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Who Is Legal

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#1 charliew


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Posted 21 November 2006 - 12:04 PM

After hundreds of reading legal documents and struggling to locate the question, I put my question to the forum for your views:

Which (or both?) of these methods of accepting terms is legal:

Checkout terms 1 - see link at the bottom of the page

Checkout terms 2?

Any thoughts?

#2 Respree


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Posted 21 November 2006 - 01:49 PM

I'm not so sure it's a matter of what is 'legal'. Both are communicating the terms of using the website. It is up to the user to either agree or disagree with those terms.

If you're asking can either side face criminal or civil consequences as a result of those pages you described, in my non-legal opinion, the answer is "No."

Or, are you asking which is 'preferable'? (which is quite different from 'legal')

#3 whitemark


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Posted 21 November 2006 - 04:36 PM

The second method seems more preferable since it has less distracters - the whole page is focused only on the terms and conditions. It can also be easier to update and maintain. You could also track if your viewers are not buying the products specifically because of the terms and conditions.

If you are looking for free legal contracts you might find something usable from the internet legal research group.

#4 travis


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Posted 21 November 2006 - 07:11 PM

The second one.

#5 charliew


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Posted 22 November 2006 - 04:03 AM

I had been told that the first was not legal because it did not mean users had to read the terms (not that they have to in the 2nd!).

The 2nd was developed after user testing, but I was then told that it was too 'in your face' and just adding another stage to the cart system.

Thank you for the feedback!

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