What is a Terms and Conditions Agreement?
Terms & conditions agreements are used with regularity in many different applications. For example, the rental of a DVD evokes a terms & conditions agreement that one will not copy the DVD or use it for any other purpose than personal entertainment. If one purchases a warranty with a new car, one will frequently sign a terms & conditions agreement that specifies as to what repairs are covered or not covered under the warranty. Signing the terms & conditions agreement represents that one understands the scope and limitations of the warranty.
Most frequently one sees terms & conditions applied to the use of websites, for example, wiseGEEK. When one uses wiseGEEK, the terms & conditions of use are clearly delineated on the wiseGEEK web page. A user essentially agrees to the terms & conditions prior to using the site.
These terms & conditions include a statement that wiseGEEK material exists under copyright law. WiseGEEK also disclaims liability from people using the site to govern their actions. So, for example, answers to medical questions or answers about financial matters are not meant to be taken as advice or substitute as advice from professionals. Further, wiseGEEK disclaims liability for the advertisements featured on wiseGEEK pages, called third party liability.
When surfing the Internet, it is an excellent idea to read terms & conditions of use prior to using different sites. Occasionally, a terms & conditions agreement will bury text about giving out one’s name or email to other sites, which can result in a lot of spam emails, or even telemarketing calls and snail mail spam.
As well, sometimes terms & conditions are important to keep a site running in a way that will not expose the owners of the site to liabilities. For example, some gaming sites use terms & conditions agreements to help protect younger gamers from unwanted attention. People who use foul language on a gaming site, might, under the terms & conditions be barred from further use.
Term & conditions agreements are not limited to Internet use. In fact, virtually every household appliance one buys will come with terms & conditions agreements. Sometimes terms & conditions are printed out on cashier’s receipts. Most often they are used to protect the seller from prosecution if the person uses the household appliance in way that is not intended.
It is unclear how binding terms & conditions agreements actually are. Unless one actually checks a box or signs an agreement, it is hard to know to what extent terms and conditions actually legally protect someone. In most cases, however the statement of terms & conditions is enough to protect the owner of a website, or the seller of a product or warranty from costly prosecution.
Written by Tricia Ellis-Christensen
