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Old 19 Jan 2017, 05:40 AM   #36
gardenweed
Essential Contributor
 
Join Date: Jun 2008
Location: Perth
Posts: 483
Quote:
Originally Posted by BritTim View Post
Bill, as I mentioned before, what is most important legally is the terms and conditions at the time the Member accounts were purchased. You cannot unilaterally change the agreement by subsequently putting up a webpage....
I think under Australian consumer law that if the TOC's change,and the old TOC's are not being grandfathered, and the customer is materially negatively affected by the change, then the supplier is obligated to offer the customer the option to exit at no cost to the customer, or accept the new terms.
This happens very regularly on phone and internet plans.

With regard to lifetime guarantees, I think this comes under the terms of an Express guarantee, and if it cannot be met within the terms of the contract, then a refund is normally the remedy.

(I am not a lawyer and the above might be wrong. This is not legal advice. I try to keep abreast of consumer law that applies to me.)
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