Many websites and computer applications require users to agree to "Terms and Conditions". However, few users actually read them. Are such conditions halachically binding? Does it depend on whether such conditions are reasonable in some way?
Asked
Active
Viewed 313 times
10
-
1similar http://judaism.stackexchange.com/questions/36924/checking-the-i-have-read-box – May 07 '14 at 20:48
-
I remember hearing/reading recently that it WAS binding, although since I don't remember the details or any sources, I can't write an actual answer. – Salmononius2 May 07 '14 at 21:31
-
You're signing a contract and agreeing to its contents. You only have yourself to blame if you don't know what you're agreeing to. – Shmuel May 07 '14 at 21:55
-
1@Shmuel Do you have a source? – Ypnypn May 07 '14 at 21:58
-
Many programs now require you to scroll to the bottom, to compel you to actually read it. – Shmuel May 07 '14 at 21:59
-
@Shmuel It compels you to scroll past it, not to read it (and certainly not to understand it). – Ypnypn May 07 '14 at 22:00
-
Discussed here: http://www.academia.edu/662912/ – Shmuel May 07 '14 at 22:08
-
The presumption is that if you're scrolling past it, you're reading it. – Shmuel May 07 '14 at 22:09
-
1Similar: http://judaism.stackexchange.com/q/13577 – msh210 May 07 '14 at 22:28
1 Answers
3
The signature of a person on a contract or on any other document involved in any form of transaction between two or more parties is considered be an absolutely valid Halachic Kinyan. A person who has signed such a document may not back out of the agreement that he has signed without the express permission of the other party involved.
The signature of a person on a document constitutes agreement to all terms mentioned in the document, even if witnesses testify that the signer did not read or understand all of the terms mentioned therein. Therefore, before signing any document a person should carefully examine everything mentioned in it, or ask someone whom he trusts to explain to him what exactly it is that he is signing to.
The Halachos discussed above are stated explicitly in the Shulchan Oruch (Choshen Mishpat 69:1), in the Shach there, in the Nesivos in Biurim, and in the Teshuvos HaRashba (Siman 77).
http://www.torah.org/advanced/business-halacha/5757/vol2no33.html
(This answer assumes the digital EULA\Terms and Conditions is a valid halachic contract, and the checkbox is a valid halachic signature. Whether this is true is asked here and here.)
-
+1 as that's very relevant, but note that the question is about digital agreements rather than signatures on documents. – msh210 May 07 '14 at 22:50
-
@Shmuel I have had this arguement with a dayan here. I maintain otherwise. In secular law if one provides a standard contract he has to tell him if there is any small print. Jewish law is no different. – preferred May 07 '14 at 22:55
-
-
@preferred - I don't understand your point. All the print, large and small, is presented to you. This question is about whether you agree to it without reading it. – Shmuel May 07 '14 at 23:15
-
@Shmuel I wrote a standard contract of which there are many. If someone changed it or gave the impression that it was a standard one when it really contained small print and did not tell him his signature does not count – preferred May 07 '14 at 23:26
-
@preferred That assumes you know what's contained in a "standard contract." EULA and T&C's vary enough that I don't think one can consider them to be "standard." But now we're getting into semantics, and I think my general answer is valid. – Shmuel May 07 '14 at 23:50
-
@Shmuel A standard contract is a normal contract usually bought off the shelf like for renting. One can expect that it is the same as everyone else's. If someone wants to add extra clauses he has to tell the tenant and not just rely that he has read it. – preferred May 07 '14 at 23:55
-
1@Shmuel A further objection to comparing this to a regular contract is that the parties do actually intend to abide by that contract. In an EULA, it could be that because so many people do not read the contract, the user is not expected to do so. Therefore, a normal contract is binding because both parties can at least reasonably expect the other to sign with 'daas makneh' (intent to relinquish rights), even if in actuality the signatory is unaware of the specific details. However, an EULA might not come with that same expectation. – הנער הזה May 09 '14 at 07:44
-
@Matt - Possibly, and I have read things along those lines. However, I certainly think the user is expected to respect the EULA ("do not copy, do not modify, etc"). Also, as stated above "This answer assumes the digital EULA\Terms and Conditions is a valid halachic contract" – Shmuel May 09 '14 at 22:27