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If the website has additional purposes, e.g. services or products are sold or supplied via the website (e.g. downloadable apps), or the website has a public noticeboard/forum where people can post comments and other material, different or additional terms will be required to address the risks for those additional purposes.
If you expand these terms to provide for different purposes, you will need to consider the impact of the unfair contract terms regime under the Fair Trading Act 1986. This regime comes into force on 17 March 2015, applies to all standard form consumer contracts entered into after that date, and enables the Commerce Commission to obtain a declaration that a term of the contract is unfair. If this happens, no person may apply, enforce or rely on that term.
The terms also include references to setting up an account. The user accounts contemplated are limited to a visitor setting up an account to access password-protected areas of the site, or to register for further updates from the website.
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