Before you go on reading, it can get slightly legal but important for someone like you or me tot be aware of.
It is hard to imagine a life without being socially active, especially on social media because life has found a way to treat itself with all the privileges of technologies. Technology development has come a long way and made most of our life easy. In this new world, meeting someone is not necessary for having a conversation with and we don’t have to wait for days for someone’s reply as we did in the old days through letters. Those times were not bad too though the current usage of technologies is what everyone seems to be enjoying to the fullest. We have got Big Brother-Twit-Snap-Insta-Book-face or referred as BBTSIBF to explore more ways to socialize our lives to the public, reach out to our loved ones through instant messaging, email or even video calls, do online shopping for groceries or online banking, playing online games, posting videos or photos and get virtual health advice. However, we are not aware of the risk that is carried along with the pleasure of using these technologies, there could be legal implications considering those risk.
Every time, we download or open a website for using any of these social platforms, on a general note, it requires us to legally bind into a contract with them consisting questions of acceptance on the terms and conditions provided by them through a single click, which are practically very long for any normal person to read and you are already in a bonded contract. An individual may face risk associated with these contracts provided conflicts with the terms and conditions for the respective application as these details are generally accepted unread by the public. These Contracts are known as Clickwrap contracts which are identified as ‘take it or leave it”, made for the mass public looking for similar services and protection to some extent from these contracts is offered in contract law for not only in social media but any clickwrap contracts. Although the main concern here is to aware of the public of consequences of their actions in regard to social media.
Statistics depict that 72% of the public is on social media as we know, it is a platform where people can meet new people from any country, there is no limit. It not only allows the connectivity among the people but maintains the long-distance relationships among friends, family and business partners. An International student studying miles away from home feels close to the family only through the video calls provided by the developed technology. Inter-Country business meetings are also made possible through the latter. It provides a way for the people to share their life experiences with a massive world and reach out to them in a simple way. This technology is not only utilized by the public but as well as the Government who can now easily deliver any important information to the public in minutes by twitter or Facebook or even YouTube through a post. During the Pandemic of 2020, the COVID-19, to keep the classes ongoings the universities and the colleges have taken full advantage of the technology provided by Zoom. Online banking is another essential requirement nowadays that allows people to check, deposit or transfer money sitting at home. These applications not only make the work easy but saves ample of time and money spent on ques in bank or travelling. This new technology has brought fresh trends of making videos of personal lifestyle, upload photos, people making a vlog, becoming fashion bloggers, travel bloggers and many more. For those who have not been able to reach to the world by their talent through an application of the job, have done so by demonstrating it on the platform provided by the media or even starting their own startup. With no doubt, the marketing of such programs and business are also performed here. All of the applications require acceptance for the various terms and conditions mentioned respectively in each.
The risk to any legal implications can be avoided as long as an individual abides by the rules. In contrast to these contracts, the terms and conditions offered by the applications cannot be amended according to our likings and perhaps aren’t required as well. However, it is our responsibility to be aware of these conditions and the consequences that come with it, even if the acceptance was made for our pleasure time. A single click of acceptance of terms and conditions mentioned before logging into the account binds us to a contract with it. A contract requires an offer which is provided by showing the terms and conditions and the acceptance to the offer is considered by clicking “I agree”. These types of contracts are known as clickwrap contracts understood to be Adhesion contracts, made for multiple potential accepters where negotiation is not possible or feasible that are why they are referred to as “take it or leave it”, for example, the contracts prepared for Insurance known insurance agreements that imply, you have to agree to all applicable terms in order to be insured. These were specially designed for non-negotiable agreement because negotiations in an insurance contract are believed to be not realistic and allow small scale bargaining if applicable at all.
A similar risk may be seen in social media contracts that consist of non-negotiated contracts. Now that accepting to those offers infers the syncing of contacts, notification, accessing photos, location and battery life which are by and large the common information that is linked and stored in the system given your unnoticed consent. The messages that are sent between the people are also being stored even if its deleted. Everything you post or sent as the text is read by someone, somewhere you don't know. This information can be misused to track someone or hack the account or forward the contacts to an undesirable spot without our consent. The main problem to these applications is that the terms and conditions that are served to be accepted are not made entirely visible, but they provide a link to check them. A contract requires reasonable notice of terms and conditions. Until a person opens and reads those terms and conditions, they do not get to be aware and more often make a decision regardless of it, in the curiosity to use the applications. The terms and conditions may contain the consent to change the ‘terms and conditions’ anytime without any notice. As mentioned in the terms and conditions of Instagram, they are not under any obligation of keeping any content confidential and any posted content can be owned by them but used anywhere as they please. Acceptance to any contract regardless of the terms and conditions in it may cause legal risk. Having been aware of the terms and conditions allows a rational-legal person to avoid the conflict between their interest and the contract, which may also be created by identity fraud.
Likewise, for any contract to be binding, an individual has to be capable of binding into a contract that implies, it requires them to be over 18. Minors in the enthusiasm and freedom of access to these applications tend to create accounts misrepresenting themselves to being adults. Protection cannot be claimed if the fault lies on the individual (an adult) lacking the responsibility of reading the terms and conditions but if the terms and conditions were not provided and were mentioned after the acceptance of the contract, one can appeal for the contract to be void.
It is the responsibility of an individual to read the terms and conditions of the application before enjoying access to its technology. Social media including BBTSIBF may contain very pleasant and amusing activities and every individual should take advantage of it according to their comfort but not at the risk of any legal issue arising from it. The Adhesion contract given by the applications requires an individual to be aware of conditions and the consequence for the protection that need to be pursued. There is no harm in using these applications or knowing the terms and conditions, the law provided for these contracts is to protect the public and provide the freedom of taking fullest advantage of the technology to make your life easy.
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