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by grawprog
2198 days ago
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>Terms of Service usually have a clause with language that states that the provider of the service may change the terms of the contract at any time without prior notice. If the user doesn't like the new terms, they can quit using the service This is the issue I speak of. Part of contract law makes this illegal. https://gowlingwlg.com/en/insights-resources/articles/2018/h... >The parties must usually mutually agree to alter or modify the contract. In some circumstances the underlying contract might give one party a unilateral right to make certain limited changes, but agreement is normally necessary. >The parties must intend the alteration/modification permanently to affect their rights. If there is no such intention, then the change is likely to amount only to a temporary forbearance or concession, rather than a permanent variation of the contract. >The parties must comply with any requirements as to the form of the variation. These could be specified by legislation, or set out in the original contract which is being varied. >The agreement to vary a contract will need to be supported by consideration - something of value must be given in exchange for the alteration. If there is no such consideration, then the variation will need to be effected by deed. |
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