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Terms of Use on a website

  • 01-07-2013 10:45pm
    #1
    lmahoney79
    Registered Users, Registered Users 2 Posts: 1,111 ✭✭✭


    Are these actually legally binding? Has anyone who put terms on a website actually sought the opinion of a solicitor or just put them on the site and have people tick the box to agree to them?
    Not looking for legal advice, just wondered what others did about this.


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    They are professionally drafted. From time-to-time, smaller sites may just use a generic one that they've drafted themselves or copied from another similar site. (The last option is ill-advised, however; this is copyright theft, unless there is a copyright waiver.)


  • #3
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    hullaballoo wrote: »
    They are professionally drafted. From time-to-time, smaller sites may just use a generic one that they've drafted themselves or copied from another similar site. (The last option is ill-advised, however; this is copyright theft, unless there is a copyright waiver.)

    I'm not for one second questioning that the above is entirely correct but wonder if I might ask you to expand upon your answer please?

    What theory are they enforceable? Contract Law? If so is consideration the use of the web-site?


  • #4
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    They are legally binding. See Ryanair v. On The Beach, Laffoy's judgment of March this year. There are a number of judgments cited in her decision which state the same.

    http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/bfbe4f79fbdbdd3b80257b43003a56fa?OpenDocument


  • #5
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    You really have to admire Laffoy J., don't you? Incredible dilligence.


  • #6
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    hullaballoo wrote: »
    You really have to admire Laffoy J., don't you? Incredible dilligence.

    Amazing woman.


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