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An E-tailer's Checklist |
Contrary to popular belief, the virtual market place is not a legal free for all. Careful preparation is needed when setting up an e-venture. Clark McNamara Lawyers have devised 10 simple tips to prepare you for safer cyber dealing. |
1. Highlight your contractual terms |
Insert on each web page, a noticeable link to a description of your contractual terms and conditions, including warranty details, refund and return policies and any delivery procedures, charges and times. |
2. Consider copyright issues |
Just because it's out there, does not mean you can copy it. Draft an agreement with your web developer outlining who owns copyright in each element of the site. Ensure permissions or licences for all third party content included in your web site have been obtained. For those elements owned by the developer, clearly state in the agreement what you can do with these elements. Furthermore, specify in the agreement who is to obtain the appropriate permissions or licences for the inclusion of any third party content in your site. |
To protect your own copyright interests, it is important to include in your web site a copyright statement, which can be accessed by means of a clear link from each web page. The statement should detail who owns copyright of material in the site; the permitted use of the copyrighted material by site visitors; and who visitors should contact to request permission for use of the material. |
Further copyright protection can be gained using technological means, for example, by encrypting information or using a password to download certain material. |
3. Be wary of allowing third parties to post information on your site |
To avoid potential liability for defamatory content posted on billboards or newsgroups in your site, insert a disclaimer stating that you do not monitor or control content of the relevant web pages. |
Provide a mechanism for receiving complaints about the content of your site and remove any questionable material as soon as you are made aware of an objection. |
4. Ensure information is accurate and regularly up-dated |
Product and pricing information on your web site must be clear, accurate and current. Recording the date and time of information up-dates will also keep your customers happy and assist you to avoid legal disputes. |
Prominently list any "hidden" charges and indicate the currency in which your prices are calculated. For added convenience you may wish to refer your customers to a currency converter such as http://www.x-rates.com |
5. Request permission to link |
Although many site owners will be happy for you to provide a link between your web site and their own, it is wise to seek permission before doing so. |
Avoid “deep linking” (linking directly to an internal web page of another site) and “framing” (displaying information from another site within your own web site frame). |
Include a disclaimer that you are not responsible for the content in the linked sites or any goods or services available from them. |
Frequently check your web links to ensure that the linked sites are still active and inoffensive. |
6. Provide written record of completed transactions |
Provide your customers with a record of their completed transaction, including details of the goods or services purchased, the purchase price and expected delivery date. |
7. Secure confidential information and maintain customer privacy |
Customers will be encouraged to visit your site and submit personal information if clear disclosures are made as to why the information is being collected and how it will be used. |
Clearly display your privacy policy on your web site, including a clear explanation of how financial information will be handled and a warning to your customers that sending confidential data to your site is at their own risk. |
Exercise particular care when handling confidential information such as credit card or personal details, sent over the Net. If you wish to use personal information for research or marketing purposes or pass it on to others, seek permission from your customers. Customers will not thank you for receiving unsolicited email. Note, an “opt-in” provision, which requires customers to agree to the use is probably more customer-friendly than an “opt-out” provision which permits the use of the information unless the customer objects. |
8. Post your contact details on your site |
A major deterrent for online purchasing is the difficulty in seeking redress should the transaction not be completed to the customer’s satisfaction. |
Prominently displaying a telephone number, email and "offline" business address to which customers can direct complaints and inquiries will inspire consumer confidence in your business. |
9. Define your target market |
Your web site will be accessible worldwide. If you wish to deal only within a limited region, state this on your web site. |
If you wish your business to have an international reach, the contents of your web site must comply with the laws of all target countries. |
10. Seek legal advice |
Before launching your e-business, contact Clark McNamara Lawyers to ensure that you have complied with the laws of all targeted jurisdictions. |
