DJI Activities breach Australian Consumer law

[flyboy]

Mainly for Mavic owners in Australia.
Hi all Australian drone owners, I have made a formal complaint to the Australian Consumer affairs about DJI changing the terms and conditions in relation to the Mavic.
Mine refused to allow any access unless I signed in and accepted the new terms as of today.
It would be helpful if as many as possible took a similar action.

An extract of part of my complaint is ..

I have bought a DJI branded Mavic Pro Flying Camera plus accessories for $A 2200 The device came with software and hardware and required an app to be downloaded from the internet. The device performed as expected up until today when as a result of input from the manufacturer the device has been rendered inoperative unless I agree to a new set of terms and conditions. I do not agree to the new terms and conditions which would severely limit the usefulness of the device by removing part of its inherent functions available at time of purchase. I maintain that the device is no longer fit for purpose and at the moment is actually inoperative. There are many of these devices in Australia. The device was bought in Australia from an Australian company, Cxxxxxxxxx whom I believe are not involved in any way in the changes to the product
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By the way I have not updated for some time so I am not running any recent versions of the software.

 

[GavLin89]

Hi, I also live in Australia and have just purchased a Mavic. Could you provide more information about the changes to the terms and conditions and what specifically has rendered your drone inoperative, or what part of terms you dont agree with.

Thank you

 

[mark_t]

You are going to have to be a lot clearer about what exactly you think has changed and what has been 'removed'...

Also, you were warned in advance about this change and you still voluntarily downloaded the new app...

By the way I have not updated for some time so I am not running any recent versions of the software.

This isn't possible, the changes only came in with the new app, sounds like you may have left auto-updates enabled on your device...

 

[SeaComms]

Yeah I hate to say it but downloading of the 'new' app was (currently) entirely optional.

 

[Bada Bing]

I bought it 2 weeks ago and just updated. What has changed ?
Cheers

 

[mark_t]

I bought it 2 weeks ago and just updated. What has changed ?
Cheers

To be honest, nothing has changed, which is why a more detailed explanation would be good.

You are required to log in to your account once and after that you have exactly the same functionality as you had before...

 

[Bada Bing]

Thanks Mark .... definately watching this thread ....

 

[bakerboy]

Haven't had to sign in again and I've been flying every third or forth day since everyone lost their mind about the update haha

 

[Cut.Aussie]

Sorry but this is a waste of tax payers money

 

[Robert Mitchell]

Watching...

 

[CodeCutter]

I update, re logged in to DJI and all functions as before. What is not working?

 

[voongnz]

Yep i updated too and it functions as before as well. Infact i got a couple more functions/features from the update.

 

[quick_dry]

Interesting, though I think the app change might invalidate this, or they'd say that your recourse is a refund from wherever you bought it from. I had no issue buying direct from 3DR in the states, but knowing how shady DJI can get I bought Mavic from an Aussie retailer who couldn't just say "sorry, too bad" on a warranty claim (or similar).

thats why I don't autoupdate apps on Apple things, even if you don't agree to the new TOS you're SOL because you frequently can't go back.

 

[Rocky2010]

Yep i updated too and it functions as before as well. Infact i got a couple more functions/features from the update.

What other functions and features do yo have now since the update?

 

[voongnz]

What other functions and features do yo have now since the update?

Some new filters and opening scenes and music in the editor, and a feature that allows nfz's to update in real time. Especially helpful if there is a tfr that you are unaware of, essentially a NOTAM.

 

[dwallersv]

You are wasting your time.

Australian law is the same on this as US law.

You agreed to these changes, voluntarily, as part of the firmware update process. So, under Australian contract law, DJI has done nothing you have any basis for a tort.

Less familiar with the patchwork of tort law in the EU, but I strongly suspect the situation is essentially the same.

You do not have to update your firmware, nor has DJI ever forced us to. I'm still on .400, do not have any of these new limitations, and I am not willing to accept the new terms in the T&C for firmware .800, so I'm not upgrading to it.

That's how "the law" works w.r.t. this sort of issue, pretty much everywhere in western democracies.

 

[bakerboy]

Some new filters and opening scenes and music in the editor, and a feature that allows nfz's to update in real time. Especially helpful if there is a tfr that you are unaware of, essentially a NOTAM.

Easy there, DJI NFZs are nothing like the casa restrictions, we have bugger all geofencing compared to the US and their tfr are not essentially notams

Filters and updates to the inbuilt editor are hardly worth the upgrade IMO

 

[quick_dry]

and a feature that allows nfz's to update in real time. Especially helpful if there is a tfr that you are unaware of, essentially a NOTAM.

I'd consider it more of a bug than a feature if an NFZ can suddenly pop into existence right where the drone is, giving it no choice but to land.

 

[ecoleman]

Exactly what functions were removed?


I'll tell you...NONE