Terms & Conditions are everywhere, whether you are installing software, signing up for any subscription, or visiting any website. It’s a contract between you and the company you are using. It explains the way in which the services provided are intended to be used and what you are and are not allowed to do. However, many of us do not care about those pages’ long Terms & Conditions and click on I Agree without reading it. Because what we think is it doesn’t matter, isn’t it?
Let me explain to you, the terms & conditions are the legal contracts between you and the company. It doesn’t matter whether you read all those points or not if you click on I Agree, then you are legally bound with their terms. If you go through all those points then they have clearly mentioned everything i.e. how the goods and services should be used, policy about duplication and republishing, terminating your account, and so on. Here’s we are going to share with you a few things that why you should never skip the terms & conditions?
A terms and conditions is a legal contract with a website’s users and visitors and can be enforceable in court. You should read it because if you agree to the terms and conditions, you will likely be agreeing to a legal contract with the website owner.
Does it Matter if you Don’t Read the Terms?
In B2C situations where a Terms and Conditions document is presented, the user can be bound by the document even if they don’t read it. The only things that matter are:
- The business must give the user reasonable notice of the Terms
- The user must agree to them
- The Terms must be fair
What’s in a Terms and Conditions Document?
These are some of the things a Terms and Conditions document contains:
- User guidelines and acceptable use of the product or website
- IP ownership and use
- Payment terms for the product or website
- Disclaimers
- Warranties
- Indemnities
- Limitations and/or exclusions of liability
- Dispute resolution
If you don’t read the Terms, the problem is that some of the above clauses may have you on the hook! For example, an indemnity clause typically says something like this, from the Google Play Store Developer Distribution Agreement:
You can see that it states that the user will “defend, indemnify, and hold harmless Google …. From and against any and all third party claims, actions, suits or proceedings…”. If you use the Google Play Store illegally and somebody could sue Google for your action. This clause means that you are liable for any costs that Google suffers defending that claim.
If you’re not sure exactly how you can and cannot use the Google Play Store, you may accidentally create issues like this. Reading the acceptable use clause is a good way to keep in line with what the website or service provider has asked.
Here’s an example of an acceptable use clause, from Box:
Making sure you are aware of the acceptable use clause or policy is important for two reasons. First, it will make sure you don’t breach the terms that you just agreed to. Second, it will make sure you don’t put your account at risk of termination. Often if you breach a term like acceptable use, your account will be shut down. If you enjoy using the service you signed up for, read their terms so you know how to use their service appropriately.
Finally, it’s important to be aware of how the Terms cover liabilities, warranties, and disclaimers.
If you’re using a website or service for something important, and the website goes down, you might suffer loss. It’s easy to assume that they offer some kind of warranty or compensation for this, when that may not be the case.
Be aware of what website warranties and disclaimers so that you know what you’re entitled to (and what you’re not). Here’s an example of these types of clauses from the Amazon Appstore Distribution Terms of Use:
You can see that Amazon provides their Appstore “as is” and “with all faults”. The user is also agreeing that the use of the Appstore is at their sole risk. This means that if for some reason something goes wrong with the Amazon service, you can’t claim anything from Amazon. They also explicitly state that they are not liable for any damages.
It’s important to be aware of these types of clauses so that you go into the agreement with open eyes. If you’re aware that your use of the Amazon Appstore is at your sole risk, you may sell or promote your app differently. If you’re aware of the acceptable use terms of a website or service, you are less likely to break those terms.
Clauses that put an obligation on you (such as indemnities and acceptable use) are critical to read before you agree to the Terms and Conditions. If you go ahead and agree without reading those clauses, you’ll likely still be held accountable if you breach them.
Conclusion
Many people don’t read the Terms and Conditions at all, let alone combing the terms for indemnities or liabilities. Despite the fact that most people don’t read Terms and Conditions, you should always try to look out for those key clauses and see what you are agreeing to. You may be bound by those Terms and Conditions even if you don’t read them!
