WORKPLACE SERVICES JOANNA PSAROS Hunter Workplace Advisor YOUR CLIENT’S RIGHT TO REVIEW YOUR BUSINESS Any standard form contract terms that prevent or limit a customer from making public comments about goods or services are likely to be unfair under Australian Consumer Law. With the rise of social media Can you include terms in your contacta ‘non-disparagement’ clause, is unfair at and product review websites,to prevent a client from making publiclaw, and would be unenforceable. many businesses might be the comments? The ACCC warns that any business subject of online commentsThe Australian Competition and Consumerthat tries to add clauses to their contracts and reviews, both good and bad. It isCommission (ACCC) has found in someto prevent or control a customer’s ability something businesses have to contend withrecent cases that the inclusion of a contractto review the goods and services of that and manage in the course of their businessterm in standard building contracts that triesbusiness will attract ACCCC attention. separations. to stop customers from making a publicIt is important to note that the standard comment about goods and services onHIA building contracts do not include product review websites, sometimes calledclauses of this nature. S026 23111 BUILDING NEWS ISSUE 5/2018 P11