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Comment by alerighi

7 hours ago

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.

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.