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Another Paypal update

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  Another Paypal update Sylvia Else <sylvia@not.at.this.address> - 2014-08-20 13:36 +1000
    Re: Another Paypal update Rich <rich@example.invalid> - 2014-08-20 08:47 +0000
      Re: Another Paypal update Sylvia Else <sylvia@not.at.this.address> - 2014-08-20 19:46 +1000

#4501 — Another Paypal update

Was advised of another Paypal policy update today.

According to my records, that's the 18th policy, user, or legal 
agreement update in less than three and half years.

I wonder whether courts in some jurisdictions would consider this to be 
an abuse of the provision that allows Paypal to make unilateral changes 
to the agreements, and refuse to bind a customer where some provision is 
unreasonable.

Sylvia.

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#4506

Sylvia Else <sylvia@not.at.this.address> wrote:
> Was advised of another Paypal policy update today.

> According to my records, that's the 18th policy, user, or legal
> agreement update in less than three and half years.

> I wonder whether courts in some jurisdictions would consider this to
> be an abuse of the provision that allows Paypal to make unilateral
> changes to the agreements, and refuse to bind a customer where some
> provision is unreasonable.

Does the Paypal policy include a statement somewhere that they reserve
the right for themselves to make updates at any time, and to give you
proper notification when such updates occur?

If it includes something to this effect (it _very_ likely does) then
I'd guess no, a court would not likely consider it an abuse, because
they informed you ahead of time that they could do so "at any time",
and "at any time" means as often as they wish.

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#4507

On 20/08/2014 6:47 PM, Rich wrote:
> Sylvia Else <sylvia@not.at.this.address> wrote:
>> Was advised of another Paypal policy update today.
>
>> According to my records, that's the 18th policy, user, or legal
>> agreement update in less than three and half years.
>
>> I wonder whether courts in some jurisdictions would consider this to
>> be an abuse of the provision that allows Paypal to make unilateral
>> changes to the agreements, and refuse to bind a customer where some
>> provision is unreasonable.
>
> Does the Paypal policy include a statement somewhere that they reserve
> the right for themselves to make updates at any time, and to give you
> proper notification when such updates occur?
>
> If it includes something to this effect (it _very_ likely does) then
> I'd guess no, a court would not likely consider it an abuse, because
> they informed you ahead of time that they could do so "at any time",
> and "at any time" means as often as they wish.
>

By way of example of a jurisdiction where litigation might succeed, consider

www.austlii.edu.au/cgi-bin/sinodisp/au/legis/vic/consol_act/aclafta2012372/s185.html

  (j)     the conduct of the parties to the contract after the term was 
agreed to;

If one hypothesises a situation where PayPal repeatedly and often change 
the terms, and then slipped something questionable into them, a person 
(being someone in Victoria, Australia) might then seek redress under 
this section.

Sylvia.

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