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. Show
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. 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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. 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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.
What the ACCC does What the ACCC can't do 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 truthfulAny information or claim that a business provides about its products or services must be accurate, truthful and based on reasonable grounds. This includes:
This rule applies to any communication by a business, including through:
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 misleadingIn 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 claimsPrice 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:
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:
Find out more about misleading prices and price displays. Fine print and qualificationsMany advertisements include some information in fine print. This information must not conflict with the overall message of the advertisement.
Comparative advertisingSome advertisements may compare products or services to others on the market. Comparisons may be about any factors including:
Comparative advertising can be misleading if:
Bait advertisingBait advertising is the practice of promoting prices, often ‘sale’ prices, on products that are:
It is not misleading if the business is upfront and clear about the product being:
Country or place of originIt 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 claimsA business must be able to prove a claim of a product having a particular quality or benefit. Premium claims may suggest a product:
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 doBusinesses shouldn’t:
Don’t make false claims about:
What a business should doBusinesses should:
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. Penalties for false or misleading claimsThere can be penalties for businesses that mislead consumers. Find out more about the penalties that may apply. Online product and service reviews Social media promotion Unfair business practices Country of origin claims
If you see a false or misleading claim, the first step is to contact the business to explain the problem. If the business doesn’t resolve the problem, there are more steps you can take. Get help contacting a business or taking a problem further Report false or misleading claims to the ACCCAnyone can make a report to the ACCC about a false or misleading claim. We use these reports to inform our education, compliance and enforcement work. Make a report to the ACCC |