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by nerdponx 1988 days ago
I am curious if there is any legal doctrine on this in any part of the world.
3 comments

In most EU countries ToS are pretty much void anyway because they tend to contain frivolous or illegal clauses. For example, a ToS is void in the EU that limits the consumer's rights for legal action in any way.

Here is a list of unfair contract terms that will likely cause an EULA or ToS to have no legal binding at all:

https://europa.eu/youreurope/citizens/consumers/unfair-treat...

In Turkey the precedent is that not only ToS'es and any kind of pre-written contracts have to be fair by law (ie punitive measures for the customer while there is none for the firm will simply be thrown out by the court) and not include any unexpected conditions. Some time ago, the higher court ruled in favor of a guy who simply claimed he didn't read the long contract and the unexpected conditions shouldn't have been enforceable.

Also all consumer disputes below a certain amount have to be resolved by consumer referees, so no binding arbitration clauses here either.

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