Category Archives: Mythbusters

Mythbuster: ‘Entire agreement’ clauses lock out misrepresentation claims

People are often confused about the effect of clauses that say ‘You acknowledge that we have made no other promises or representations to you.’ Often you see such clauses quoted in support of an argument that a claim for misrepresentation … Continue reading

Posted in ACCC, Australian Consumer Law, Competition and Consumer Act, Making sense of contracts, Mythbusters, Trade Practices Act | Tagged , , | Leave a comment

Mythbuster: Communications Alliance Codes aren’t ‘the law’

There’s a myth around that industry codes, formerly known as ACIF Codes but these days generated by the Communications Alliance, are merely voluntary.  They are not ‘the law’. This myth is based on a misunderstanding of the process behind codes … Continue reading

Posted in Mythbusters, Telecommunications Act, TIO | Tagged , , , | Leave a comment

Mythbuster: A CSP can’t cut service just because a payment is late

A surprising number of people, both service providers and consumers, believe that an overdue payment entitles a CSP to suspend or terminate service. For consumer and small business contracts, that simply isn’t true.  If there’s nothing more to it, the … Continue reading

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Mythbuster: A CSP can’t change its contract instantly

Many ISP and telco contracts contain a term to the effect that the service provider can change the contract at will.  It’s normally followed up by something like ‘so you must check this T&C page frequently.’ The truth:  In consumer … Continue reading

Posted in How not to do it, Mythbusters | Tagged , , , , , | Leave a comment