Thanks. Great answer. I didn't think of the ACCC argument but stressed the common law negligence argument. 

However as with many Managers, the more I did, the more the Manager I spoke to last kept on repeating "it has to comply with our terms and conditions", as if they had suddenly become deaf! 

I don't know why CSOs suddenly choose to ignore rational arguments. They think that Ts & Cs are the only thing that requre obedience and seem to have an off switch when it comes to entertaining any legal arguments. I don't know whether it's culture or lack of training but it's very unprofessional. 

Thanks again. I have worked for an Ombudsman and I think that the incentive to avoid matters being referred seems to provoke a response. Perhaps organisations relate best to the amount of money associated with having a matter referred to an Ombudsman scheme. Their customers would be happier if they acquainted themselves with the law and at the very least were prepared to listen to and acknowledge a customer's position.