: Warning Buyer Beware - Terms - :
Do You Actually Read
Terms And Conditions?
Or just click through...
I may be crying wolf, but I figure it is just a matter of time before someone finds out that Terms and Conditions are a legally binding agreement. In the last few years, I have noticed that the wording gives the "seller" more and more rights and the "buyer less and less. In fact, some web sites are beginning to claim royalty free rights to anything you might mention in an email or forum on their site and you are giving up claim to the information by agreeing.
I agree that it is boring reading and long winded but to be safe I almost always read before agreeing. The reason I'm writing this document is because I found a product that interested me; but when I reached the payment button there was a "terms" agreement. I wasn't in a big hurry so I decided to read the terms and was I glad I did; I was agreeing to let the website give, sell, or do anything they wished with my personal information. Below is a portion of the agreement see what you think.
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Notice -- Read This-- WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. WHICH INCLUDES A ZERO REFUND POLICY. THAT IS NO REFUNDS ARE OFFERED. THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forgo. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties. |
I intentionally formatted the parts that make me think the way I am at the present. The print was smaller and the same color, in the terms I read, almost like they were trying to bore me with the method. We have been conditioned to click on the box that "we agree to terms" and go on. This may end up costing us dearly if someone is greedy and takes us to court over the terms and conditions.
With all the lawyers in the world today, it is only a matter of time before someone tests the legality of the terms and conditions. Most, have been written by a lawyer somewhere and somewhat insure the legality of them. Lawyers give opinions; but courts render judgment. If, a court upholds one of these agreements, and the way it is worded I don't see how they wouldn't. There could be some very serious consequences for those that have agreed to the terms.
Diligence must be exercised in anything that might be agreed to even if it is on the Internet. Law takes precedent over just about all dominions and the terms agreed to on the Internet doesn't seem to be an exception to me. Ignorance of a law won't work as an excuse; so don't think that it will alleviate you from responsibility in any contract agreement.
I clicked away from the site that had these terms and decided I would not purchase anything from someone holding me hostage to such terms. If, everyone would do the same, I imagine the terms would change. This merchant went way beyond the concept of protecting him or her self and started infringing on our rights. I can't see a reason for such terms unless "GREED" is involved in the decision; or stripping others of their privacy and rights.
When GREED rares its ugly head; it has to bring us back to the old axiom of "Buyer Beware" with a new and increased awareness. Like I said, I may be crying wolf, but it is better to err on the side of caution than be caught on the wrong side of law. So, I will continue to read and understand prior to agreeing to any terms and conditions. I hope you do to and we can turn this back into reasonable terms and conditions on web sites.
