Hidden fees in Terms & Conditions Legal?

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VanHouse

Active Member
1 March 2020
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If a company debits me for conditional fees that were only mentioned in the Terms & Conditions, which I have clicked "accept" on just to sign up an account, does it legally bypass fair labeling laws?

I was given no other indication whatsoever of these fees throughout the interaction.

Would really appreciate quotations of relevant laws and/or precedents.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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" Would really appreciate quotations of relevant laws and/or precedents. "

Are you asking for yourself in respect to a real life situation? Or, are is this part of a question you're being asked to answer for someone else (such as being a part of some sort of educational assessment)?
 

VanHouse

Active Member
1 March 2020
6
0
31
For myself in respect to a real life situation. I opened a dispute with QOFT against a company that did this to me, and their response was that it was technically not illegal because it was in the 'terms and conditions' which I have agreed to when signing up, which included vague stuff like agreeing to pay whatever fees they charge in an agreement that they can change at any time at their discretion.

Reading further down I saw that they will even charge further fees if you initiate a chargeback against them.
 
Last edited:

Rob Legat - SBPL

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Just because something is written into the terms and conditions doesn't necessarily make it enforceable. Under the 'Australian Consumer Law', which forms part of the Competition and Consumer Act (for which the regulator is the ACCC), there is a prohibition against unfair terms in standard form contracts. What you're describing sounds like it could fit in that area. I suggest you read through this page and associated links: Unfair contract terms
 

Tim W

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28 April 2014
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Is the company in Australia, or elsewhere?