So, is it necessary to read these terms?
Understanding Website/Mobile App Usage Terms
Apart from obtaining your express consent to use, process and store personal information, the legal fine-print makes you agree to receiving pre-programmed location alerts, updates regarding the services and details on advertising campaigns and promotional offers. It allows the website/mobile app owner to disclaim any liabilities, set, track cookies.
One may believe because no one reads these terms, they are not binding. However, from the legal perspective, terms constitute a formal agreement between the user and the service provider. The UAE Law on Electronic Transactions and Commerce Law provides that an on-line contract may be concluded between two or more automated electronic systems; without personal intervention, and such contract shall be valid under law.
Let’s say you are using a website to buy certain crucial medicines, it is of utmost importance to read website terms to ensure available remedies in counterfeit cases. Or, if you are booking air tickets through a mobile app, it may be helpful to read the terms to ascertain rights in case of unnecessary rescheduling or baggage damage.
The court may decide to strike out such terms in extremely vile clauses, ignorance of law has never been accepted as an excuse and the law still requires user to be cautious. For all you know, with a tap of your finger, you may be agreeing to something that you did not intend to agree on.
Authored by Cherry Bhatnagar (Senior Associate)