Question
Lucy Smith became interested in enrolling as a member on Trident Ltds online discount service for goods and services in exchange for a monthly membership
Lucy Smith became interested in enrolling as a member on Trident Ltds online discount service for goods and services in exchange for a monthly membership fee. She decided to join up and linked to the enrollment page. The message on the enrollment page promised up to $20 off on select purchases including 10% to 40% savings at over 10,000 Participating Restaurants. The form required Lucy to enter her city of birth, credit card number, and contact information, as well as to create a password. Text on the enrollment page also stated that by entering ones City of Birth and password and clicking the YES button, the purchaser acknowledges that he or she agrees to Tridents Terms & Conditions. Lucy filled in the form completely and then clicked on the YES button. Within a few minutes, Lucy received an email from Trident outlining additional terms and conditions of her agreement with Trident, including a provision which prohibited Lucy from joining any class actions against Trident.
analyse whether there are defenses available that would eliminate or reduce the amount of liability.
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