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TOS and Privacy policy

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Busy's picture
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Terms of Service and privacy poilcy, who actually writes these?

Can a TOS be "borrowed" from a site with similar product range ?

Is it best to get a lawyer to draft, write or just go over one?

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Personally I either make a really simple one not saying much or have a lawyer write one.

I think in some cases not having one is better than having a bad one. If you do have a bad one saying something wrong it can be used against you later.

Peter

teammatt3's picture
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I would just take someone else's TOS and change a few things and call it good. If that business comes and says you took it from them say your lawyer made it for you, but that wouldn't be honest, it depends on what kind of person you are. I think going to a lawyer would be a waste of money though.

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A TOS is design to protect both you and your client.
If you intend to be serious about your business then you should have a lawyer develop one for you.

Simply copying someone elses is a copyright violation.

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Busy's picture
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Thanks all

I'd rather stay legite as you never know when you'd need to fall bacl on whats in the TOS etc.

So I guess I have to try find someone (lawyer) that can do a proper one and not a backyard version.

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Busy's picture
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Pays to shop around, after phoning several lawyers I've had quotes from $400 NZ ($200 US) to $2000 NZ ($1000 US) to write up a TOS. Thats just from the ones that knew what I was talking about lol, weird talking to people that don't know what a website disclaimer, tos or privacy policy is.

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s0da's picture

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i think there is an online place where you can do this also. pretty much the same price... $2000 might aswell open and close the website down in one day.

teammatt3's picture
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What type of website are you going to create, that needs a REAL TOS?

Busy's picture
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I found a couple of on-line places but the problem is they were US based, our laws are different so a lot of it doesn't apply, would hate to just remove the bits that doesn't apply to my country and find I left big holes in it.

It's an e-commerce site

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You are kidding me right?

You are going to pay someone to write YOUR TOS & Privacy Policy?!?
Surely these are your terms of service and only you know what they are?!?
If you pay someone what are they going to do? Ask you what they actually are and write them down for you!

Just be truthfull when writing them, do not give any false hopes, just say what you do and what you don't do.

When was the last time you heard of someone being sued because they took parts of someones terms of service? It would be laughed out of court.

Have a look at other peoples, see what they are all about and write your own.

There are no "backyard" TOS's and privacy policies .. They simply say what you do and what you do not do.

Busy's picture
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If you notice my posts, I often miss out words or use the wrong word (fingers to fast for my brain).
I could end up writing "You are allowed to smile at anyone" when it should be "You are not allowed to smile at anyone".

The main reason I went for the lawyer is because of our consumer laws, customers are pretty well protected against all sorts of things, so one thing I have to get across is that I am just an avenue and not the supplier or holder of goods.
Example, we aren't allowed to sell firearms, or cigs to people under age of 16, if caught doing so, or offering an avenue to do so can result in big fine or jail term.
We also have a privacy act that probids any information given out about anyone unles informed before hand, even if to police it must be stated first.
Also need things like "use at your own risk" reworded into something that sounds a lot more pleasant, big words usually does that lol

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