Unfair contract terms are clauses in websites standard form contracts (where one party sets the terms and the other party has little or no ability to negotiate).
Does this sound like your website terms? If so now is the time for a check-up. The main things to avoid are to ensure they do not:
- Cause a significant imbalance between the parties’ rights and obligations.
- Unfairly disadvantage the consumer or small business.
- necessary to protect the legitimate interests of the business.
For a term to be deemed “unfair,” it must meet the following criteria:
- Imbalance: The term causes a significant imbalance in the parties’ rights and obligations under the contract.
- Lack of transparency: The term is not written in a clear, understandable, and transparent manner.
- Consumer detriment: The term is likely to cause detriment (financial or otherwise) to the consumer or small business if enforced.
Contact our team at liveterms.com.au if you are ensure or seek further information at: Compliance and enforcement | ACCC