Competition & Regulation Update: ACCC Obtains Its First Unfair Contract Terms Declarations: ACCC V Bytecard Pty. Limited (Australia)

The Australian Competition and Consumer Commission's (ACCC) first case solely based on the unfair contract terms provisions of the Australian Consumer Law (ACL) has resulted in the Federal Court declaring by consent that four terms in that standard form contract are unfair contract terms and therefore void (ie. of no effect).

ABOUT THE CASE -

Background -

Bytecard Pty. Limited (better known as NetSpeed Internet Communications) is a provider of internet access services throughout Australia. NetSpeed offers its services under standard form contracts that include a list of 'Terms and Conditions' (T&Cs).

The case concerned the T&Cs in use during the period from 1 January 2011 to April 2013. The terms declared void are set out in full in the attachment at the end of this Update.

Please see full update below for more information.

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Topics:  ACCC, Australia, Contract Disputes, Contract Drafting, Contract Interpretation, ISPs, Terms and Conditions, Void and Unenforceable

Published In: Antitrust & Trade Regulation Updates, General Business Updates, Consumer Protection Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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