Quote:
Originally Posted by GeoffR
Then under consumer law the seller has an obgation to make that clear in their main message, not just include it in the terms and conditions.
Edit: What it all comes down to is that the terms and conditions are not allowed to contradict the main message. The main message is clearly about buying, with a big fat BUY button. But the terms and consitions contradict that when they say they are not actually selling, just licensing.
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Terms and conditions, especially click through terms and condidtions is a very nebulous area. One of the basic tenets of contract law is that you can't have a contract without mutual agreement on the terms. Some judges have upheld terms and conditions, others have tossed them.