Fair Conduct Relevant to eMarketing and Electronic Commerce

Transacting Online

In addition to the general requirements of the Code, members engaged in electronic commerce should provide sufficient information about the terms, conditions and costs associated with the electronic transaction to enable consumers to make an informed decision about whether to enter into the transaction.

Where, in the process of transacting online, members collect personal information from or relating to an individual, members must ensure compliance with the Code.

Such information should be clear, accurate, easily accessible and provided in a manner that gives consumers an adequate opportunity for review before entering into the transaction.

Where more than one language is available to conduct a transaction, members should make available in those same languages all information necessary for consumers to make an informed decision about the transaction.

Members should provide consumers with a clear and full text of the relevant terms and conditions of the transaction in a manner that makes it possible for consumers to access and maintain an adequate record of such information.

Where applicable and appropriate given the transaction, such information should include the following:

• An itemisation of total costs collected and/or imposed by the business
• Notice of the existence of routinely applicable costs to the consumer that are not collected and/or imposed by the business
• Terms of delivery or performance
• Terms, conditions and methods of payment
• Restrictions, limitations or conditions of purchase, such as parental/guardian approval requirements, geographic or time restrictions
• Instructions for proper use including safety and health care warnings
• Information relating to available after-sales service
• Details of conditions related to withdrawal, termination, return, exchange, cancellation and/or refund policy information
• Available warranties and guarantees

All information that refers to costs should indicate the applicable currency.

When transacting cross-border, members should be aware of, and where appropriate take account of, the national laws and Codes of Practice of the country in which the recipient is domiciled.

Confirmation Process

To avoid ambiguity concerning the consumer’s intent to make a purchase, the consumer should be able, before concluding the purchase:

• To identify precisely the goods or services he or she wishes to purchase;
• Identify and correct any errors or modify the order;
• Express an informed and deliberate consent to the purchase; and
• Retain a complete and accurate record of the transaction.

The consumer should be able to cancel the transaction before concluding the purchase.

Payment

Consumers should be provided with easy-to-use, secure payment mechanisms and information on the level of security such mechanisms afford.

Members should take steps to limit liability for unauthorised or fraudulent use of payment systems.

Dispute Resolution and Redress

a. Applicable law and jurisdiction

Business-to-consumer cross-border transactions, whether carried out electronically or otherwise, are subject to the existing framework on applicable law and jurisdiction.

b. Alternative dispute resolution and redress

Consumers should be provided meaningful access to fair and timely alternative dispute resolution and redress without undue cost or burden.

Australian eMarketing Code of Practice and the Spam Act

ADMA members who:

• Use email as their sole or principle means of marketing, advertising or promoting their own goods and services; or
• under contract, agency or other arrangement provide services that assist other organisations in sending marketing, advertising or promotional emails

must comply also with the Australian eMarketing Code of Practice.

Members that are not covered by the above must comply with the Spam Act 2003 when sending marketing, advertising or promotional emails.