Click to Accept Agreements

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Click to Accept Agreements

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Click to Accept Agreements

Click and accept agreements have become extremely common in the current society. This is because most individuals are currently able to access computers and the internet at large. Therefore, several companies have come up with systems to assist in faster delivery of services and these include the click and accept agreements among many others. The click and accept system is whereby a consumer is provided with an agreement online to which they should accept or refuse the offer provided to them by the service provider. However, this should only be done after the consumer has gone through the entire document, read all the parts of the agreement and decide that it is comprehensive and satisfactory to their needs.

In several instances, consumers often scroll to the last part of the agreement and click on the accept options before reading about the terms and conditions. In the currently increasingly busy world, most individuals either lack the time or the energy to go through such agreements to the very end. As a result, they end up accepting agreements that they are not actually conversant with which could have extremely dire consequences in their future. It is therefore not fair at all to hold consumers to these terms. This is because, the fact has already been established that most of them never go through the agreements and therefore they end up not understanding what pertains to their agreement when they accept the terms and conditions of the document.

In August 2014, there was a case presented by Kevin Khoa Nguyen on behalf of himself and others similarly situated versus Barnes and Noble Inc. The terms of agreement of the defendant was part of a browse wrap that had been posted on their website via a hyperlink text at the bottom of the screen. The explanation of the entire scenario was that the plaintiff website user- Mr. Nguyen had insufficient notice of Barnes and Noble’s Terms of use, and therefore did not enter into an agreement with them. The jury therefore held the notion that there was even no evidence that the website user had actual knowledge of the agreement, therefore the agreement held no water.




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