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In Australia it falls under "terms that enable one party (but not another) to vary the terms of the contract." and "terms that enable one party (but not another
by shakna 6y ago
In Australia it falls under "terms that enable one party (but not another) to vary the terms of the contract." and "terms that enable one party (but not another) to avoid or limit their obligations under the contract" which contravenes the Unfair Contract Terms regime under the Australian Consumer Law.
- nl 6y agoI'm in Australia, and this is categorically not true. This term doesn't allow Google to vary the contract. Instead it says if a court finds a specific term is unenforceable that doesn't invalidate the rest of the contract. Here's guidance from the Australian government clausebank, which is a shared resource for common contract clauses in Australia: "This clause provides that any illegal or otherwise unenforceable contract terms are removed from the Contract, with the remainder of the Contract remaining valid and enforceable between the parties.... While use of this clause is optional, it is common for contracts to include a clause of this type." https://www.finance.gov.au/government/procurement/clausebank/severability-invalid-clauses https://www.finance.gov.au/government/procurement/clausebank...