

If you run a community, marketplace, or platform where users post content, your acceptable use rules become even more important.

Many businesses also include an Acceptable Use Policy (either built into the terms or as a separate linked document) so expectations are crystal clear.

3) Set Out Your Intellectual Property Position

Your website content (text, images, videos, branding, downloadable resources) is often one of your most valuable business assets.

Good website T&Cs typically confirm:

• you (or your licensors) own the intellectual property on the website
• users get a limited licence to access and use the site for personal/non-commercial purposes
• users can’t reproduce, distribute, display, sell, or modify your content without permission

If you allow sharing (for example, social sharing buttons or embedded media), you can allow that too - just be specific about what is and isn’t allowed.

4) Be Clear About Disclaimers And Liability Limits

This is usually the part people rush, but it’s one of the main reasons businesses have website terms in the first place.

Disclaimers and liability clauses often deal with:

• information accuracy (for example, content is general information, not advice)
• availability (your website might be unavailable due to maintenance or outages)
• third-party links (you’re not responsible for other websites you link to)
• limiting liability to the extent allowed by law

In New Zealand, you need to be careful here: you can’t “exclude everything” and expect it to hold up. Your terms should be realistic, aligned with consumer law, and written to fit the specific risks of your business.

If you use a broad disclaimer without tailoring it, you can end up with wording that looks tough but doesn’t actually protect you when it counts. It’s often worth getting a lawyer to draft or review this part (especially for ecommerce, health-related content, financial information, or anything customers might strongly rely on).

5) Explain How Users Can Create Accounts (If You Offer Them)

If your site allows users to register, your terms should cover account basics, including:

• eligibility (for example, age requirements)
• account security responsibilities (keeping passwords secure)
• accuracy of information provided
• your right to suspend or terminate accounts for breaches

This is particularly important if users can purchase, store payment details, access private content, or communicate with other users.

6) Make Your “Changes To The Terms” Process Clear

Websites evolve, and so will your terms.

Your T&Cs should explain:

• that you may update the terms from time to time
• how updates will be published (for example, by updating the page and changing the “last updated” date)
• what happens if users continue to use the website after changes (this is often treated as acceptance)

For subscription services or platforms with registered users, you might also want to provide direct notice of major changes (for example, email notifications). What’s “appropriate” depends on your business model and your risk profile.

What Clauses Should Website Terms & Conditions Include?

There’s no one-size-fits-all set of clauses, but most New Zealand business websites should consider including the following.

Website Access And Acceptable Use

• rules for accessing the site
• prohibited conduct (hacking, scraping, misuse)
• content standards (especially if users can upload or comment)

Intellectual Property

• ownership of site content and branding
• limited licence for users
• restrictions on copying, republishing, and commercial use

Third-Party Tools And Links

• disclaimer for third-party websites you link to
• how embedded tools may have their own terms (payment gateways, booking tools, social media)

Disclaimers

• general information disclaimer (where relevant)
• no guarantee of uninterrupted or error-free service
• limitations around reliance on content

Limitation Of Liability (To The Extent Permitted By Law)

• limits on indirect or consequential loss
• caps on liability (where appropriate)
• carve-outs where liability can’t legally be excluded

Privacy And Data

Your T&Cs should align with your privacy approach, but your privacy obligations are usually set out in a separate document like a Privacy Policy and sometimes a Cookie Policy.

If you use marketing emails, cookies, analytics, or remarketing tools, it’s important your documents match what actually happens behind the scenes.

Jurisdiction And Governing Law

If you’re a New Zealand business, it’s common to state that New Zealand law applies and that disputes will be handled in New Zealand.

If you sell overseas, this section becomes more complex (and it’s worth getting tailored advice).

Contact Details And Notices

Include how users can contact you about the website, and (if relevant) how legal notices must be sent (email, physical address, etc.).

Website Terms Vs Ecommerce Terms: What’s The Difference?

This is where many businesses get tripped up.

Your website Terms & Conditions generally govern use of the website (browsing, content, access rules). Ecommerce terms govern transactions (orders, payments, delivery, refunds, cancellations, warranties).

If you sell online, you’ll usually need extra terms that cover the sale process, including:

• how orders are placed and accepted (and when a contract is formed)
• pricing and payment methods (including failed payments)
• shipping timeframes and delivery risk
• returns and refunds process
• faulty products and consumer guarantees
• subscription renewals (if applicable)

For many online stores, it makes sense to have dedicated ecommerce terms, like Online Shop Terms and Conditions, and then keep your general site terms focused on website use.

If you’re running subscriptions or a digital product platform, you may also need terms that look more like App Terms and Conditions or platform terms, depending on how users interact with your service.

Not sure which approach you need? That’s normal. The “right” structure depends on how your business operates, what you sell, and what risks you’re trying to manage.

Key Takeaways

• Website Terms & Conditions set the ground rules for how users can access and use your website, and they help protect your business from avoidable disputes.
• Your Terms & Conditions should match what your website actually does (ecommerce, bookings, accounts, subscriptions, downloads, or just content) rather than relying on a generic template.
• Even with strong terms, you still need to comply with New Zealand laws like the Fair Trading Act 1986, Consumer Guarantees Act 1993, and Privacy Act 2020.
• Most website terms should cover acceptable use, intellectual property, disclaimers, limitation of liability (where legally permitted), third-party links/tools, and how you can change the terms over time.
• If you sell online, you’ll usually need ecommerce-specific terms covering orders, payment, shipping, returns, and consumer rights, in addition to general website terms.
• Because legal wording needs to be tailored to your business model and risk profile, it’s often worth getting your terms drafted or reviewed by a lawyer so you’re protected from day one.

If you’d like help drafting or updating your website Terms & Conditions, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.