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Struggling to make sense of Dodo’s liability clauses

Regular readers will know that T&C clauses that (supposedly) limit CSP liability are very important.  If you don’t get them right, you can be exposed to unnecessary legal risk.

Worse, you may commit a criminal offence under the Trade Practices Act – of misrepresenting peoples’ legal rights.

Dodo’s most recent brush with the law caused us to take a look at its ‘liability limitation’ clause.  All we can say is ‘Wow !’  What planet’s legal system generated this weird stuff ?

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CSPs fail simple compliance test

It’s surprising how many service providers trip up on basic compliance requirements.  We surveyed 36 Aussie CSPs against a simple benchmark.  21 of them failed.

The smaller the company, the more likely it was to get the requirement wrong.  But Adam Internet, Crazy John’s and Soul Mobile all got it wrong, too.

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Online trader Best Buy Australia gets trade practices law wrong

Best Buy Australia Pty Ltd caught our attention when it was fined by ACMA for spamming.  So we took a look at their T&Cs, just out of interest.

Perhaps unsurprisingly, they get the law seriously wrong when it comes to implied warranties and liability.

Here’s what BBA got wrong, and how to avoid the same mistake.

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It’s all about the main message, stoopid

Time and again ISPs and telcos pump out advertisements that upset the ACCC and other regulators.  Time and again the advertisers are astonished that anyone could be unhappy about their adverts.

It’s time the industry learned about the ‘main message’ rule.

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Seems nobody at 3 has a grandma

A wise journo once advised me to write as if my dear old grandma was the audience.  Judging by 3′s latest effort at explaining a wireless broadband offer, it seems nobody has explained the virtues of clarity to them.

When a monthly $39 plan could easily cost you a couple of thousand bucks, marketing and legal need to work hard to design a clear explanation.

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Talk about tangled up ! Sorry, Voda. Your prepay contract terms don’t work.

A thread on Whirlpool about early termination fees under Vodafone mobile prepays led us into the maze of Voda’s complex contract terms.  And guess what ?  They don’t say what Voda thinks they say.

It’s a great lesson to telcos and their lawyers … Super-complex contracts don’t only confuse your customers.

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iiNet gets its CSG waiver wrong

Even though a customer has pointed out a clear defect in iiNet’s form of CSG waiver, the company hasn’t realised its waiver is probably invalid.

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