Terms and conditions: the small print

By Louise Taylor

Spare a thought for the technology lawyer. He or she can spend hours crafting a set of website or mobile terms and conditions the size of a small novella and what happens?

You are presented with a link to the terms and conditions before you make your purchase and instead of reading them you pretend that you have and click ‘I accept’ instead. Yes, you are allowed to complete your purchase but the terms and conditions remain neglected and unread like a book at a yard sale.

Of course, we all do this including the very lawyers who draft them. No one has the time to read every set of terms and conditions they are presented with and, even if they did, the content of the terms is unlikely to affect their decision as to whether or not to proceed with the transaction. So we continue with the legal fiction that by presenting terms to users and forcing them to scroll through them and/or click ‘accept’, the users are in fact agreeing to them…

Click on the link below to read the rest of the Taylor Wessing briefing. 

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