In this guide · 8 sections
- 01Do you need website terms and conditions?
- 02Core sections of website terms and conditions
- 03How online contracts are formed under the Electronic Transactions Act
- 04Limitation clauses: what the law will not let you exclude
- 05E-commerce terms: delivery, returns and pricing errors
- 06Keeping versions and getting acceptance
- 07Do it yourself or get help?
- 08Frequently asked questions
Short answer
Include who you are, how orders become contracts, prices, delivery, returns, liability limits, intellectual property, a privacy policy link, how terms change and Singapore law. Keep limitation clauses reasonable: you cannot exclude liability for death or injury caused by negligence.
Do you need website terms and conditions?
No Singapore law says every website must have a page called "Terms and Conditions". In practice, you need them if you sell online, take bookings or deposits, run accounts or memberships, or let users post content. A brochure site that only shows information and a contact form can manage with a short terms of use page and a privacy policy.
| Your site | What you need | Priority |
|---|---|---|
| Information only, contact form | Short terms of use, privacy policy | Low |
| Online store | Terms of sale, returns and refund policy, delivery terms, privacy policy | High |
| Bookings or deposits | Booking terms, cancellation and no-show rules, privacy policy | High |
| Accounts, memberships, subscriptions | Account terms, renewal and cancellation terms, acceptable use | High |
| User reviews or uploads | Content rules, takedown process, licence to display content | Medium |
A privacy policy is a separate document under the PDPA. Our guide to website privacy policies and cookie consent covers it.
Core sections of website terms and conditions
Most small business terms follow a similar structure. Write them in plain English; terms customers can understand are easier to rely on.
Sections to include
How online contracts are formed under the Electronic Transactions Act
The Electronic Transactions Act 2010 sets the ground rules. Three sections matter most for an online store.
- Section 11: an offer and acceptance can be made by electronic communication, and a contract is not invalid just because it was formed that way.
- Section 14: a proposal on a website that is generally accessible, including an order system, is an invitation to make offers, unless it clearly says you intend to be bound on acceptance. So the customer's order is the offer, and you decide when to accept it.
- Section 16: if a person makes an input error with your automated system and the system gives no chance to correct it, the person can withdraw that part of the order, provided they tell you promptly and have not benefited from the goods or services.
In practice, your terms should say when an order is accepted (for example, when you send a dispatch confirmation, not when the payment goes through), and your checkout should show an order summary the customer can review and edit before paying. That also protects you from being bound to obvious pricing errors.
Limitation clauses: what the law will not let you exclude
Many templates include sweeping clauses such as "we accept no liability for any loss whatsoever". In Singapore, these may not work, and some can count as unfair practices.
Usually acceptable
- Capping liability at the amount paid for the order, where reasonable
- Excluding loss you could not reasonably foresee
- Clear limits for free tools or information on the site
- Stating what is and is not included in a service
Likely to fail or cause trouble
- Excluding liability for death or injury caused by negligence
- "No refunds under any circumstances" for faulty goods
- Terms that misstate customers' legal rights
- Harsh, one-sided terms hidden in small print
The Unfair Contract Terms Act 1977 says a contract term or notice cannot exclude or restrict liability for death or personal injury resulting from negligence, and other exclusions of negligence liability must meet a reasonableness test. Where you deal with consumers or on your written standard terms, section 3 subjects exclusion of liability for your own breach to the same test.
The Consumer Protection (Fair Trading) Act adds two relevant unfair practices in its Second Schedule: representing that a transaction involves or does not involve rights or remedies where that is misleading (paragraph 11), and including terms that are harsh, oppressive or excessively one-sided so as to be unconscionable (paragraph 13).
E-commerce terms: delivery, returns and pricing errors
For an online store, the terms customers actually read are about delivery, returns and money. Keep them on short, linked pages as well as in the full terms.
- Delivery times: give realistic ranges, and say what happens if an order is late. Accepting payment when you know you cannot deliver in the stated period is itself an unfair practice under the CPFTA.
- Returns and refunds: say which items can be returned, within how long, in what condition, and who pays for return shipping. Do not word it so it appears to remove rights customers have for faulty goods.
- Pricing errors: because orders are offers you accept, you can reserve the right to cancel orders placed at an obvious error price, with a full refund.
- Prices and fees: show GST and any mandatory fees before checkout, in line with the enhanced e-commerce guidelines.
Keeping versions and getting acceptance
Terms only help if you can show which version a customer agreed to. If there is ever a dispute, you will need to show what the customer saw.
Date every version
Put "Last updated" and a version number at the top of the terms.
Keep an archive
Save each old version as a PDF with its dates, so you can produce it later.
Record acceptance at checkout
Use an unticked box linked to the terms, and store the version and timestamp with the order where your platform allows.
Notify customers of material changes
Tell account holders and subscribers before changes take effect, and say how to cancel if they do not agree.
Review yearly
Check the terms against how you actually operate: delivery partners, payment methods, refund practice.
If a developer is building your site, make sure the contract covers who writes and uploads the legal pages. Our website design contract checklist lists what to agree.
Do it yourself or get help?
A clear set of terms based on how you actually operate is better than a long template copied from an overseas site. Write the sections above in plain English, then have a Singapore lawyer review them if you sell high-value goods or services, run subscriptions, or operate in a regulated industry.
Our Business Website (S$1,490) and Shopify Store (S$1,890) packages include setting up the policy pages and linking them from checkout and the footer. For stores, the Shopify package covers refund, privacy, shipping and terms pages. We set up the pages and checkout acceptance; we do not write legal advice, so the wording you publish should come from you or your lawyer.
Frequently asked questions
There is no single law requiring a page called terms and conditions. But if you sell online, take bookings or run accounts, terms are how you set out the contract with customers. You also need a privacy policy or notice for the PDPA if you collect personal data, which most websites do.
Yes. Section 11 of the Electronic Transactions Act 2010 confirms that offers and acceptances can be made by electronic communication, and a contract cannot be denied validity solely because it was formed electronically. Contracts formed through automated systems, such as an online checkout, are also valid under section 15.
It is risky. Another site's terms may be written for a different country's law, may not match how you operate, and may be protected by copyright. Terms that do not reflect your real delivery, refund and payment practices can also mislead customers. Use them only as a checklist and write your own.
Be careful. A blanket no-refunds statement can mislead customers about rights they have, for example for faulty goods, and representing rights misleadingly is listed as an unfair practice under the Consumer Protection (Fair Trading) Act. You can set reasonable rules for change-of-mind returns, but get advice on the exact wording.
Change the date and version number, archive the previous version, and tell existing customers or subscribers about material changes before they take effect. For new orders, the checkout should link to the current version, and you should keep a record of which version each customer accepted.