Irrespective of the contractual arrangements between the parties, the misleading and deceptive conduct provisions of the TPA and/or equivalent Fair Trading legislation may well apply, provided a sufficient jurisdictional nexus is established in relation to the relevant conduct. However this is on a particular problems arose by eBuy and Mr. John Online auction transactions. In the case of a eBuy auction company has control over the goods that are being auctioned. In this case of auction, the buyers Mr. Paul paid $ 1500 the eBuy company for the goods Television.
Misleading and deceptive conduct will extend to the layout of the site itself. In this regard factors such as the size, type and colour of the font, the prominence and location of hyperlinks, visibility and location of key terms and conditions, whether any distracting graphics or technology are used as well as other relevant circumstances, may be relevant to whether the Internet based conduct is misleading or deceptive. In this case, terms and conditions of the eBuy Company was not clear and the size was big so that customers clicking "I Accept" Button without reading and understanding the terms and conditions. And Mr. John was clicking "I Accept" Button without reading and understanding the terms and conditions.
Mr. John's claim would depend, essentially, on whether he could establish that he was led to believe that the auction site eBuy, through terms and conditions or through representations on the website, misled him as to the characteristics and security of the auction process. This issue was considered in the case of Evagora v eBay Australia & New Zealand Pty Limited  VCAT 49, although, being a Tribunal decision, its precedent value is limited. In that case, Evagora successfully bid for a computer in an eBay hosted auction, which was paid for but never arrived. The seller of the computer was based overseas. Evagora claimed for his loss against eBay, arguing that he did not read eBay's user agreement, and that eBay represented that the auction site was safe, which overrode the terms of the user agreement. eBay was held liable by the Tribunal for the loss suffered by Evagora.
It is important that the terms and conditions on which a consumer participates in Online auctions website are clear, accurate, and accessible to avoid potential claims under sections 52 and 53. It is also important not to reduce or nullify the effectiveness of any terms and conditions by contrary or inconsistent representations or impressions given to users via the actual content of the website.
Harry's Burger Farm collects personal details from Paul. Two years later Paul is upset when his health insurer charges a higher health insurance premium because he is deemed a 'high risk' heart attach candidate. Another insurer refuses to insure his car, citing high clash statistics for owners of mobile phones. According to the PPP 1.1, An organisation must not collect personal information unless