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I'm looking at writing T&Cs for my service and found that many examples repeat that they prevent things which are already illegal. An example fragment:

You may not use the Services and may not accept the Terms if: [...] you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Is there a point to adding rules like this? If it's already illegal for the person, my T&Cs don't change that, so it seems like a waste of space.

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    These terms don't restrict the customer, they protect the business. If they accidentally do business with someone who they weren't allowed to do business with, they now have some evidence that it was accidental, that they did some amount of due diligence, and that the violation was entirely the customers fault.
    – amon
    Commented Aug 23, 2020 at 9:12
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    Do you literally want to apply every law worldwide? Because as written, the list of countries is not limited to Australia, the country of residence and the country where the service is used. It also includes Iran, North Korea and China.
    – MSalters
    Commented Aug 24, 2020 at 10:17

1 Answer 1

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Yes

They explicitly make the identified illegal act a breach of contract and allow you to sue. Without that, you may have no remedy.

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  • Ok, thanks. What if I deal only in very small amounts per customer, that I'd never want to sue anyone over? (or really any active interaction would be a waste of time)
    – viraptor
    Commented Aug 23, 2020 at 8:57

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