Oct 01,2019 | 12 min read

Law Website Terms - Things to know

Author - Associate Shereen Abdin

The recent trend shows an increase in signing contracts by stamping the tick box, without reading the terms and conditions they confirm. TOS has become an imperative part of any contract these days and, demands confirmation of binding to the terms before entering into a business. Most of the service providers require you to click on the "I Agree" link after you thoroughly read the agreement. This depends on numerous factors, which are listed below.

Sometimes it would be annoying to read all the terms enlisted in a document with improper formatting and consumes a lot of your time. So, online agreements are a boon where a simple click of checkbox ensures you have read and agreed to the terms and conditions. The "I Agree to terms and conditions" checkbox triggers the user to read the rules at least once before agreeing to the terms.

Necessity To read and understand the TOS

It has become habitual for many to recklessly tick the checkbox without reading the terms and conditions they are abiding by. This is not encouraged for many reasons. This makes you unaware of the company's and third party's rights are and, provide a lack of visibility on your expectations.

Clickwrap- Recommended

A clickwrap agreement is the one wherein you are entitled to tick the "I Agree" checkbox above which the terms and conditions are presented. Clickwrap is the preferred method as it allows users to read and, review all the conditions before they tick the checkbox and connects the user with the customer. This is a commonly used method by several e-commerce sites and, provides basic awareness to users, entering the website.

A reasonable agreement allows you to avail the below benefits and, it is your responsibility to cross-verify if the following before affirming the contract agreement.

One significant feature about Clickwrap is the user is not allowed to progress without checking in the checkbox to indicate that you abide by the TOS. This explicitly states that the user has rightfully agreed, no matter whether he has read the TOS or not. However, a chance to read the TOS is given to the user.

Present the Terms of Service to the user and, ensure they check in the checkbox, before navigating to the payment gateway.

Allow you to read the terms from the beginning to end without any navigating issues.

Provision to download a copy to your system and save it for future reference.

Ensure the TOS is easily available online after the user duly agreeing to it.

Provide the freedom to users to decline if they are not convinced with the terms of service.

Browsewrap- Not recommended

Browsewrap agreement is the one wherein a set of terms and services are put on a website and the users are supposed to follow it. This does not confirm whether the user has read the rules listed on the website or not.

A terms and conditions document must cover the below important clauses and as a user, you must go through it, compulsorily.

Harmful language clause

Many e-commerce websites maintain blogs containing different topics related to the current trend. It is required to keep comments section respectful, and any abusive comment will not be encouraged and deleted automatically.

IP Clause

The entire content of the website belongs to the owner, and, no third person has the ownership for this. This is part of the TOS and, as a user, you must be aware of it before agreeing to the TOS.

Termination Clause

This covers the terms relating to the termination of the agreement. As a user, you are deemed to follow the rules listed and, in case of any deviation, your contract will be terminated.

Disclaimer Clause

In this scenario, the business will be suspended with the customer when the services offered are not satisfactory. This clause needs attention before you legally sign the agreement.

Conclusion

To conclude, it is crucial as users to be conscious of any terms before you agree formally. So, read the terms and conditions by giving attention to each detail, to have a fruitful business with your customers.


Need Free Legal Advice or Assistance Online?


For any Website Agreements and Policy related matter, please Post Your Requirement anonymously and get free proposals OR find the Best Website Agreements and Policy Lawyers and book a free appointment directly.


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