ÌÇÐÄÔ­´´

The Australian Competition and Consumer Commission (ÌÇÐÄÔ­´´) has accepted a court enforceable undertaking from Aidacare Pty Ltd (Aidacare) in relation to unfair contract terms and false or misleading representations about consumers’ rights to remedies for faulty products that were likely to contravene sections 23 and 29(1)(m) of the Australian Consumer Law (ACL).

Aidacare is a provider of healthcare equipment and services and is a registered provider under the National Disability Insurance Scheme (NDIS).

The ÌÇÐÄÔ­´´ identified that certain terms of Aidacare’s Terms and Conditions were unfair and that Aidacare likely made false or misleading representations to a small number of consumers that they were not entitled to a remedy for products that had not met their consumer guarantees.

To address the ÌÇÐÄÔ­´´â€™s concerns, Aidacare provided the ÌÇÐÄÔ­´´ with a section 87B Undertaking in which it admits that its conduct likely contravened sections 23 and 29(1)(m) of the ACL and that its internal training for staff and consumer complaints handling processes were inadequate in respect of its obligations under the ACL.

In the section 87B undertaking, Aidacare agrees that it will:

• remediate affected consumers (with a full or partial refund) who reported faulty or non-conforming products between 1 January 2022 to 21 May 2025;
• publish a corrective notice on its website informing consumers about the Undertaking;
• enter into a Level 3 compliance program;
• provide interim solutions to consumers where extended delays are expected or experienced when assessing faulty or defective goods; and
• cease the conduct, including by:
  • not entering into standard form contracts with consumers that contain any of the contract terms of concern (or similar terms);
  • not applying or relying on any of the terms of concern; and
  • not making the misleading statements about consumer rights under the ACL.