- January 27, 2017 at 8:47 pm #166178
Good evening all.
I am currently developing a website for my Company. Given the nature of the business, it is very important that I am able to prove that the user agreed to the terms and conditions - and that this can be upheld in court. Correct me if I am wrong, but I believe under current UK case law, terms and conditions are enforceable if they are presented to the user when registering and they must click agree to continue.
My main query is in regard to proving that the user agreed to the T&Cs. Is it sufficient to prove that the feature mentioned above is in place, or do I need to be able to prove that the individual agreed to the terms, e.g. using a digital footprint of sorts?
Many thanks!February 12, 2017 at 7:32 pm #166735
Clicking 'agree' helps prove consent to the terms and that an opportunity to read then (the pre-requisite before being able to agree) was given. However customers can be bound without such a button. Its all about the extent to which you can prove they had the opportunity to read before proceeding with the purchase and ensuring their agreement was the basis on which you would supply/sell. So at the very least a link to them should be clearly displayed before a transaction and without scrolling down .
Having a link at the foot of the website pages which does not need to be displayed before a commitment to your service is made allows an opportunity for challenge. So always use the 'I agree' button. In fact say "I have read, understand and agree to". The other benefit is that you should be able to prove, from the software, that no purchase could possibly be made without that button being clicked. I would suggest, for extra protection, that you require the terms to be scrolled down on screen to the end before permitting the 'I agree' button to be clicked.
lawyer/mediator who specialises in resolving disputes between shareholders/directors either a mediator appointed by the company or as a negotiator for one more shareholders. I create strategies to aid negotiation and facilitate resolution. For start ups I provide Shareholder Agreements that help to significantly reduce the risk of disputes arising in the first place. To take one small example of the problems that arise in the absence of a Shareholders Agreement, if one of the working shareholders decides in future to leave the company but decides to hold onto his shares as he believes the company will be successful, the others have no power to force him to sell. That means all future dividends have to be shared with him. Better to have a Shareholders Agreement with a clause requiring a sale in those circumstances. See my bio at www.themediationroom.com/aboutusMarch 15, 2017 at 11:00 am #168626
I find it very annoying when someone puts effort into replying to an appeal for help but the thread starter doesn't have the courtesy to come back and thank the responder or even to acknowledge the reply.
I hope that it doesn't put you off helping others out as they aren't all as ill mennered
Ian Johnston - Factoring Solutions --- Independent Factoring Broker for growing SMEs --- Discover my free factoring negotiation service that tailors solutions and protects your UK business. --- Call me today on 01827 707 680