What is the main objective of terms of business?
To protect yourself if a problem goes to court or to prevent problems occurring in the first place?
Presumably you want to prevent problems occurring so you don’t end up in court! But lawyers too often take a ‘legalistic’ approach rather than working with clients to develop practical ways to prevent problems. It just doesn’t make sense to focus on one to the exclusion of the other, especially when practical solutions are more effective and less expensive.
And, to make matters worse, your legalistic terms may not even protect you if you do end up in court or in a fair trading tribunal.