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ARTICLE · 29 MARCH 2023

Can I Unilaterally Change My Website's Terms Of Use?

Siskinds LLP
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As a business owner, from time to time, you may need to update your website's terms of use (TOU) (also known as the "terms of service"). You may wonder: can I just make that change? Do my users...

CanadaLitigation, Mediation & Arbitration
Savvas Daginis
Savvas Daginis
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As a business owner, from time to time, you may need to update your website's terms of use (TOU) (also known as the "terms of service"). You may wonder: can I just make that change? Do my users have to agree? The answer is: it depends on what your TOU states. Quite often, the TOU gives you and your business the sole, unilateral power to modify the terms at any given time without giving anyone notice. For example, check out the TOU of the Canadian Broadcasting Corporation's website. As of Jan. 6, 2023, it states:

These terms of use may be amended from time to time, so please come back to review them periodically.

However, that may seem unfair, and so you may still wonder whether the law actually allows you to make changes to your TOU without notifying your website's users.

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