Sometimes it is worth just showing the Terms and Conditions for the purpose of capturing the user's click-through that makes it all worthwhile.
It is impossible to make certain that users will read the terms and conditions. However, with the applications I have worked on, it seems that the act of acknowledgement of the terms and conditions covers the bases as much as the actual reading. What the acknowledgement does is provide an indication that the user was presented with the terms and conditions, and when they sign off on them, we capture that in a database so that we have proof of the acknowledgement. This is very important to us because we are usually telling our clients that if they use the information to trade, and the application is just for reporting, for example, they do so without our advisement and approval and basically, they shouldn't. If we have captured their acknowledgement, then we have at least some proof that it was seen. In the event of a major feature update, we re-release an updated acknowledgement and force it so the user has to accept it again. We capture this as well, so we have some modicum of protection. As to the usability of the document itself, that is really up to the involvement of the Business and Technology teams working on the document with Legal and Compliance. I have been involved in many of these meetings and have found Legal and Compliance very much willing to make the right statements. Oftentimes it is the lack of Business and Technology's involvement, in asking questions and explaining exactly what the application or site does and where the holes might be, that leads them to provide a "form" statement. Legal and Compliance wouldn't allow anything to be released if they had their druthers, because that is the ultimate protection. Jennifer Vignone User Experience Design [EMAIL PROTECTED] Andy Polaine <[EMAIL PROTECTED]> Sent by: [EMAIL PROTECTED] 10/27/2008 09:19 AM To IxDA List <[EMAIL PROTECTED]> cc Subject Re: [IxDA Discuss] Terms and Conditions with a twist It's such an insane way of thinking about T&Cs though because it assumes people actually read them. Nobody does. At least nobody that I know. I once told a legal team from a bank that calling the legal info "important information" was terrible because it isn't important to anyone except other lawyers. Certainly not someone using the website. They agreed to "legal information" on the button instead, which of course meant nobody read it but they were covered. Sigh. p.s. To answer your question, sort of, Apple's installers do something similar. They show a screen of legal cack, then when you just hit continue it pops up an "Accept" "Don't Accept" alert that you have to click on one of to continue. 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