More info on T&Cs Changes.

So as mentioned on another post, Baby’s Days specifically introduced a new clause to their T&Cs.  This new term came into effect the day after I mentioned, in a Facebook group, that I was thinking of setting up a factual blog detailing my dealings with the company.  I even emailed Baby’s Days about this blog when they sent me part of the new T&Cs and assured them they had no reason to worry about Libel/Defmaation as I would be blogging factually about our interactions.

Anyway, a few people have contacted me by email and facebook worried about the new terms and conditions and have asked if I can find out what other changes they have made in the Nov 2014 edition of the T&Cs.

Baby’s Days don’t provide previous T&Cs to their customers, but I was able to find a cached google page from their website, which had the old Terms and Conditions from Sep 2014 published.  So I have now been able to compare the Sep 2014 T&Cs with the Nov 2014 T&Cs and they make for interesting reading!

The main changes are as follows:

Your agreement is no longer with Baby’s Days, but with a company called Sys IQ Ltd.

I Have no idea why they would have changed the name of the company your agreement is with? I have no idea what, if anything, this means for your data, if it has been moved / shared bwteen 2 companies?  It isn’t very clear to me.  Sys IQ Ltd appointment Mr Mark Kahl (the guy that owns Baby’s Days) as a new board member on the 22.02.2013, so quite a while ago source.  If anyone has any idea why this change may have occurred please leave or comment or message me on Facebook.  It might take me a while to respond but I will get back you.
They have added a clause that lets them, “amend, remove or vary”…”any section of the Subscription Service, any Content on the Subscription Service, or any service offered on the Subscription Service at any time and without notice”.

This now obviously means they can pretty much do anything they want to your system at any time they fancy and without informing you that they are doing this. 

The old terms and conditions said they do not, “monitor or police communications or data transmitted through the subscriptions service.” This clause has been removed entirely.

Doe this now mean they DO monitor or police communications or data transmitted through the subscriptions service?  It’s not really clear.

There are lots of other claims made in the terms and conditions which many users may not know about, so I have compiled a PDF to this post for those of you that are interested, you can view it here.  Where you see words crossed out, they are no longer in the agreement, where you seen yellow highlighted text, this is new information added to the T&Cs in November.  Any red text is my commentary on the T&Cs.

It would be great to hear about what others think of these T&Cs?

 

5 thoughts on “More info on T&Cs Changes.”

  1. So they gave you no notice of their intention to change their conditions of service, added a bit to effectively say they can change the agreement whenever it suits them and if you carry on using the system (even if you don’t know about the changes) then you’re deemed to have accepted the new terms, they still didn’t tell you about any change after they’d done it, and then claimed you’d breached the new T&C’s in order to justify closing an account that isn’t even in your name??? Is that even legal?!

    1. Hi Anon thanks for your message, I’m not sure if it is illegal, I’m seeking legal advice so as soon as I know I will post here.

      Just to clarify your comment though, as I have to be very careful with this blog.

      So they gave you no notice of their intention to change their conditions of service – yup

      added a bit to effectively say they can change the agreement whenever it suits them and if you carry on using the system (even if you don’t know about the changes) then you’re deemed to have accepted the new terms – that bit was there before, but now it says it more times and they also added a term in to say you can’t be in other facebook groups/start blogs etc as a way of stopping me from letting other people know about my treatment regarding lack of system update.

      they still didn’t tell you about any change after they’d done it – They did email me the change, they said if I started a blog it would breach their new T&Cs. They didn’t tell me about all the changes and as far as I know they haven’t directly informed any of their customers either.

      and then claimed you’d breached the new T&C’s in order to justify closing an account that isn’t even in your name??? – yup, within a few minutes of the first blog post the account was “terminated”. It’s like getting your account terminated because your assistant said something mildly negative (not libellous) in a Facebook group. But we are co minders. They said they would give me back my account once the (non libellous) blog was deleted, I removed myself from all FB groups they deemed necessary and I deleted all FB comments. I refused to do any of that until my account was back, and here we are today!

      Is that even legal?! – I’m not sure! In a nut shell t&cs can say what ever they want, but they aren’t always legally enforcable and in some cases could be considered unfair. A court would decide this.

    2. Just to add to this, their T&Cs for the libel part actually say “you” not authorised users like the rest of it. So actually they legally couldn’t terminate your account if it was your assistant posting somewhere. Although that is exactly what they have done with me as this is my blog, but the account is in my co-minders name!

  2. I am a Babys days customer – I like the system ……..my eyes are wide open (I think customer service needs improving) I am and will continue to be a member of several facebook groups and I am not going to change that …….I do not accept the new T&C’s and I will take legal advice on that as I took the system on prior to these changes

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