In short, none. The inclusion of unfair contract terms in an agreement does not entail a penalty under the law. Indeed, Section 23 ACL simply allows the ACCC to challenge and set aside the injuring time limit in court. In short, this means that the ACCC cannot receive civil fines if a contract term is found to be unfair. Excellent contribution. I am launching a competitive service at www.UrbanCart.ca and I am wise of the wisdom of this contribution to ensure that we offer a fair and profitable service for both parties. The terms and conditions of this DSA govern all use of the software and services marketed by DELIVERECT, hereinafter referred to as “Service” or “Services”, including, but not limited to, the “Restaurant Butler”, “Digital Menu” or “Kitchen Display” applications and any additional DELIVERECT software available now and in the future, including any software, programs, documentation, tools and all updates (including standard software, service information, help content, troubleshooting, or maintenance). The terms of this DSA also govern the use of the DELIVERECT website www.deliverect.com, hereinafter referred to as the “Website”. DELIVERECT may also carry out installations and supply equipment and consumables mentioned or not mentioned on the website (with the website, hereinafter referred to as “product” or “products”). The terms of this DSA apply to all products. Uber`s terms described above from 1 to 4 contain all elements of unfair contract terms. For example, consider the terms two and three; Here, Uber has essentially put on the restaurant all the risks related to the delivery standard. Despite the fact that these companies have no control over the delivery time, the payment of delivery drivers or their workload.
This is a classic example of how a “take it or leave it” contract created a significant imbalance in the relationship between Uber and the restaurant. Uber would take little or no risk under the contract and restaurateurs would be responsible for service issues beyond their control under the deal. . . .