Home Forums Selling online Check box for Terms and Conditions

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    Gary Francis
    • Total posts: 5

    Hi folks
    Not sure this is the right forum, but here goes.
    We take small group tours of Italy. Currently when making a booking our clients print, fill in and sign our booking form, then either mail it or scan and email it to us.
    We’d like to have an online form instead, but we do need them to accept our Terms and Conditions, which by signing they are doing.
    Instead, can we put a checkbox on the online form, with a line like ‘By ticking this box I acknowledge that I have read and understand the Terms and Conditions’, with a hyperlink to the T&Cs? Does that cut it legally?

    Dave – FS Concierge
    • Total posts: 2,526

    Hi Gary,

    That seems to be the way it’s done a lot online. Keep in mind, many will not read them, so if it’s important those T&Cs be read and understood, then consider a separate email or standalone form.


    • Total posts: 2,344

    Hi Gary

    Whilst not my area – I think you’re best served by having the Ts & Cs set out on the same page as the ‘I agree’ box than a hyperlink… See https://www.corneyandlind.com.au/resource-centre/commercial/enforceability-of-online-contracts-click-wrap-agreement/ as a good write up of online agreements.

    So yes, it can ‘cut’ legally… but my understanding is that by having the ts & cs in front of the prospect at the time of ticking will likely have stronger legal weight than asking them to click a hyperlink.

    You should, though, speak with a lawyer on this one.. particularly as your services are at least partly provided in another country to ensure that your Ts & Cs cover both jurisdictions, and, that the method of agreement is suitable in both countries.

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