Oh and just want to add that courts do expect the consumer to do their 'due diligence'- so it's not going to be favourable if you go in having agreed to an unreasonable term knowing it was unreasonable and planning to ignore it, or even worse not read the terms of service at all. Agreeing to a TOS hoping you can weasel out of it later is a really shitty thing to do as a buyer. So signing a TOS you plan to challenge later wont win you favours with a judge- and can land you with a judgement that you breach- but if the term you challenge is determined as unreasonable/unfair it will protect you from a judgement against you.(just don't expect to be awarded costs if you went into it knowing it was bad business!)