Assignment of a contract

Your website T&Cs include the following clause: “You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.”  What does this mean?

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Alasdair Taylor's Answer

In some cases a contract may be formed under the website T&Cs. Such contracts have two parties: the website operator and the user.

The main concern of the clause is assignment or transfer of rights from one person to another.

In some situations the website operator may wish to transfer its rights and obligations under those contracts to another person. For example, this may be desirable where the website is being sold to another company.  The assignment clause indicates that the website operator has the right to make such transfers, but the user does not.

In practice, there may be legal restrictions on the ability of the website operator to assign a contract, depending upon the applicable law.

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