Technology
The Length of Time People Spend Reading Terms and Conditions
The Length of Time People Spend Reading Terms and Conditions
Terms and conditions (TCs) are a necessary part of digital interactions, yet many users often skim or skip them entirely. In a survey of 1,000 participants, only 12% reported carefully reading TCs, while 88% admitted to just clicking 'Agree' or 'Accept' without delving into the details.
Skipping TCs for Efficiency
The process of reading TCs can be a time-consuming task, often filled with complex and sometimes incomprehensible legal jargon. This complexity can be a deterrent for even the most diligent users. A user-friendly guide, such as TermsFeed, can help simplify the process, but many people still choose to skip the terms for efficiency.
Corporate Practices and User Behavior
Companies may intentionally obfuscate their TCs to protect from legal liabilities. For instance, a banking application's TCs might include lengthy and confusing clauses. Yet, despite the complexity, users frequently believe that they are compelled to agree to these terms to use the application. This phenomenon can be attributed to the psychological belief in 'binding contracts' and the fear of missing out on digital services.
Personal Experiences
In my experience, my wife (now ex) and I, both working in finance, have always been meticulous in reading the terms and conditions of any contract we sign. We are always on the lookout for 'gotchas'—unforeseen clauses that could pose financial risks. However, the TCs of digital apps are often meaningless as a legal agreement, especially when you cannot use the app without accepting the TCs. The legal stance is that any agreement without the user's voluntary consent is not valid. Despite the current legal position, courts have not yet delved into the specifics of digital TCs.
Legal and Ethical Considerations
From a legal standpoint, the enforceability of TCs is often questionable. Typically, for a contract to be valid, it must be an agreement that both parties have willingly entered into. Courts might find it hard to substantiate a contract where a user clicked 'Agree' without understanding the terms. However, app developers and companies continue to use these clauses as a form of risk management and protection. This leaves users in a complex and often frustrating situation.
Proposed Solutions
For users, simplifying the language and providing clear and concise summaries of key points may be the best approach. For companies, clearly outlining the implications of TCs and providing a simpler alternative for users to give consent can help mitigate the issue. There is a need for a balance between legal protection and user friendliness.
Conclusion
While users often skip TCs for the sake of time and convenience, the legal and ethical implications of doing so remain significant. Understanding the terms and conditions, even if it’s a brief overview, can protect users from unintended consequences. It is crucial for both parties to ensure that the agreement is clear, voluntary, and transparent.