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determining the legal rules applicable could be disastrous.
This extends to identifying the forums to be used for dealing
with disputes arising from your T&Cs.
• Ensure your compliance with important legislation such
as the Electronic Communications and Transactions Act
25 of 2002, the Consumer Protection Act 68 of 2008 and
the Protection of Personal Information Act 4 of 2013 (soon to
commence) which are relevant to your online business.
• Eliminate loopholes that could be exploited by a savvy online
Commercial A one-size-fits all or cut-and-paste approach must never be followed.
consumer for their benefit and to your detriment.
Your type of business, the goods or services you sell, your content, your
value offering all differ from that of other online businesses and as such
demand T&Cs that are specific to your needs.
Also don’t assume that T&Cs are never read. As online consumers
become smarter and more educated, T&Cs are finely scrutinized before
a shopping decision is made. So make sure these are clear, watertight
and appropriate to your website so you can improve a consumer’s
willingness to shop online with your business. But tread carefully and
obtain the help of a specialist to help you put the correct T&Cs in place
for your new website.
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