Contracts

Suppliers of CAMI and iTutor home tutoring software admit to using unfair contract terms

Education software supplier Compass Matin Pty Ltd and its contract manager EduCollect Pty Ltd have admitted to using unfair contract terms in the supply of their CAMI and iTutor home tutoring programs.

Compass Matin supplied Maths and English tutoring software programs for primary and secondary students under the CAMI and iTutor brands until April 2020. EduCollect provided contract management services to, and received payments for, Compass Matin. Both companies had the same director, Mr Stephen Palframan.

Audio company Please Hold removes alleged unfair contract terms for small business customers

UK based audio branding company Please Hold (UK) Limited (PHMG) has committed to amend its contract terms after an ACCC investigation into allegations that PHMG’s standard form contract contained unfair contract terms, and limited consumer guarantee rights.

PHMG provides audio branding services including on-hold music and on-hold marketing services to small business customers.

ADT Security undertakes to refund customers and remove unfair terms

The ACCC has accepted a court-enforceable undertaking from home security provider Tyco Australia Group Pty Ltd, trading as ADT Security, to refund consumers who were wrongly invoiced, and to remove or amend certain unfair contract terms from its residential customer service agreement.

ADT Security has admitted that it is likely to have made false or misleading representations by continuing to invoice residential customers who had terminated their contract for home security services.

1300 Australia to remove alleged unfair terms and refund excessive termination fees

1300 Australia has undertaken to amend its current and future contracts with small businesses and will refund part of the termination fees paid by small business customers, as a result of ACCC concerns that some of the contract terms were unfair.

The company sells ‘phonewords’, which are telephone numbers that also spell words on a keypad, such as ’13 POOL’ or ‘1300 PROPERTY’.

In a court-enforceable undertaking, 1300 Australia has acknowledged that some of the terms in its contracts may have been unfair, and committed to amend its contracts.

Court finds Ashley & Martin contract terms unfair

The Federal Court has found hair loss business Ashley & Martin’s terms in three standard form contracts with consumers are void because they were unfair.

From June 2014 until at least June 2017, Ashley & Martin signed up more than 25,000 customers to its ‘Personal RealGROWTH Program’ using three different standard form contracts which have all been found to contain unfair terms.

Uber Eats amends its contracts

Uber Eats has committed to changing its contracts with restaurants following an investigation by the ACCC.

From at least 2016, Uber Eats’ contract terms made restaurants responsible for the delivery of meal orders, in circumstances where they had no control over that delivery process once the food left their restaurant.

Uber Eats’ contract terms give it the right to refund consumers and deduct that amount from the restaurant even when the problem with the meal may not have been the fault of the restaurant.