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The Terms of Service Contract is a fundamental legal document for any business providing services in Australia, particularly digital or online services. It serves as the primary agreement between service providers and their users, establishing clear guidelines for service usage while ensuring compliance with Australian legislative requirements. This contract type is essential for protecting both the service provider's interests and user rights, incorporating mandatory provisions from the Australian Consumer Law, Privacy Act 1988, and other relevant legislation. The document should be implemented when launching new services or updating existing service terms, and requires regular review to maintain compliance with evolving Australian regulations and business needs.

1. Parties: Identification of the service provider and definition of the user/customer

2. Background: Brief context about the service and purpose of the terms

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Service Description: Detailed description of the services provided

5. User Eligibility and Registration: Requirements for using the service and account creation process

6. User Obligations and Conduct: Rules and responsibilities for users when accessing the service

7. Privacy and Data Protection: How user data is collected, used, and protected in compliance with Privacy Act 1988

8. Intellectual Property Rights: Ownership and usage rights of content and intellectual property

9. Payment Terms: Pricing, payment methods, and billing procedures

10. Term and Termination: Duration of agreement and conditions for termination

11. Limitation of Liability: Extent and limitations of service provider's liability in compliance with ACL

12. Disclaimers and Warranties: Service provider warranties and disclaimers, including mandatory consumer guarantees

13. Dispute Resolution: Process for handling disputes between parties

14. Governing Law: Specification of Australian law as governing law and jurisdiction

15. General Provisions: Miscellaneous legal provisions including severability and entire agreement