Digital Marketing Solutions Pty Ltd trading as Android-Enjoyed and CameraSky

Name of corporation

Digital Marketing Solutions Pty Ltd, trading as, Android-Enjoyed and CameraSky

Trading address

Box Hill, Victoria 3128

Nature of Offence or Unfair Conduct

Misleading, deceptive and unlawful conduct

Summary of Undertakings given in the Deed

  1. Agree that within 21 days of the Undertaking, Digital Marketing will, at its own expense: a. Review the websites to ensure that the following information is accessible by consumers:

    i. the full name of Digital Marketing, it’s company number, registered address, contact telephone numbers, address for the receipt of correspondence, including email address

    ii. statement that details the country of origin from which the goods are usually supplied by Digital Marketing
  2. Agree that within 21 days of this Undertaking, Digital Marketing will notify NSW Fair Trading in writing of the name of current authorised representative in Australia, including but not limited to the representative’s full name, date of birth, principal place of residence, contact telephone numbers, email address.
  3. Agree that within 60 days of this undertaking, develop a Compliance Policy which is communicated in writing to all employees or other persons involved in the business which contains the following:

    a. Statement of commitment to comply with the ACL

    b. Statement of commitment to dealing with consumer complaints in accordance with standards AS ISO 10002-2014 “Quality Management Customer Satisfaction Guidelines for Complaint Handling in Organisations” (the Complaint Management Program)

    c. Statement of commitment to ensuring consumer satisfaction in relation to supply of goods that meet consumer guarantees as set out in Division 1, Subdivision A of Part 3-2 of the ACL

    d. Statement of commitment to refunding any payment made by a consumer for the supply of goods where for any reason, those goods do not meet consumer guarantees as set out in Division 1, Subdivision A of Part 3-2 of the ACL
  4. Agree that within 60 days of this Undertaking, develop or otherwise arrange for the development of a training program that sets out the responsibilities of suppliers under the ACL and that such program:

    a. will be delivered to all employees within a period of 3 months from the date of this Undertaking; and

    b. will be delivered to all staff at regular intervals of not less than 12 months.
  5. Agree that within 90 days of this Undertaking, develop and implement a Complaint Management Program consistent with the Complaint Management Program
  6. Agree that within 90 days of this Undertaking, develop and prominently publish on their websites through which Digital Marketing now or in future, advertises, markets and offers for supply goods to consumers, a Complaint and Refund Policy and procedure to deal with consumer complaints and requests for refunds in relation to the services supplied to consumers by Digital Marketing that fully complies with the ACL (the Refund Policy and Procedure)
  7. Agree that within 90 days of this undertaking will:

    a. Review the Terms and Conditions under which it operates to compliance with the requirements of the ACL

    b. Review all promotional material, sales scripts and business practices and procedures to ensure compliance with the requirements of the ACL.
  8. Agree that within 90 days of this undertaking, prominently publish on their websites or any other websites through which Digital Marketing now or in future, advertises, markets and offers for supply goods to consumers, Terms and Conditions that fully comply with the ACL under which the goods supplied.
  9. Agree that within 21 days of this undertaking, will take action in accordance with any orders made by the NSW Civil and Administrative Tribunal including refunding the cost of those goods or repairing or replacing those goods supplied to consumers.

Please note subsequent action taken at Supreme Court link to decision of 4 April 2019.

Date of Execution of Undertaking

16 January 2017

Expiry of Duration of Undertaking

2 years from commencement date: 16 January 2019