Should we rethink the enforceability of “clickwrap” agreements?
If you’ve ever bought or downloaded any software, you’ve likely had to click that you agreed to the terms of a licensing agreement. And if you’re like most people, you never read the terms of the agreement. That means you probably have no idea what you agreed to. For example, 7,500 shoppers at an online website agreed to give their immortal soul to the website. Shoppers were given the choice to opt out of the immortal soul clause, and if they did, the vendor offered to give the shoppers a cash voucher:
Thousands of shoppers unknowingly signed their souls over to a computer-game store after failing to read the terms and conditions on their website.
GameStation added the "immortal soul clause" to online purchases earlier this month stating customers granted them the right to claim their soul.
While all shoppers during the test were given a simple tick box option to opt out, very few did this, which would have also rewarded them with a £5 voucher.
Considering how few people actually read these agreements, should we reconsider whether or not courts should enforce them?