(1) A supplier shall not —
(a) offer to supply, supply, or enter into a consumer agreement to supply any goods or service at a price or on terms that are unfair or unjust; or
(b) market any goods or service, or negotiate, enter into or administer a consumer agreement for the supply of any goods or service, in a manner that is unfair or unjust, having regard to —
(i) the fair value of the goods or service,
(ii) the circumstances of the consumer agreement,
(iii) the parties to that consumer agreement,
(iv) the relationship of the parties to each other, and
(v) the relative capacity, education, experience, sophistication and bargaining position of the parties.
(2) For the purposes of this section, a consumer agreement is unfair or unjust if —
(a) the consumer agreement is excessively one-sided in favour of any person other than the consumer or other person to whom goods or service is to be supplied;
(b) the terms of the consumer agreement are so adverse to the consumer as to be inequitable; or
(c) the consumer relied upon a false, misleading or deceptive representation, or statement of opinion, provided by or on behalf of the supplier, to the detriment of the consumer.
(3) An unfair or unjust transaction is unenforceable against a consumer.