Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
Website Terms of Use (New Zealand) by OLL
Open Legal LibraryUpdated 27 Oct 2026
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WEBSITE TERMS OF USE
Effective date: [effective date]
Note: Use these Terms for a New Zealand business website, whether it only gives information or also lets visitors create accounts or post reviews and comments. They are not terms of sale: if people buy goods or services from you through the website, you also need separate terms of sale, and Clause 9 links to them. Complete every yellow field, keep one Option in each Option block and delete the others and the Option labels, and delete any Clause marked optional that you do not need. Renumber the Clauses only when you have finished, because these notes refer to the original Clause numbers. Delete Schedule 1 before you publish.
Note: Make these Terms match how your website actually works, and keep them balanced. Website terms are standard form terms. If the Commerce Commission persuades a court that a term in them is unfair to a consumer, or to a business user whose dealings with you under them are worth less than NZD 250,000 a year including GST (for a free website, that is every business user, whatever its size), you must stop including, applying or relying on that term, and continuing is an offence. A term is more likely to be found unfair if it gives only you a right, such as to change the terms or end the arrangement, is not in plain language, or goes further than you need to protect a genuine business interest, and you would have to prove that need. These Terms limit your own rights for that reason; keep those limits.
Note: How these Terms bind people. An agreement is not invalid just because it is made online, but a visitor is unlikely to be bound by terms they had no fair chance to see before using the website. A link to these Terms in the footer of every page tells visitors the rules, but on its own it is weak evidence that a particular person saw or agreed to them, and it may not be enough for terms that are unusual or take away rights. Wherever it matters, such as when someone creates an account or posts content, ask them to agree actively: an unticked box or a button next to the words "I agree to the Website Terms of Use", with a link to them, that they must use before they can continue. Keep a record of who agreed to which version and when.
These Website Terms of Use (the "Terms") apply to your use of the website at [website address of the business] (the "Website"). The Website is operated by [legal name of the business] (NZBN or company number: [nzbn or company number of the business]) ("we", "us" or "our").
This is a preview. The full template is free on GitLaw.
These website terms of use establish the rules for visitors using a New Zealand-based business website. They cover user accounts, acceptable conduct, content moderation under New Zealand law, and links to separate terms of sale if applicable.
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About this template
What is this template?
This document is a set of website terms of use tailored for New Zealand consumer law. It is NOT a terms of sale agreement for e-commerce transactions, which requires its own specific document. It contains unique 48-hour counter-notice procedures for content complaints and specific disclosures for business-to-business contracting out of consumer guarantees.
When should you use it?
Use this document when launching a website for a New Zealand audience that permits user interaction. Use separate e-commerce terms of sale if you are selling products, or a simple privacy policy if your website only collects lead data without user accounts.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | ABOUT THESE TERMS | Establishes that these terms are a legal agreement and that using the Website constitutes acceptance of the rules. |
| 2 | WHO CAN USE THE WEBSITE | Sets a minimum age requirement of [minimum age] years old or allows general use with parent/guardian consent for users under 18. |
| 4 | ACCOUNTS | Obliges account holders to provide accurate information and notify the business at [contact email] of security breaches. |
| 5 | ACCEPTABLE USE | Prohibits using automated tools like bots or crawlers to collect data or train artificial intelligence systems without written permission. |
| 6 | CONTENT YOU POST | Grants the operator a non-exclusive, royalty-free, worldwide licence to display User Content on the Website and social media channels. |
| 6.6 | HARMFUL DIGITAL COMMUNICATIONS COMPLAINTS | Implements a 48-hour response process for complaints made under the Harmful Digital Communications Act 2015 regarding user-posted content. |
| 7 | OUR INTELLECTUAL PROPERTY | Confirms the operator owns or has permission for all Website text, images, and software, excluding content posted by users. |
| 9 | BUYING FROM US | Directs users to separate terms of sale located at [terms of sale web address] if they purchase goods or services. |
| 10 | YOUR RIGHTS UNDER CONSUMER LAW | Expressly preserves all rights and remedies under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. |
| 11 | CHANGES TO THESE TERMS | Requires the operator to give account holders 14 days' notice before changes that significantly affect them take effect. |
| 12 | GOVERNING LAW AND DISPUTES | Applies New Zealand law and grants New Zealand courts exclusive jurisdiction, while preserving the right to use the Disputes Tribunal. |
Who it's for
- a New Zealand business operating a website where visitors can create accounts
- a website operator allowing users to post reviews, comments, or photos
- a business requiring a legally compliant process for the Harmful Digital Communications Act 2015
- an online platform providing general information that links to separate terms of sale
How long it runs and how it's signed
How long
Runs until someone ends it
Survives the end
OUR INTELLECTUAL PROPERTY, YOUR RIGHTS UNDER CONSUMER LAW AND OUR LIABILITY, GOVERNING LAW AND DISPUTES
Law it's drafted under
Governed by
Harmful Digital Communications Act 2015
Refers to
Consumer Guarantees Act 1993
Refers to
Fair Trading Act 1986
Categories
Jurisdiction
New Zealand
Document info
GitLaw document. Document created on Tue Oct 27th, 2026. Last updated on Tue Oct 27th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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