“Do I need Terms & Conditions and Terms of Use? Aren’t they the same thing?”
This little bit of legal lingo trips up nearly every coach or creator I work with – so let’s clear it up once and for all.
If you’re a coach or course creator selling digital products online, this is an important distinction to understand. And I know this legal jargon can feel overwhelming. Many of my clients get tripped up by it when setting up their websites and courses – so in this post, I’ll walk you through the basics in plain English.
Quick disclaimer: I’m not a lawyer. What I’m sharing here is based on years of experience helping entrepreneurs set up their online courses and businesses, and from the guidance of legal experts I’ve worked with. Always get your own legal advice for your particular situation.
Why These Terms Matter
When you sell an online course or coaching program, you’re entering into a business transaction.
You need to be crystal clear about what’s being sold, what the buyer can expect, and what’s legally binding on both sides.
That’s where Terms & Conditions (T&Cs) come in.
At the same time, your website needs a set of rules that apply to anyone who visits it – whether they buy anything or not.
That’s where your Terms of Use come in.
Different purpose, potentially different audience, different legal role. Let’s break it down:
What Are Terms of Use?
Your Terms of Use (sometimes called Website Terms of Service) apply to anyone who visits or uses your website – whether they purchase from you or not.
It’s essentially a set of rules about how people can interact with your site and its content.
Typical sections include:
Use of Website Content
→ Who owns the copyright
→ What visitors can and can’t do with your content (no copying, reselling, reusing without permission)
Disclaimers
→ General legal disclaimers (e.g. no guarantees that your content is accurate or suitable for every situation)
→ “This is not legal, financial, or medical advice” (if applicable)
Limitation of Liability
→ You’re not responsible for things that might go wrong if someone uses your website or relies on its content
Third-Party Links
→ If you link to other websites, you’re not responsible for their content
User Conduct
→ Rules about comments, accounts, and general behaviour on your site
Governing Law
→ Which country’s law applies to these terms
You typically link your Terms of Use in the footer of your website, so it’s easily accessible to all visitors.
There are lots of online resources where you can purchase Website Terms & Conditions such as this one.
What Are Terms & Conditions for a Course?
Your Terms & Conditions for an online course (or digital product) are a very different document.
These terms govern the transaction between you and your paying customer – the person buying your course or program.
Think of it as the contract between you and them. It’s where you clearly lay out:
What’s being sold
→ What the course includes (modules, live calls, templates, bonuses, downloads, etc.)
→ How it will be delivered (live, pre-recorded, hosted on a platform, via email, etc.)
Payment Terms
→ Price
→ Payment plan details
→ When payments are due
→ What happens if a payment is late
→ Refund policy — this is super important! (Is it non-refundable? Is there a money-back guarantee window?)
Access & Delivery
→ How and when the customer will get access to the course
→ Whether access is time-limited or lifetime
→ What happens if you discontinue the program/platform in the future
Intellectual Property
→ You retain ownership of your content
→ Buyers can use the materials for their personal learning only (not for resale or redistribution)
→ No sharing login details with others
Personal Responsibility & Disclaimers
→ No guaranteed results
→ Not a substitute for professional advice (legal, medical, financial, etc.)
→ The buyer is responsible for their own actions and decisions
Termination
→ Under what circumstances you could revoke a customer’s access (non-payment, violating terms, abusive behaviour, etc.)
Privacy
→ How you’ll use the customer’s personal data (this should also link to your separate Privacy Policy)
Governing Law
→ Which country’s law applies to this purchase agreement
The Key Difference
Here’s the simplest way to explain it is:
👉 Terms of Use = rules for using your website — applies to everyone who visits.
👉 Course Terms & Conditions = rules for purchasing and participating in your paid product — applies only to customers who buy.
Different purpose. Different audience. Both important.
Where Should You Display These Terms?
This is another question I get asked a lot: Where do I actually put these things?
Terms of Use → Link in your website footer (so it’s accessible from every page).
Course Terms & Conditions → Link from your checkout page (ideally with a checkbox for “I agree to the Terms & Conditions” before someone can complete their purchase).
→ You can also link it from your course welcome email or inside your course platform.
Why It’s Worth Getting These Right
If you’ve been selling casually via email or DMs and haven’t formalised this yet, don’t panic – but do take action soon.
Clear terms:
- Protect your business legally
- Set clear expectations with buyers
- Help prevent misunderstandings and disputes
Having proper T&Cs also helps you come across as professional and trustworthy. It reassures potential buyers that you’re running a serious, credible business.
There are lots of online resource which offer legal templates. Lucy Legal has bundles and individual templates you can purchase.
Final Thought
I know legal stuff isn’t the most exciting part of creating and selling your amazing programs. But this is one of those “grown-up business” steps that really does matter.
And once you’ve got solid Terms of Use and Course Terms & Conditions in place, you can mostly set them and forget them (with an occasional review if you change your offerings).
So if you’ve been putting this off – now’s a great time to tick it off your list.
And although I’m not a lawyer, if you’re building out your first digital course or offer, I can definitely help with the tech side – making sure everything is properly linked and working behind the scenes.
You focus on creating your magic — I’ll help you make it safe, seamless, and sale-ready.
ThriveCart is my checkout platform of choice, and you can also deliver your course from there. You can get started with their lifetime deal for just $495.
If jargon and website tech are holding you back, you’re not alone – and you don’t have to figure it all out by yourself.
In my 1:1 Power Hour sessions, we can tackle whatever’s keeping you stuck – whether that’s getting your Terms & Conditions linked up properly, making your course checkout flow smooth and professional, or giving your whole website/course funnel a smart marketing once-over.
Let’s get your website set up to sell – with clarity, confidence, and peace of mind.
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