helen owns a business which supplies office stationary to australia wi

Helen owns a business which supplies office stationary to Australia wide accounting firms. She uses a software which enables a client firms letterhead to be inserted on blank letters according to the clients specification. Helen is looking for an effective software that will not only insert the letterhead but produce a letter to accompany the supply of letters with letterhead to the clients. She visits Resolutions Revolution website and is pleased to see that this company offers the kind of software she wants. She decides to buy the software and completes the websites order form at the bottom of which it reads, in large capital letters , were the words:
Important. Read the following terms and conditions before submitting your order. Submission of an order indicates you accept them. If you do not agree exit now.
Clause 6 of the terms and conditions reads:
Resolutions Revolution is not responsible for any loss, damage or injury caused through use of its products irrespective of how that loss, damage or injury occurs.
Helen does not read the terms and clicks the Agree and Submit button below them (instead of the Disagree and Exit button) to submit the order and download the software.
On the first day of using the new software Helen receives a message from the managing partner of a major client, a large accounting firm, saying that the supply of letters received from Helen included the letterhead of another accounting firm. A hundred letters had been inadvertently sent to clients before realizing they had the letterhead of their competitor. The managing partner tells Helen that he will not pay for Helens order and is now going to use another office supply company.
Plaintiff ( 2 students): Helen wants to sue Resolution Revolution. Is her action likely to succeed under either common law or statute?
Defendant ( 2 students): Advise Resolution Revolution whether Helen is likely to succeed in her action.

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