Came to say this. Here in the AU you cannot exclude certain things, this being one of them. They can write it all they like into the TOS, but cannot be enforced. There are many examples, but basically no TOS/Warranty/T&C can exclude or explicitly deny any rights you have or laws that protect you.
Similar to warranty here. Many companies like to put “limited liability” and 30 day warranty. But in AU, the warranty has to fall within our laws. (for example Samsung saying warranty on a $5000 TV is 2 years. Well in AU if the tv is that expensive, you have the right to claim warranty on manufacturing failure for at least 5 years.) Many items we buy here, have an “Australia only warranty amendment page” stuffed in the box!
Came to say this. Here in the AU you cannot exclude certain things, this being one of them. They can write it all they like into the TOS, but cannot be enforced. There are many examples, but basically no TOS/Warranty/T&C can exclude or explicitly deny any rights you have or laws that protect you.
Similar to warranty here. Many companies like to put “limited liability” and 30 day warranty. But in AU, the warranty has to fall within our laws. (for example Samsung saying warranty on a $5000 TV is 2 years. Well in AU if the tv is that expensive, you have the right to claim warranty on manufacturing failure for at least 5 years.) Many items we buy here, have an “Australia only warranty amendment page” stuffed in the box!