In a ruling against Uber, the Massachusetts Supreme Judicial Court has determined that only linking to Terms of Service or terms & conditions on a registration page is not enough to bind users to them. The court found that “Uber’s terms and conditions did not constitute a contract with the plaintiffs,” since Uber did not require acceptance of the terms – in stark contrast to the process drivers must go through in which they have to agree to terms twice. This is a notable ruling, as many companies conducting business online make an effort to place as few barriers as possible in the process of creating user accounts or online registrations, and checkboxes for the acceptance of terms are often seen as barriers. But the court noted, “As Uber is undoubtedly aware, most of those registering via mobile applications do not read the terms of use or terms of service included with the applications.”
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