Whether you know it or not, when you click on the "I agree," "Accept," etc. button on a website, or sign a contract for phone service, etc., you are probably agreeing to give up your constitutional right to take that company to court if something goes wrong and you are injured somehow. Instead, you are often agreeing that you will take any disputes you have with the company to binding arbitration, wherein a 3rd party will listen to your dispute and make a decision which is not reviewable by a court. Our courts have upheld these agreements under the theory of "freedom to contract." Basically, they are not going to stand in the way of you entering into contracts with others with whatever terms you both agree upon (whether you read the terms or not before agreeing). Many consumer groups allege that these terms are often buried in the middle of extremely complicated and lengthy contracts which no one reads, in addition to being in contracts that you do not get to negotiate. You either take it or leave it as written, and often you do not really have the choice to "leave it." What are your thoughts on this topic? Is it fair to consumers? Is it ethical for a company to require you to give up your right to go to court in order to purchase their product, service, etc.? Why or why not?
Answer:
Our thoughts on this topic: We feel that these terms and condition are become the part of process for accessing the websites. The websites made these terms and conditions as compulsory. Without agree, one cannot visit to the website. Even most of the website user did not care and they simply tick the “I agree” option, so that they can easily move to the desired page of the website. Though the “terms and conditions” are mentioned on the website, but they are not of any use for the company as well as user point of view, because both are making it part of the formal process and none of them are making it seriously. The website company needs to provide the option for “agree” and “disagree” both, so that user can select the right option. But website only provide the “agree” option, where the user do not have other option and he simply tick the “agree” option. Though company is able to get the user signing off, but actually it does not fulfill the purpose of the company.
No, it is not fair to consumers , because consumers were not aware what the “terms and conditions” are mentioned in the website and they do not have time to go through the whole lengthy documents. Website company use the benefit of urgency of consumer and get his signing off on their terms and conditions. Hence this is not fair and this is unfair practice. The company needs to have proper fair process, where the user can read the contract document properly and can have his option either “agree” or “disagree”
No, this is not ethical for a company to require us to give up our right to go to court in order to purchase company’s product, service, because as per ethical process the consumers have the right to go to court if they are cheated or mis-supported by the company upon purchase of products or service or the company. This is the right of the consumer to seek help from court if they have not received the products or service as per specifications. If the company stops these process, then this will term as unethical process.
Whether you know it or not, when you click on the "I agree," "Accept," etc. button...
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