19 Replies Latest reply on Oct 18, 2016 2:01 PM by DNJphoto

    Adobe claims I have cancelled my contract but I did not cancel the contract..

    DNJphoto

      Hi there,

       

      Not sure where to go but here is the issue. About 24 hours ago I received an email stating that my membership / contract with Adobe has ceased. As such I contacted Adobe to further investigate the allegation as put in writing by Adobe that I have cancelled my membership / contract.

       

      Upon speaking with the support representative, they have stated that I have cancelled the membership / contract.

       

       

      I have made it very clear that I disagree with this allegation from Adobe. Therefore as Adobe is making this allegation and I have disrupted this claim, the onus of proof lies with Adobe. ( The company making a claim.)

       

      However Adobe refuse to provide evidence that I have canceled my membership / contract unless I sign a new membership / contract with Adobe.

       

      Upon being informed of this unfair term. (That I must sign a new membership / contract) I have made the support representative explicitly aware of the follow under the Competition and Consumer Act 2010:-

       

       

      23   Unfair terms of consumer contracts

                   (1)  A term of a consumer contract is void if:

                           (a)  the term is unfair; and

                           (b)  the contract is a standard form contract.

                   (2)  The contract continues to bind the parties if it is capable of operating without the unfair term.

                   (3)  A consumer contract is a contract for:

                           (a)  a supply of goods or services; or

                           (b)  a sale or grant of an interest in land;

      to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption.

      24   Meaning of unfair

                   (1)  A term of a consumer contract is unfair if:

                           (a)  it would cause a significant imbalance in the parties' rights and obligations arising under the contract; and

                           (b)  it is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term; and
                        (c)  it would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.

       


      This then result in being pressured in providing a copy of the email whereby Adobe has alleged my membership / contract is void.  Whereby I brought the following section under the Competition and Consumer Act 2010 to the representatives attention.

       

       

      25   Examples of unfair terms

                   (1)   Without limiting section 24, the following are examples of the kinds of terms of a consumer contract that may be unfair:

                           (a)  a term that permits, or has the effect of permitting, one party (but not another party) to avoid or limit performance of the contract;

                           (b)  a term that permits, or has the effect of permitting, one party (but not another party) to terminate the contract;

                           (c)  a term that penalises, or has the effect of penalising, one party (but not another party) for a breach or termination of the contract;

                           (d)  a term that permits, or has the effect of permitting, one party (but not another party) to vary the terms of the contract;

                           (e)  a term that permits, or has the effect of permitting, one party (but not another party) to renew or not renew the contract;

                            (f)  a term that permits, or has the effect of permitting, one party to vary the upfront price payable under the contract without the right of another party to terminate the contract;

                           (g)  a term that permits, or has the effect of permitting, one party unilaterally to vary the characteristics of the goods or services to be supplied, or the interest in land to be sold or granted, under the contract;

                           (h)  a term that permits, or has the effect of permitting, one party unilaterally to determine whether the contract has been breached or to interpret its meaning;

                              a term that limits, or has the effect of limiting, one party's vicarious liability for its agents;

                            (j)  a term that permits, or has the effect of permitting, one party to assign the contract to the detriment of another party without that other party's consent;

                           (k)  a term that limits, or has the effect of limiting, one party's right to sue another party;

                            (l)  a term that limits, or has the effect of limiting, the evidence one party can adduce in proceedings relating to the contract;

                         (m)  a term that imposes, or has the effect of imposing, the evidential burden on one party in proceedings relating to the contract;

       

       

       

       

      This is where the matter has been brought to a close.

       

       

       

      I have to ask, why is Adobe so difficult to deal with?

       

       

       

      It's simple, you allege I have done something, provide the evidence that substantiates the claim. Just do not go and say to consumers that they have cancelled their membership / contract as a way of forcing them omg a new one. That is quite clearly unethical and deceptive business practice that contravenes Australian Consumer law.