ELBizDocs Online Legal Solutions

Essentials - Online Business ($770)

Includes Website Terms & Conditions and Privacy Policy 

Do I need Website Terms and Conditions?

If your business has a Website, you need Website Terms and Conditions to set out your users’ rights and obligations in relation to using the Website. This is particularly important if your users can upload content, post photos or post comments on the Website or where you allow the user to input their personal information into the Website. Our Website Terms and Conditions can also help limit your liability to users of your Website.

Do I need a Privacy Policy?

There are many factors that influence whether or not you are required to have a Privacy Policy pursuant to Australian privacy law. Most start-up and small businesses (i.e. businesses with an annual turnover of $3 million or less) are not required by law to have a Privacy Policy. However, there are a collection of exceptions to this statement, the most important one being that any 'Health Service Provider' is required to comply. A Health Service Provider for the purpose of Australian privacy law basically includes any business that collects information relating to a person's weight, height, medical history or medical condition. It is very broad and almost always includes gyms and fitness providers, services relating to children and online health services, in addition to the more obvious businesses such as medical providers.

I don’t fall into the above categories, do I still need a Privacy Policy?

If your business isn’t a ‘Health Service Provider’ and you don’t turnover $3 million per annum, you might decide to ‘opt into’ the privacy law regime anyway, in accordance with the Office of the Australian Information Commission (OAIC)’s recommendation. Complying with the privacy law framework (including having a compliant Privacy Policy) can demonstrate to your customers/clients that your business has integrity and reduce the number of complaints that you receive. However, you cannot ‘partially opt in’ – if you make the decision to have a Privacy Policy, you must ensure that you comply with all of your obligations under the privacy legislation. You can access excellent resources on the OAIC’s website to assist you in this regard.

Is a 'Website Privacy Policy' different to a normal Privacy Policy?

Not really, it just contains extra provisions about the information that you collect from users of your website and how that information is used (you might have seen those pop up boxes about ‘cookies’ – they are not the edible kind!). We include all of these provisions in our Privacy Policy, so you are covered.

What is included with this ELBizDoc?

If you purchase this Essentials - Online Business bundle, you will receive:

  1. Website Terms and Conditions (in Word format) customised for your particular Website and based on the information provided in your Interview;
  2. an ongoing, irrevocable licence to use the Website Terms and Conditions in relation to the Website for which they have been prepared (eg. you can't use the same document for multiple Websites - if you need multiple documents, please contact our team for a fee quotation);
  3. a Privacy Policy (in PDF format) customised for your business and based on the information provided in your Interview; and
  4. contact from one of our leading business lawyers, to answer any questions that you might have in relation to the documents.

Do not buy this ELBizDoc if...

Contact us first before purchasing this ELBizDoc if any of the following apply:

  1. you want the Website Terms and Conditions to be enforceable in a country other than Australia; and
  2. you are not sure whether this document will be applicable to your particular circumstances.

I'm ready, let's do this!

This Interview will take approximately 20 - 25 minutes to complete.

Before starting, you will need to have handy:

  1. the details of the legal entity that owns the Website (including ACN and ABN details, as applicable);
  2. details regarding the different features/functions on your Website (eg. does it include an online store, an online booking function, a blog where you express your views on different matters, a forum where users can contribute comments etc.);
  3. details regarding the nature of your business;
  4. details regarding how you collect, store and use information;
  5. details of the information that you collect from users of your Website; and
  6. other basic contact information, including your website address.

By hitting 'Start' on this Interview, you acknowledge and agree:

  1. that we (Enterprise Legal (Qld) Trading Pty Ltd ACN 621 481 507 trading as Enterprise Legal Qld ABN 75 621 481 507) are providing you with legal services and the terms of our ELBizDocs Costs Agreement apply to the provision of these services;
  2. we are not providing you with accounting and taxation advice in relation to these services and we strongly recommend that you seek advice from an appropriate professional in this regard;
  3. we are not providing you with legal advice in relation to these services or any other services, apart from:
    (a) the generic advice that is provided on this page and throughout your Interview; and
    (b) the specific advice provided to you by a member of our EL Team, once you have completed your order;
  4. we will use all reasonable endeavours to create the Website Terms and Conditions and Privacy Policy within three Business Days (starting on the day after we receive your order, if it is placed after 12pm), but will not be liable to you if we are unable to meet this timeframe; and
  5. once your order is placed, you are unable to cancel it (this however, does not exclude any rights that you may have pursuant to the Legal Profession Act 2007 (Qld)).