You’ve probably seen this statement a thousand times: “By clicking here, I confirm that I have read and understood the Terms and Conditions.” This clause, or a variation of it, appears on every website with Terms and Conditions.
The question is: why do you have to agree to it?You actually have every right not to, but in turn, you might not get access to the website you’re trying to open, or you may not be able to register for an account, post content, buy a product, or use the services offered by the website.
As a website owner, you must understand the importance of getting users to read, understand, and agree to your website Terms and Conditions.This is the only way that it becomes legally binding and enforceable.
Why Do Users Have to Agree to Terms and Conditions?
Are Terms and Conditions necessary? Technically speaking–no. Having Ts and Cs is not mandated by any data protection laws; it’s more of a good-to-have.
Terms and Conditions outline the rules for using your website, protecting your intellectual property, safeguarding you from abusive activities, limiting your liabilities, allowing you to impose sanctions, and building better customer relationships. To be able to enforce these powers, users have to agree to play by the rules. If they don’t, you’re putting your business at risk, as you won’t be able to take any action against people who misuse your website.
What Happens If Users Don’t Agree to Terms and Conditions?
If users don’t agree to the Terms and Conditions of a website, they’re typically not given any access to use it. This is the only way that the site owner can ensure they’re saving their platform from people with bad intentions.
Otherwise, if users are still allowed to use the platform without agreeing to the Terms and Conditions, they may carry out activities that could harm your business or other customers—and you won’t be able to do anything about it.
How to Get Users to Agree to Terms and Conditions
Let’s be real–people don’t usually read a Terms and Conditions page. But, as a website owner, you have to make sure that users agree to your Ts and Cs, anyway–although, it would be great to encourage them to read them, too!
To do this, most websites use the checkbox method, where they add a checkbox to a conspicuous area on their site that requires user attention with a statement that affirms that the person reading it has read and agrees to the platform’s Terms and Conditions.
This is usually located in the sign-up box when you register for an account on a site. You’ll see it right before the sign-up button and, in most cases, you won’t be able to create an account without ticking it off. It may also be placed in the cart of an e-commerce website, requiring customers to check it before they’re able to make a purchase.
When adding a Terms and Conditions checkbox, you must remember to use plain and understandable language–leave the legal jargon to the actual agreement. You also have to link your Ts and Cs near the checkbox so that the people who want to read them can easily access them to find out what exactly they’re agreeing to. Then, you must ensure that your Terms and Conditions page is located in a place on your site that users can easily access for maximum visibility.
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People are more likely to agree to Terms and Conditions when they’re properly drafted with clear and transparent language. You must make comprehensive and legally sound Terms and Conditions—you can do just that with an easy-to-use website Terms and Conditions template from The Contract Shop®!
FAQs
Are Terms and Conditions Legally Binding If Not Signed? Terms and Conditions don't have to be "signed" in order to be legally binding. However, there has to be some evidence that the customer has accepted the Terms and Conditions.
What happens if you don't accept Terms and Conditions? ›
What Happens If Users Don't Agree to Terms and Conditions? If users don't agree to the Terms and Conditions of a website, they're typically not given any access to use it. This is the only way that the site owner can ensure they're saving their platform from people with bad intentions.
How enforceable are Terms and Conditions? ›
When the user accepts the terms – i.e. checking a box or clicking a button to indicate acceptance – the Terms and Conditions become a legally binding contract. However, proper presentation and acceptance methods are key to enforceability.
Do you have to accept new Terms and Conditions? ›
A customer is not obligated to agree to a new or changed TOS. If they do not agree, however, the business might be within its rights to stop providing services to that customer.
Do you agree with Terms and Conditions? ›
What is an agree to terms and conditions statement? The agree to terms and conditions statement typically accompanies a checkbox and serves as an explicit acknowledgment by the user that they have read, understood, and agreed to the terms and conditions provided by the website or application.
Can you disagree to Terms and Conditions? ›
In order for your Terms and Conditions to be legally binding on another person, that person must accept (agree to) them.
Are Terms and Conditions mandatory? ›
While terms are generally not legally required (like the privacy policy), it is essential for protecting your interests as a business owner.
Why do you have to agree to Terms and Conditions? ›
A Terms and Conditions agreement acts as a legally binding contract between you and your users. It's the agreement that sets the rules and guidelines that users must agree to and follow in order to use and access your website or mobile app.
Do user agreements hold up in court? ›
In order for an agreement, including a terms of use, to be legally binding, the user must have notice of the agreement. This can occur through actual notice (i.e. the user actually clicks on the agreement and sees that their continued use of the site results in a binding agreement) or constructive notice.
Does a signed agreement hold up in court? ›
A “binding contract” is any agreement that's legally enforceable. That means if you sign a binding contract and don't fulfill your end of the bargain, the other party can take you to court. You might encounter binding contracts frequently, whether you're signing a rental lease agreement or just bought a car.
A Deloitte survey of 2,000 U.S. consumers in 2017 found that 91% of people consent to terms of service without reading them. For younger people, ages 18-34, that rate was even higher: 97% did so. ProPrivacy.com says the figure is even higher.
Is it illegal to use another company's Terms and Conditions? ›
Legal policies, like terms and conditions, are protected by copyright, so using someone else's document is illegal under U.S. copyright laws.
What happens if I don't agree to Samsung legal terms? ›
IF YOU DO NOT AGREE TO THE TOS, DO NOT INSTALL OR USE THE SERVICE. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TOS, YOU MUST STOP USING THE SERVICE. IF THESE TOS CHANGE AND YOU CONTINUE TO USE THE SERVICE OR FAIL TO UNINSTALL THE SERVICE FOLLOWING ANY SUCH CHANGE, YOU AGREE TO BE BOUND BY THE TOS.
Is clicking I agree legally binding? ›
Yes, clickwrap agreements are legally enforceable.
Whose Terms and Conditions prevail? ›
Whose terms and conditions apply? Who wins the battle of the forms? Generally, the party whose terms were last circulated before the substance of the contract is performed. So, imagine a situation where a seller makes an offer to sell goods on its terms.
Is it OK to accept terms & conditions? ›
Most people do not do so as either the Terms & Conditions are very long, or people simply assume them to be accurate and legitimate. It is important to remember that accepting Terms & Conditions constitutes a legally-binding contract, so it is in your interest to make sure that you have read them before accepting.
What happens if you do not read the Terms and Conditions? ›
Terms and conditions agreements aren't just a boring read, but they act as a sort of legal contract between the user and the website. Just like a legal contract, most terms and conditions agreements are legally binding, so you should make sure you read them carefully before signing.
What happens if you dont agree to Apple Terms and Conditions? ›
You agree that Apple may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.
Why do I have to agree to Terms and Conditions? ›
With a Terms and Conditions agreement, you can help protect your company from potential abuse by those who might intentionally misuse your site, services, or apps. You can do this first by outlining your rules, and then by retaining the right to take action against those who violate them.
