Mofo Moko c. EBay Canada Ltd.

Are your Terms of Use useless?

Vasyl Pop-Stasiv

Kyiv

14 April 2016

Nike Air Foamposite One Galaxy

50 000 USD

eBay in action

Law and Forum for Disputes (what eBay wants you to see)

This Agreement shall be governed in all respects by the laws

of the Province of Ontario and the federal laws of Canada

applicable therein. You agree that any claim or dispute you

may have against eBay must be resolved by court located in

Santa Clara County, California, except as otherwise Agreed

by the parties as described in the Arbitration Option

paragraph below. You AGREE to submit to the personal

jurisdiction of the courts Located within Santa Clara County,

California for the purpose of all Litigating such claims or

disputes.

What you actually see

Blah

Blah

Blah

Some text here you can’t change

What judge sees:

“6 ½ pages”

“dense text ”

“large number of options, conditions and

restrictions”

“which should be discouraged from even

attempting to understand them.”

WHY?

“de contrat d’adhésion” “art. 1435, 2 ième al. CcQ.”

“art. 1437 et 1438 CcQ”

“Article 634 of CC of Ukraine ” “1. Agreement on Accession is binding. The other party may

offer its contract terms.”

“2. Agreement on Accession may be modified or terminated

... [if] excludes or limits the liability of the other party … or

contains clearly burdensome conditions.”

2 issues to consider:

1. “Are the respondents consumers when

they concluded the contract with

eBay?”

2. “jurisdiction to the courts of Quebec”