Understanding the contract is crucial. Always read mobile phone contracts thoroughly and don't sign anything unless you fully understand what you are getting for your money and your obligations in the contract. Be careful about ‘going guarantor' on a phone for someone under 18 years of age as you will be responsible for paying the bills if they can't pay.
Unfair contract terms
The Australian Consumer Law provides that unfair terms in consumer contracts are void. A ‘consumer contract' is a standard-form agreement for the supply of goods or services which is wholly or predominantly for personal, domestic or household use or consumption.
A term is ‘unfair' when it:
- causes a significant imbalance in the parties' rights and obligations arising under the contract; and
- is not reasonably necessary to protect the legitimate interests of the supplier; and
- causes financial or non-financial detriment to a party.
A court must have regard to the transparency of the term and the contract as a whole in determining whether a term is ‘unfair'.
For further information on unfair contract terms, see Contracts.
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
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If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
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