Technology
Terms and Conditions
New York
Can a company modify their Terms and Conditions without notifying their users?
I recently signed up for an online service and agreed to their Terms and Conditions, which included a clause stating that they can modify the terms at any time without prior notice. However, I have now discovered that the company has made significant changes to the Terms and Conditions, and I was not notified about these changes. I am concerned about the legality of this situation and whether the company can modify the terms without any form of notification to its users.
Answers from 1 Lawyer
Answer
Technology
New York
Muhammad Yar L.
ContractsCounsel verified
While the general practice is to at least provide users the notice for any material change. However, Companies often include such clauses to allow them to modify any terms without notice. The legality of such language depends on many factors: (a) the interpretation of such language in the terms, (b) the nature of the changes, and (c) the applicable laws governing such terms. However, many courts and regulators expect companies to provide reasonable notice of significant changes, even if the terms state otherwise.
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Can users contest terms and conditions?
I recently started an online business and I am in the process of creating the terms and conditions for my website. I am concerned that users may contest the terms and conditions, and I am looking for advice on how I can ensure that my terms and conditions are legally binding. I would also like to know what the consequences are for users who breach the terms and conditions.
Merry K.
Users can contest anything - the question is would they win. I urge you to get legal advice from a qualified attorney before imposing or changing terms and conditions - I see you have a lot of questions about TOC, and you're not going to get proper legal advice/guidance/review just by posting questions. (And, no, please do not ask for me - this is a specialized field, and I'm not qualified or experienced to help you, much as I would like to).
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Are oral terms and conditions enforceable?
I am a small business owner who is in the process of creating a new website. I am writing my own terms and conditions for the website, and I want to ensure that they are legally enforceable. I understand that written terms and conditions are legally enforceable, but I am unsure if oral terms and conditions are enforceable in the same way. Therefore, I am seeking your advice on the matter.
Merry K.
Whether or not oral (verbal) terms and conditions are enforceable may depend in part on how well the written contract makes it 110% clear that no changes can be made unless they're in writing and signed by all parties in advance. Absent that kind of language in the written agreement, or absent any type of written contract, verbal agreements can be enforced - it's more difficult, of course, than if something is in writing.
Read 1 attorney answer>Contracts
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Why are terms and conditions long?
I am a small business owner who is in the process of creating a website for my business. I have been researching terms and conditions for websites, and I noticed that most of them are very long. I want to make sure that my terms and conditions are comprehensive to protect my business, but I am worried that if they are too long, customers may not read them. That is why I am asking why terms and conditions are so long.
Diane D.
Because every type of situation needs to be covered to protect you. That cannot be done in a paragraph or two.
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Are vague terms and conditions valid?
I recently signed a contract with a company that included terms and conditions. Many of the terms were vague and I'm concerned that they may not be valid. I'm worried that this could put me in a vulnerable position and I want to make sure that I understand my rights and obligations before proceeding.
Diane D.
Yes, vague terms and conditions are valid. If you would like for me to review the contract for you before you sign to let you know what you will be or not be liable for, please contact me at ddowns@dmdlawpa.com
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