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  1. #1
    Join Date
    May 2002
    Posts
    49

    Is popup confirm legal?

    Hi there,

    I'm currently building an e-commerce site for a client where when the customer clicks the checkout button they are presented with a little javascript box that say something along the lines of "by clicking ok you agree with the terms and conditions. If in doubt click cancel..." etc.

    Its a custom designed site whereby having a conventional tick box will be a bit of a pain to put in.

    Anyway my question is if there was some sort of conflict could the customer say that they were using a browser that doesn't support the confirm command?

    Any inputs appriciated.

    Thanks.

  2. #2
    Join Date
    Dec 2000
    Location
    Leesburg, VA
    Posts
    3,205

    Re: Is popup confirm legal?

    Originally posted by g4p

    Anyway my question is if there was some sort of conflict could the customer say that they were using a browser that doesn't support the confirm command?
    I certainly cannot offer you any legal advice regarding this, although my understanding is that "click signatures" are accepted as a binding contract...your best bet is to consult a lawyer who is familiar with Internet-based transactions.

    From a technical perspective:

    All browsers support forms, which is what you would use for this type of set up, however not all browsers support JavaScript. In addition, some user prefer to diable JavaScript in their borwsers, and others use popup killer software. These users will never see the popup, so they would not necessarily be bound to your agreement.

  3. #3
    Join Date
    Apr 2001
    Location
    Palm Beach, FL
    Posts
    1,095
    Maybe you could put text (that stands out) right before the checkout button/link that reads something like:

    "By clicking the submit button below, you agree to our Terms of Service and you are legally bound to them. To read our Terms of Service, please click here. "

    Or something... I wouldn't use javascript or popups. If you did, I wouldn't see either.
    Alex Llera
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  4. #4
    If this is regarding a credit card transaction, I know that Visa or Mastercard does not accept that type of "signature"
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  5. #5
    Join Date
    Aug 2001
    Location
    NE Ohio
    Posts
    502
    Originally posted by allera
    I wouldn't use javascript or popups. If you did, I wouldn't see either.
    I agree too. There are several popup-killer programs out there (I've got one installed) that'll automatically close any JavaScript related popups windows. So, some people might not even know there is a legit popup from your site so they can disable or bypass the software to view it.

  6. #6
    Join Date
    Aug 2001
    Location
    Connecticut
    Posts
    242
    Instead of a popup, after the user clicks submit with his info, you should have another page come up after it before the order is sent.

    On this page, you state "You must agree to the following Terms and Conditions" List them, and at the bottom, put the agree/disagree option.

    When the agree is clicked, the info is submitted.

    I think that this is the only legal way.

  7. #7
    Join Date
    Jan 2002
    Location
    Toronto, Canada
    Posts
    187
    Check you state/provincial legislation. Certain places such as Canada and Europe have enacted specific digital signature legislation that can make 'confirm' buttons legally binding, but it will depend on your local laws. Also, any new case (which such a dispute would be) will likely involve expense legal fees.
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