Website Terms and Privacy Policies

Website terms of use, online terms of sale and privacy policies prepared for how your business actually collects information and sells online.

  • Website terms of use and online terms of sale
  • Privacy policies prepared for your data practices
  • Prepared with consumer law and unfair contract terms in mind
  • Available separately or together
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2020Established

Doing business online

Documents That Match What Your Website Does

A privacy policy copied from another website describes someone else’s business. It needs to describe how yours collects, uses and discloses personal information.

Businesses with an annual turnover above $3 million, and some smaller businesses such as health service providers, must comply with the Australian Privacy Principles, including having a clearly expressed and up-to-date privacy policy. Many smaller businesses also adopt one because customers, payment providers and platforms expect it.

Website terms of use and terms of sale set the rules for visitors and customers. For sales to consumers and small businesses, they need to work within the Australian Consumer Law: consumer guarantees cannot be excluded, and unfair terms in standard form contracts can be declared void and attract penalties.

This page is general information and is not legal advice about your circumstances.

What we prepare

What We Prepare

Each document is prepared from a short questionnaire about your website, your customers and your data practices.

Website Terms of Use

Rules for visitors using the website, including intellectual property, acceptable use and limits on liability.

Online Terms of Sale

Ordering, pricing, delivery, returns and refunds, prepared to sit within the Australian Consumer Law.

Privacy Policy

How personal information is collected, used, stored and disclosed, including any disclosure overseas.

Collection Notices

Short notices shown where information is collected, such as on enquiry and sign-up forms.

Marketing Consents

Wording for email and SMS marketing consents and unsubscribe arrangements.

Review of Existing Documents

A review of your current terms or policy against how your website operates today.

Fixed fees for this work are published on our pricing page.

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How it works

How It Works

01

Tell us about the website

What it does, what it sells, what information it collects and which third-party services it uses.

02

We confirm the fee

You receive a fixed fee in writing before any work starts.

03

We prepare the documents

The drafts are sent with notes on anything you need to confirm about your data practices.

04

Publish and keep current

You publish the documents, and review them whenever your website or data practices change.

Before you start

What We Ask About Your Website

These documents need to describe what your website actually does. A short questionnaire covers the points below.

What the site does: Whether it provides information only, takes enquiries, sells goods or services, offers subscriptions, or hosts user accounts or content.

Personal information collected: Contact forms, account details, payment information, cookies and analytics, and any sensitive information such as health details.

Third-party services: Payment providers, email marketing platforms, booking systems, analytics tools and cloud storage, including where they store data.

Customers and sales: Whether you sell to consumers, businesses or both, your delivery, returns and refund arrangements, and any warranties you offer.

Common Mistakes

A policy that does not match practice: A privacy policy that describes practices the business does not follow can itself be misleading.

Trying to exclude consumer rights: Statements such as no refunds under any circumstances can breach the Australian Consumer Law.

Forgetting overseas storage: Many common platforms store data overseas, which the privacy policy should disclose.

Never reviewing the documents: New features, new tools and changes to the law all mean the documents need updating from time to time.

Points Worth Knowing

Consumer guarantees remain

Terms cannot exclude the consumer guarantees under the Australian Consumer Law.

Unfair contract terms

Unfair terms in standard form contracts with consumers and small businesses can be void and attract penalties.

Overseas data

If personal information is stored or disclosed overseas, including through cloud services, the policy should say so.

Automated decisions

Privacy reforms require privacy policies to explain certain automated decisions from December 2026.

Marketing messages

Commercial emails and SMS need consent, sender identification and a working unsubscribe facility.

Data breaches

Businesses covered by the Privacy Act must assess suspected data breaches and notify serious ones.

These documents should be reviewed whenever your website, products or data practices change.

Talk to Us About Your Matter

Website Terms and Privacy FAQs

Does my small business need a privacy policy?
Businesses with an annual turnover above $3 million must have one, and so must some smaller businesses, such as health service providers and businesses that trade in personal information. Other small businesses are not always legally required to have one, but most adopt one because customers and platforms expect it.
Can I use a template from another website?
A copied document describes another business’s practices and may infringe that business’s copyright. It is also unlikely to describe how your website actually collects and uses information.
What is the difference between terms of use and terms of sale?
Terms of use govern how visitors use the website. Terms of sale govern purchases, including ordering, delivery, returns and refunds. A website that sells online usually needs both.
What do these documents cost?
Our fixed fees for website terms of use and for a privacy policy are published on our pricing page. Online terms of sale are priced with our terms and conditions of trade.
How often should they be updated?
Whenever your website, products or data practices change, and whenever the law changes. Privacy law in particular has been changing, so a policy that has not been reviewed for some years is worth checking.
Do I need terms of use if my website only provides information?
They are still useful. Terms of use protect your content, set rules for using the site and limit your liability for reliance on general information.
Can you review documents that were copied or generated online?
Yes. We review existing terms and privacy policies against how your website operates and the current law, and either amend them or prepare replacements.

Have a question that is not answered here?

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Launching or Updating a Website?

Tell us about your website and we will confirm a fixed fee before any work starts.

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