Do Digital Terms and Conditions Hold Up in Court?

Howard Schulman

There are established standards for what makes a contract enforceable. But when it comes to digital terms and conditions( Ts & Cs), the presentation of legal agreements can make all the difference in their enforceability. Your legal agreements must be conspicuously presented. If not, a counsel can easily make the case that the user didn’t properly understand what they were agreeing to.

Many companies will use “clickwraps” to get their customers to accepts their Terms and Conditions. Clickwrap is a method of getting customers to actively click a checkbox or button in order to show consent on legal documents. It means that the user has actually clicked “I agree to the terms and conditions and privacy policy.”

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