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Blue Ocean Law Group℠ are innovative Counsel [iC]℠ and Australia, New Zealand + California, USA Legal Network Partner for iubenda.

We use iubenda for our own Globally compliant Website Terms of Use, and are an Affiliate -> Get 10% off your initial subscription with this link!

iubenda Certified Legal Partner

Alternatively, you can create your own subscription-free website legal documents below with our Website / App Legal Bundle which includes Terms of Use, a Privacy Policy and an eCommerce Returns Policy (if applicable).

Recent Australian Consumer Law Amendments

Effective from 9 November, Australian Consumer Law underwent substantial amendments.

These changes are primarily focused on expanding the scope of unfair contract terms to encompass small businesses and consumers, mandating the fairness of all contracts.

Our automated website terms & conditions document has been updated to comply with these changes, however we always recommend legal review of your proposed terms & conditions before your post them online.

The notion of 'fairness' in legal terms is subjective and should be assessed individually.

Contact us if you have special requirements, or need a legal review of your existing Website/App Terms of Use.

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An illegal website is trying to use our name [a US-hosted duplicate of the entire business eCommerce Website] to gain advantages and scam customers. All the major search engines ignore it. James has initiated a DMCA takedown and will resolve the issue within one week. [Details Added for Clarity]. He understands how things work and knows the reason behind the issue.

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Great service by james, very quick and minimal charges, glad to find Blue Ocean Law Group online. Definitely recommend to anyone and everyone for online law services. Thanks JAMES.

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After having received outrageous quotes from other firms, and wasting my money paying what I wasn't meant to pay, I finally found Blue Ocean Law Group online. Real people, solved my problem with empathy, communication, honesty and above all, professionality. A special thanks to James Ford. I will definitely keep this law firm in mind for any further issues, and highly recommend them if you want problems solved!! Thank you.

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James is very helpful and patient with explaining the details. I look forward to working with you again in the future.

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blueocean.law has awesome legal docs + legal wizards/services on its website! Especially its FREE U.S. Non-Immigrant Visa Application Legal Wizard [Global] which is right on point for my current business needs.

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Meeting with James was a pleasure, I experienced something truly exceptional, and I can't help but share my enthusiasm through this review. The service I received was impeccable. James was not only highly professional but also genuinely friendly, making me feel like a valued client throughout that moment.

Ashraf Said | Justice of the Peace ➲ Accountant in Ingleburn (NSW) [1 of 3]

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blueocean.law's website is an incredible treasure trove of information! The depth and clarity of the content provided are truly impressive. It's evident that a lot of effort and expertise has gone into curating such a valuable resource. Thank you for creating a platform that’s engaging and very informative. Highly recommended.

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This thought-provoking article underscores the often overlooked yet profoundly important aspect of estate planning – the ethical will or legacy letter – adding depth and significance to the process of passing down not just assets, but personal values and wisdom.

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General FAQ

Do I need a Privacy Policy?

Legal Background ➲ Australian privacy act 1988 (Comm.)

The Privacy Act and Australian Privacy Principles (‘APPs’) govern the collection, storage, use and disclosure of Personal Information

Australian businesses/NFP's are bound by the Privacy Act if they:

➲ “Opt-in” or publicly volunteer to be regulated;

➲ Handle Personal Information (defined below) + have $3 million or more in annual turnover; or

➲ Are captured by the second set of criteria set out in the Act.

Caution: The additional “second set” of criteria mean that every business or charity regardless of turnover may be caught if they sell or purchase Personal Information or handle specific categories of Personal Information, such as TFN (Tax File Numbers, Health + Medical Data, etc.)

Small business/NFP operators generally are exempt from the Privacy Act unless one of the above-mentioned points apply.

Does your business/NFP need to comply with the privacy act?

Click the below link to access the online guide:

Does my Business/NFP need to comply with the Privacy Act?

If you are still unsure you should take the cautious approach and put relevant privacy measures in place as well as seek Independent Legal Advice.

Credits:

This FAQ was extracted from the blog article "Privacy Policies & Australian Law" by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠ which was originally published in late 2018 + is hosted on iubenda's website.  

By way of full disclosure: Blue Ocean Law Group℠ is iubenda's Legal Network partner in Australia + New Zealand.

Blue Ocean Law Group℠ also collaborates with iubenda to present regular free webinars entitled:

How to make your website/app easily compliant with Australian Law?

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What are the Australian Privacy Principles (APP's)?

Click here to download ...

Source: Office of the Australian Information Commissioner (OAIC) website

Do foreign laws apply to my Australian website?

Where is your website hosted? Do you target overseas users/clients? etc.

Firstly, your law(s) of reference determine which rules you’re subject to.

Simply put, the laws of a particular region [for example, the EU GDPR] can apply to you in addition to local Australian law even if you don’t live, or run your business or charity (also known as a not-for-profit or NFP) there.

In general, the laws of a particular region can apply if your business or NFP:

➲ Base your operations there; or

➲ Use processing services or servers based in the region; or

➲ Service targets users from that region (example: accepting payment in Euros).

So to be clear, this basically means that regional regulations may apply to you and/or your business or charity whether you’re located in the region or not.

Be on the safe side, ensure you comply with the strictest regulations

For that reason, it’s always advisable that you approach your data processing activities with the strictest applicable regulations in mind.

You can read more about which privacy laws apply to you here.

Another point in favour of having a comprehensive privacy policy in place is that it’s simply good business to have a Privacy Policy.

Regardless of whether legal obligations apply, all customers/clients today fully expect their personal data will be respected + protected.

Any breach, aside from potentially leading to legal consequences, will directly impact your business reputation, and ultimately could cause your business or charity to shut-down due to public loss of confidence.

Credits:

This FAQ was extracted from the below blog article "Privacy Policies & Australian Law" by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠ which was originally published in late 2018 + is hosted on iubenda's website.  

By way of full disclosure: Blue Ocean Law Group℠ is iubenda's Legal Network partner in Australia + New Zealand.

Blue Ocean Law Group℠ also collaborates with iubenda to present regular free webinars entitled:

How to make your website/app easily compliant with Australian Law?

Further Reading:

What is a Force Majeure clause?

What is a Force Majeure clause?

A force majeure clause is a method of allocating the risk of a disruptive event. It is a broad catch-all provision whereby the parties list categories or specific instances of otherwise frustrating events, together with the party or parties to bear the risk of the event occurring.

The clause can also grant options to vary, suspend or terminate the contract to one or more of the parties. [1]

Force majeure clauses form part of a contract’s express terms, subject to the conventional methods of construction.

Absent a force majeure clause, it is unlikely a contract’s commercial purpose would suggest that such a provision is so apparent that it goes without saying [2], meaning a court is likely to refuse to imply it.

Further Reading:

For a more detailed discussion please refer to our blog article “Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call" by Shakvaan Wijetunga | Virtual Intern at Blue Ocean Law Group℠.

Footnotes:

[1] Eg., Yara Nipro P/L v Interfert Australia P/L [2010] QCA 128, [26].

[2] BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266, 283.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.