Do you have a website or app through which you sell goods or
services? We have all accepted terms and condition online in one
form or another, but as a website owner have you questioned whether
they are all enforceable, or is one way better than another?
The form of acceptance an agreement takes when accepted online
is broadly referred to as a:
- Clickwrap agreement
- Sign-in wrap agreement; or
- Browsewrap agreement.
This article will look at the origins of these agreements, how
to identify each of them, their legal enforceability, and our
recommendations.
Origins
These awkwardly named agreements come from the concept of a
"shrinkwrap contract". This was used to refer to the sale
and purchase of goods, particularly software, which were
shrink-wrapped. The act of removing that shrink-wrap was
purportedly an acceptance of the terms and conditions of the
product contained inside. Initially, some were dubious of
the legal enforceability of this arrangement,
