Terms of Use on a website

lmahoney79

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.

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.)

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?

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

hullaballoo

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

NoQuarter

hullaballoo wrote: »

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

Amazing woman.