Buying online? Read the user agreement

There are many people who accept the user agreements on websites without reading them and give up many of their rights. 

When Mumbai resident Ritika Desai was browsing through an online portal that offered free filing of income tax, a 10-page 'terms & conditions and privacy policy agreement' popped up on screen. The print was too small and the sentences too long, so Desai clicked the 'I agree' button without much thought and went ahead with the tax filing. After a few days, she was flooded with calls from financial planning firms and banks offering investment products. 

"I thought it was a telemarketing gimmick, but when some callers mentioned my bank account details, I knew something was amiss," she says. On probing one caller, she found that the tax filing portal had released her information to them. When a livid Desai called up the portal, they told her that she had given them the right to share the information as per the terms & conditions. "Since I had clicked on the 'I agree' button, there was nothing I could do to stop them," she says. 

There are many like Desai, who accept the user agreements on websites without reading them and give up many of their rights. "People think these agreements are not significant enough to cause damage. Besides, they are so lengthy that it is boring to go through each and every point," says Ravi Goenka, advocate, Goenka Law Associates. So what should you do? 

Watch out for
Ideally, you should read every line in the user agreement. If you find it too tedious, here are some tips that will help you understand what you are agreeing to. The first rule is to read anything that is in all-caps or bold or highlighted. The fact that the text has been highlighted means it is important. Second, hunt for key clauses that will be most relevant to you by using CTRL + F and typing in the keywords (see Keywords to find...). This will take you instantly to the clause that matters. 

When you are availing of a service through a website, the most important thing is to understand your ownership rights, as well as that of the website. For instance, while using a website to share content like documents or photos, you need to be clear about the website's rights over these. Some user agreements are drafted to give the website hosting your work the right to reproduce it. Some social networking sites also reserve the right to use your photos for commercial purposes. Apart from ownership, you must also understand the right of the website to share your information with third parties. 

For instance, in Google's terms of services, there is an entire section dedicated to 'your content in our service', which explains the service provider's right to your content. It also has a section that covers misuse of service. If you use it in any way other than that mentioned in the service, you can be sued. 
If you are purchasing online products, you will need to look out for points that are different from that for a service. Watch out for disclaimers, which free the seller of liability in case the product you receive is damaged or substandard. Second, understand the website's payment policy—whether it is online, through cash, or on delivery. 

When it comes to monthly subscriptions, pay attention to the cancellation policy. Generally, websites have an option that allows you to unsubscribe, but it could come at a cost, say, without a refund or after deduction of a certain percentage of payment. If you are buying software, make sure the company does not slip in additional content like a program or adware that you do not want. Usually, when the firm does this, it protects itself by mentioning the content in the agreement. 

What can you do?
You cannot ask the company to change the clauses if you don't agree with them. However, if you accept the agreement and realise that the company has violated your rights, you can approach it. If it does not solve your problem, you can file a case of deficiency of service in a consumer court, but watch out for the arbitration clause. If there is such a clause, you cannot file a case in the court and will have to mandatorily settle the matter through arbitration, that is, via a panel set up to hear and settle the issue. Typically, the arbitrators are decided by both parties, but sometimes, the user agreement contains a clause that allows the company to appoint arbitrators. Again, there is little you can do if you feel the company is not being fair
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