Which of the following statements concerning mail based collection systems is true

Authorized User means (i) You (if You are an individual) and (ii) identified individuals (such as Your individual employees, consultants and contractors and other individuals accessing and using an Offering) for whom You have acquired a subscription to an Offering. If an Offering allows You to designate Authorized Users for such Offering, You will be responsible for providing notice to, and obtaining agreement from, any such Authorized Users regarding the application of these Terms to their access to and use of such Offering prior to their access and use.

Índice Show

Information must be accurate and truthful
Silence can be misleading
Wildly exaggerated claims (puffery) can be misleading
Price claims
Fine print and qualifications
Comparative advertising
Bait advertising
Country or place of origin
Premium or benefit claims
What a business shouldn’t do
What a business should do
Penalties for false or misleading claims
Report false or misleading claims to the ACCC

Autodesk means Autodesk, Inc., a Delaware (United States) corporation, together with its subsidiaries and other affiliates.

Autodesk Party means the particular Autodesk entity identified in the section entitled “Autodesk Party, Governing Law, and Dispute Resolution” (Section 21.4).

Benefits means any benefits made available to You or Your Authorized Users by Autodesk. Benefits are typically based on the level or type of Offering for which You subscribe. Benefits may include access to Updates and Upgrades, rights to previous versions, additional Software or Web Services, Trial Versions, APIs, Global Use Rights, Global Travel Rights, technical support, training, webinars, forums, events, galleries, newsletters and usage data. Benefits may also include account benefits such as single sign-on and management of Your profile, security settings, linked accounts and preferences.

Confidential Information means information not generally known to the public that is (i) made available or disclosed by a Disclosing Party to a Receiving Party in writing and (ii) designated by the Disclosing Party in writing as Confidential. Autodesk Confidential Information also includes the non-public aspects of (i) any Offering and any related product plans, technology and other technical information and (ii) business negotiations. Nonetheless, Confidential Information does not include (a) any information that (1) becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (2) was known to the Receiving Party before receipt from the Disclosing Party without breach of any obligation (and without a duty of confidentiality) owed to the Disclosing Party; (3) is received from a third party without breach of any obligation (and without a duty of confidentiality) owed to the Disclosing Party; or (4) was independently developed by the Receiving Party; (b) any of Your Content that You send to, or allow to be accessed by, a third party through an Offering; or (c) any Feedback.

Customer Information Form means a form completed by or on behalf of You and submitted to Autodesk (or to a reseller), directly or indirectly, in connection with Your account, a subscription or other Offering.

Documentation means any end-user documentation (including online, printed or other documentation) and any technical or legal requirements for an Offering.

Electronic Devices mean (i) computers (whether desktop, laptop or tablet); (ii) virtual machines not accessed through a network connection; and (iii) mobile devices.

Governmental Entity means any nation or government, including the United States federal government, any state, municipality or other political subdivision thereof, and any entity, body, agency, commission, department, board, bureau or court, whether exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, and any employee or official thereof.

License Type means the license type specified by Autodesk for a subscription (for example, single-user or multi-user). License Types are set forth on Subscription Types.

Metrics means data and other information regarding access to and use of any Offerings (including Your access and use). Metrics includes information regarding usage of features, functions, storage and indexes and information regarding usage, volume, type, storage and processing of Your Content (but not Your Content itself). If Metrics includes any personal information, treatment of such personal information will be pursuant to the Privacy Statement.

Offerings means Software, Web Services and other Benefits provided by Autodesk and any subscriptions for such items. Offerings includes free and other Trial Versions of Software, Web Services and other Benefits.

Offering Identification means one or more designations by Autodesk that set forth (as applicable) the name of an Offering, the License Type or Web Services Type, and the permitted number, Territory and length of Your subscription. The Offering Identification may be (i) provided in a written confirmation or other notice issued to You by Autodesk, posted to Your account, transmitted via email, physically delivered or otherwise made available to You; (ii) located in the Software or on or with any Autodesk packaging if the Software is delivered to You; or (iii) obtained from Autodesk on request. Offering Identification does not include any designation, confirmation, packaging or other document provided by a reseller or other third party.

Output means all results, work product, designs, prototypes or other items created or generated by or through any use of any Offering, including any products, parts or services based on or using such results, work product, designs, prototypes or other items.

Software means any software or similar materials, including any modules, components, features and functions, made available by Autodesk, whether or not provided as part of a subscription and whether or not provided for a fee. Software includes Updates and Upgrades.

Terms (including “these Terms”) means these General Terms and the other terms referenced in these General Terms, including the Special Terms, Autodesk Privacy Statement and Additional Agreement (if any), together with any other applicable terms.

Territory means the country or jurisdiction where You acquired Your subscription. Autodesk may indicate the applicable Territory in an Offering Identification. For additional information regarding the definition of Territory see the “Country/Jurisdiction-Specific Terms” section (Section 23). You and Your Authorized Users may be permitted to access and use Your subscriptions outside of the Territory pursuant to certain Subscription Benefits, see Subscription Benefits.

Trial Versions will have the meaning set forth in the "Trial Version" section (Section 12).

Updates means security fixes, hot fixes, patches and other updates (including new features, new functions and other modifications released between Upgrades), if and when made available to You by Autodesk and determined by Autodesk to constitute an update.

Upgrades means new versions of Offerings, or add-ons to or additional products associated with Offerings, if and when made available to You by Autodesk and determined by Autodesk to constitute an upgrade.

Web Service means a web- or cloud-based service made available by Autodesk, whether or not provided as part of a subscription and whether or not provided for a fee.

Web Services Type means the Web Services type specified by Autodesk for a subscription (for example, number of cloud credits). Web Services Types are set forth on Subscription Types.

Your Content means (i) any files, designs, models, data sets, images, documents or similar material submitted or uploaded to any Offering by You or Your Authorized Users and (ii) Your specific output generated from the use of any Offering based on Your own raw data or information.

Businesses shouldn't try to gain an unfair advantage by making misleading claims about their products or services.
Claims should be true, accurate and based on reasonable grounds.
A business must be able to prove any claim they advertise.

What the ACCC does

We provide general guidance to businesses and consumers on how consumer law operates, including avoiding false or misleading claims.
We accept reports from businesses and consumers about possible misleading or false claims. We use those reports to inform our education, compliance and enforcement work.
We can require businesses to back up claims they make about their products or services.
If a business misleads, we can investigate and may take some form of compliance or enforcement action. See our compliance and enforcement policy and priorities.

What the ACCC can't do

We don’t resolve individual disputes about misleading claims.
We don’t provide legal advice.

Businesses should be honest in their dealings. Businesses shouldn't try to gain an unfair advantage by making misleading claims about their products or services.

It makes no difference whether a business intends to mislead or not.

Information must be accurate and truthful

Any information or claim that a business provides about its products or services must be accurate, truthful and based on reasonable grounds.

This includes:

Information on prices
images and descriptions of what is offered
claims about the value, benefits, qualities or performance of products and services
shipping options and delivery times.

This rule applies to any communication by a business, including through:

advertising
product packaging
a quotation
any information provided by staff, whether verbally or in writing
social media
testimonials
websites or any other platform.

Any statement that creates a false impression about goods and services can be breaking the law.

In June 2022, Samsung Electronics Australia Pty Ltd was ordered by the Federal Court to pay $14 million in penalties for misleading water resistance claims about its mobile phones. Samsung admitted to the court that its ads misrepresented the water resistance of its phones.

Samsung published 9 ads online and in-store. The ads showed the use of various Samsung Galaxy phones in pools and sea water. One Samsung ad showed a person surfing alongside the statement: “Do everything you love this summer on the Galaxy A5. Whether its listening to your favourite song by the pool or capturing your Sunday surf session at the beach”.

Pool and sea water could, in fact, damage the phones by corroding the charging ports.

Read more in the ACCC media release about Samsung.

Silence can be misleading

In some circumstances, failure to disclose information can be misleading. This is particularly the case if a business provides some information to a consumer but doesn't mention important details the consumer should know that are relevant to their decision.

A buyer wants to purchase a car for a particular purpose and he tells this to the car dealer. The car dealer knows the car isn’t suitable for John's purpose, but doesn’t say this. The car dealer's silence can amount to misleading conduct.

Wildly exaggerated claims (puffery) can be misleading

‘Puffery’ refers to wildly exaggerated and vague claims about a product or service that no one could treat seriously. For example, a restaurant claims they have the ‘best steaks on earth’. These types of statements are generally not considered misleading.

Price claims

Price is an important factor in consumer decision making. Businesses should take extra care not to make misleading statements about price.

This may happen if products are:

offered 'free' but on closer examination 'conditions apply'
promoted at a ‘sale’ price which is not actually a temporary sale price, or
advertised or displayed at a particular price, but GST or other costs are not included in that price.

A business shouldn’t mislead customers about savings on products or services.

For example, a business may advertise a sale by using statements such as 'WAS $275 NOW $149'. This implies the buyer will save the difference between the higher and lower price.

The advertised savings may be misleading or deceptive if the product or service:

has never been sold at the higher price, or
was sold in a limited amount at the higher price immediately before the sale

Find out more about misleading prices and price displays.

Fine print and qualifications

Many advertisements include some information in fine print. This information must not conflict with the overall message of the advertisement.

An advertisement states that a product is 'free'. An extra payment is mentioned in the fine print. The advertisement is likely to be misleading.
An advertisement states that a discount promotion is ‘storewide’ or ‘X% off all products’. Excluded products or brands are mentioned in the fine print. This may also be misleading.

Comparative advertising

Some advertisements may compare products or services to others on the market. Comparisons may be about any factors including:

price
quality
range, or
volume.

Comparative advertising can be misleading if:

the comparison is inaccurate, or
it doesn’t compare products fairly.

Bait advertising

Bait advertising is the practice of promoting prices, often ‘sale’ prices, on products that are:

not available, or
available only in very limited quantities.

It is not misleading if the business is upfront and clear about the product being:

in short supply, or
on sale for a limited time.

Country or place of origin

It is illegal to make false or misleading claims about country or place of origin.

Find out more about country or place of origin claims.

Premium or benefit claims

A business must be able to prove a claim of a product having a particular quality or benefit.

Premium claims may suggest a product:

is safer, for example, ‘non-toxic’
offers a moral or social benefit, for example, ‘free-range eggs’
has a nutritional benefit, for example, ‘fat free’
is 'green' or environmental, for example, ‘100% recyclable’
is therapeutic, for example, ‘the fastest pain reliever’

A premium claim may also promote a product as being of a perceived quality. For example, ‘Swiss chocolate’ or ‘Belgian beer’.

Premium claims should be true, accurate and based on reasonable grounds.

Businesses can take steps to make sure they don't make a false or misleading claim.

What a business shouldn’t do

Businesses shouldn’t:

guess the facts
omit relevant information
make ambiguous or contradictory statements or use jargon that consumers wouldn’t be able to understand
make promises they can’t keep, or make predictions without solid evidence
offer goods or services knowing they can’t supply them
impersonate or pretend to be a different business or brand.

Don’t make false claims about:

the price of any products or services
the quality, style, model or history of a product or service
whether the goods are new
the sponsorship, performance characteristics, accessories, benefits or use of products and services
whether goods are in stock or when they may be supplied, including estimates about delivery timeframes
the availability of repair facilities or spare parts
the need for the goods or services
any exclusions on the goods and services
a consumer’s rights, warranties or remedies.

What a business should do

Businesses should:

give current and correct information
use easy to understand language
check that the overall general impression is accurate
back up claims with facts and evidence
note important limitations or exemptions
keep consumers updated if things change. For example, if the business will no longer be able to supply a product within the timeframe provided to the consumer.
correct any misunderstandings
be prepared to prove claims.

Businesses must also consider how any claims they make may impact on consumers experiencing vulnerability. For more information, download the guide Consumer vulnerability: A business guide to the Australian Consumer Law.