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Registration button and next to the text "I agree with the offer agreement" unchecked - is it legal?
There is a website, on it there is a registration button (or buying something at the same time as registering). Next to this button there is a TEXT: “I accept the terms of the offer agreement” (moreover, “offer agreement” is a link that, in fact, opens the text of the agreement in the pop-up).
Moreover, there is no checkbox nearby, the user does not cock it. Only button, text and link.
Question: how admissible is such a scheme? I heard somewhere that the explicit cocking of the checkbox is not mandatory, and the very action of the user on the site is already a confirmation of the fact of his agreement with the offer (especially since the link to the offer is explicitly placed next to the button). Yandex has registered for some services, at least that's how it's done.
But is there any official confirmation? Give me a link please.
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analogy with a check in a store:
In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for the Goods by the Buyer is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the terms set forth in the offer.
Registration (purchase, other actions) following the pressing of the button is an acceptance of the offer, because:
1. you are notified of the offer
2. knowingly perform your actions after notification of the offer
IMHO, legally there is no difference whether there is a jackdaw or not, you are performing an action defined as an acceptance of an offer. You can, of course, try to prove in court that you sent a request like POST /offer/accept completely by accident or not at all, but the cat opened a firebug and typed the request, but something tells me that in a civil case the court will not accept it.
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