New Zealand - Social Media T&Cs Comparison

Social Media Terms - Unenforceability Extends to New Zealand Law

3 April 2017

Following the Australian legal review of the top ten social media platforms, ISMA has now analysed the enforceability of those Terms of Service under New Zealand law . The results were, once again, not so favourable for the social media platforms...

Again, the Terms of Service are heavily one-sided, in favour of foreign corporations and unfair to New Zealand users.


In summary, the most concerning terms in New Zealand relate to: 

  • acceptance of the terms, as the scope of the agreement 

       is unclear at time of entry

  • the potentiality of an unfair contract term where the platform

unilaterally changes the terms of the agreement

(or the characteristics of goods or services provided)

such that the change is unfair

  • privacy and data

  • minors

  • unenforceable disclaimers such as implied warranties

  • IP enforcement

  • problems with time and money limitations on claims - many of the platforms impose a limit of USD$100, which could be unfair given the costs of bringing a claim

The full New Zealand Report can be accessed here: 

For more information, please contact: Head of Policy & Advocacy at or +61 2 8006 9964.



NZ T&Cs Comparison Table.jpg