Browse Wrap Agreements Catch Notice Of Courts

In September 2011, the British Columbia Supreme Court delivered its decision in Century 21 Canada Limited Partnership v. Rogers Communications Inc. [doing business as Zoocasa Inc.], 2011 BCSC 1196 (Zoocasa). This is among the first cases in Canada to test the boundaries of "browse wrap" terms of use agreements commonly employed by Internet websites.

Unlike its cousins the "shrink wrap agreement" and the "click wrap agreement", a browse wrap agreement is one that does not require the acceptance of a contract to be indicated via some affirmative action, like removing a plastic wrapper or clicking an "Agree" button. All that is required is for the user to continue using the relevant service or product after being made aware of the product's Terms of Use.