I do not think that a
web operator is able to change the terms of use of website without giving users
adequate notice as this action result in an unfair contract term according to
the unfair contracts law. First of all, a significant imbalance in the parties’
right arises under the contract. The website user
was deprived of the right of knowing changed terms and the right of rejection,
thereby an unexpected credit card charge automatically to operator. That also
meets the second criteria of determing the unfair contract term as it would
cause detriment to a party if it were to be applied. Therefore, a party cannot unilaterally
change the terms of a contract before obtain the other party’s consent. However,
this issue could have been rapidly avoided by website operator with some practical
movements, such as send a notice by mail or call, although, it could increase
extra work for website operator to some extend. Finally, In terms of the third
fact that that unnoticed term is not
reasonably necessary to protect the legitimate business interests of the website
operator who would be advantaged by the term. In a word, the term will be void when
that proved to be unfair, which caused by inadequate notice of the change.
-1070.gif)

No comments:
Post a Comment