ukclique > legal.* > legal.moderated

David (11.09.2017, 13:55)
I'm just trying out a new on line App on my Android phone.

You have to accept the Ts&Cs to use it.

Good point: it makes you at least open the Ts&Cs before you accept.

Questionable point: the Ts&Cs say that you are bound by them and that they
may change at any time so you are required to check back regularly to see
if anything has changed because you are bound by them after the change.

Part of the registration process requires an email address, so they could
notify you of changes.

So are the Ts&Cs reasonable and enforceable if they change without you
being notified?

Cheers

Dave R
Jethro_uk (11.09.2017, 14:44)
On Mon, 11 Sep 2017 11:55:24 +0000, David wrote:

[..]
> being notified?
> Cheers
> Dave R


Isn't this what courts were invented for ? ;)
Roland Perry (11.09.2017, 14:48)
In message <f1nbtcFovmnU1>, at 11:55:24 on Mon, 11
Sep 2017, David <wibble> remarked:
>I'm just trying out a new on line App on my Android phone.
>You have to accept the Ts&Cs to use it.
>Good point: it makes you at least open the Ts&Cs before you accept.
>Questionable point: the Ts&Cs say that you are bound by them and that they
>may change at any time so you are required to check back regularly to see
>if anything has changed because you are bound by them after the change.
>Part of the registration process requires an email address, so they could
>notify you of changes.
>So are the Ts&Cs reasonable and enforceable if they change without you
>being notified?


What jurisdiction does the app supplier claim?
David (11.09.2017, 16:01)
On Mon, 11 Sep 2017 13:48:57 +0100, Roland Perry wrote:

> In message <f1nbtcFovmnU1>, at 11:55:24 on Mon, 11
> Sep 2017, David <wibble> remarked:
> What jurisdiction does the app supplier claim?


Excellent point.

I'm ploughing through an online version at the moment and there is no
mention of jurisdiction, although some of the wording implies UK.

The initial sign up gives the options of USA, Europe, or rest of the world.

I am looking at a UK website.

Cheers

Dave R
David (11.09.2017, 16:33)
On Mon, 11 Sep 2017 13:48:57 +0100, Roland Perry wrote:

> In message <f1nbtcFovmnU1>, at 11:55:24 on Mon, 11
> Sep 2017, David <wibble> remarked:
> What jurisdiction does the app supplier claim?


Groan.
After much reading of disclaimers, it is English law in the English courts.
I wonder how many people actually get as far as Para. 11.8?

Cheers

Dave R
Jon Ribbens (12.09.2017, 13:19)
On 2017-09-11, David <wibble> wrote:
> On Mon, 11 Sep 2017 13:48:57 +0100, Roland Perry wrote:
> Groan.
> After much reading of disclaimers, it is English law in the English courts.
> I wonder how many people actually get as far as Para. 11.8?


Why "groan"? Generally speaking, assuming you are in England, English
jurisdiction is what you want - not least because we have pretty good
consumer protection laws in this country.

The Consumer Rights Act 2015 provides that terms in consumer contracts
must be "fair", and if the term is not fair, it is not enforceable
against you and the contract is treated as if that term does not
exist. Schedule 2 of the Act provides a list of the types of terms
which are likely to be regarded as unfair, and includes:

11. A term which has the object or effect of enabling the trader
to alter the terms of the contract unilaterally without a valid
reason which is specified in the contract.
...
13. A term which has the object or effect of enabling the trader
to alter unilaterally without a valid reason any characteristics
of the goods, digital content or services to be provided.

So it is likely that the clause enabling the supplier to change the
terms at will (with or without notice) is unenforceable, or at least
that if they changed the terms in any way significantly prejudicial
to you, that change would not be enforceable.

David (13.09.2017, 16:12)
On Tue, 12 Sep 2017 11:19:02 +0000, Jon Ribbens wrote:

[..]
> that if they changed the terms in any way significantly prejudicial to
> you, that change would not be enforceable.
>


The "groan" was due to the length of time it took to read through all the
pages of Ts&Cs.

Hence the comment that I wondered how many people actually read them.

Cheers

Dave R
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