Apple Inc has promised to offer the buyers of its new iPad in Australia a refund,following the accusation of misleading adverts levied against the company.

Earlier, the Australian Competition and Consumer Commission, ACCC, sued Apple for advertising that “iPad with WiFi can with a SIM card, connect to a 4G mobile data network in Australia.”

Apple promoted its third-generation tablet as the iPad with Wifi+4G, but Australia has only one 4G network, operated by Telstra Corp, which operates on a different frequency to the 4G on Apple’s new iPad. Rival Optus, the Australian unit of Singapore Telecommunications Ltd, is due to launch a second 4G network in April but that will not be iPad-compatible either.

Apple Inc’s lawyer, barrister Paul Anastassiou told the Federal Court in Melbourne that the company would send emails to all Australian buyers to date, offering the refund. The company’s lawyer also said, Apple has agreed to post warnings that its new iPad “is not compatible with current Australian 4G LTE networks and WiMAX networks” over the next week.

A trial has been set for May 2, with a preceding hearing  on April 16.