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I have to write terms and conditions of my website, but a doubt came on my mind. What if a user fake his own copy of terms and conditions? How can I demostrate that my version is the correct one?

emanuele
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  • How does someone fake terms and conditions? – John Conde Oct 24 '14 at 18:06
  • A user may save the terms and conditions on pc and can change whatever he wants. In a controversial the user can say that his version is the right one and that I have changed my version. – emanuele Oct 24 '14 at 18:17
  • Besides the fact no one would do that, the burden of proof would be on them to prove they have the real one. – John Conde Oct 24 '14 at 18:18
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    I don't think a judge would agree. – emanuele Oct 24 '14 at 18:21
  • Are you a lawyer? Shouldn't you be asking a lawyer legal questions? If you're not going to believe what we tell you then why ask the question in the first place? – John Conde Oct 24 '14 at 18:22
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    @JohnConde: I'm not sure that the burden of proof would be on the other party, necessarily. If both parties have a printed-out HTML file showing terms and conditions, and each of them says that those were the Ts&Cs which were valid at the relevant time, then I don't see any reason why the webmaster would be assumed to be correct and the other party assumed to be mistaken or lying.

    OP is asking a reasonable question IMO. One solution could be to have the website's Ts&Cs notarised as of a specific date.

     – A E Oct 24 '14 at 18:22
  • It would be the burden of the plaintiff to prove the TOS changed. It's always the burden of the plaintiff to prove wrongdoing. Otherwise we'd be buried in frivolous lawsuits. – John Conde Oct 24 '14 at 18:25
  • @JohnConde I am not lawyer, and you? I am only usinf common sense. I am asking here because I guessing is a common problem, but seems I am wrong. – emanuele Oct 24 '14 at 18:27
  • It is not a common problem for the reason I mentioned above – John Conde Oct 24 '14 at 18:27
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    You may be right, but something does not fit. Are public notaries then useless? – emanuele Oct 24 '14 at 18:32
  • @emanuele For legal documents, one of the oldest and most valid ways of validating the authenticity of a document is to print it and mail it to yourself. Do not open the mail. Simply file it for such a case. As well, keep all versions in a word style document and keep notes on changes in a simple log. – closetnoc Oct 24 '14 at 19:17
  • I agree this is a reasonable question in general, but if your site is relevant enough to worry about this, then you should be able to hire a lawyer. Stackexchange sites are a bad place to get legal info. Many people here are not from your legal jurisdiction or qualified for that type of advice. – JMC Oct 24 '14 at 20:06
  • I wondering if public key encryption may be of some help. – emanuele Oct 24 '14 at 20:09

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