pretty much. correct me if I am wrong, but these T&C treated like "local" laws (in respect to interaction of client and business within their interaction) within most jurisdictions by courts.
so even if T&C does not make sense, usually courts are in favour of enforcing them.
unless some severe contradiction with constitution or alike, or serious harm to people or something, they would throw away T&C in cases. but AFAIK that is rare.
No: T&C cannot override the law, that is a national/EU law is still superior to anything that is written in the T&C. If there is a contrast between T&C and the law of course that T&C are just scratch paper.
Nobody claimed that this wasn’t the case.
Noone is claiming T&C overrides the law, but most laws (even here in EU) give a lot of leeway to contracts (which T&C is an example of) in cases where law doesn't establish any extra positive right.
And there's no law demanding you get access to a proprietary system (as of right now) that would override a T&C restriction.
Definitely not. you cant have T&C that are against the law, event if consumer has agreed to that. Like you cant sell your kidney even if you want to. Its illegal.
> T&C treated like "local" laws. so even if T&C does not make sense, usually courts are in favour of enforcing them. unless some severe contradiction with constitution or alike
It's not a "law", it's always under the law like any contract. And a court will not enforce illegal terms unless something very shady is afoot. The law always takes precedence, Even "lowly" laws, not just the constitution. In case of conflict the law wins so you can't have illegal provisions in the T&C even if you agree to them. They can give you extra rights but they can't take away the ones you have legally.
The principle is simple, the company isn't allowed to ask for illegal things. Your agreement is irrelevant because you are not entitled to legitimize an illegal demand.
The problem is you need to go to court if the company won't cooperate.
That's how local laws work. The higher jurisdiction always takes precedence over the more local one.
I'm saying that T&Cs are not like any kind of law but like a contract and they are not treated like "local law" in court.
Laws work like that because there's a hierarchy in the legal system too but that's about it for commonality.