A web-wrap agreement, also referred to as a point-and-click agreement or click-wrap licence, is an electronic agreement that a computer user agrees to by clicking on a designated area on the screen. This agreement may only need to be accepted explicitly once, but it may also contain a provision that necessitates continuous acceptance of any modifications to the agreement’s terms. It bears resemblance to a shrink-wrap licence, but it is presented electronically rather than physically.
A web-wrap agreement, also known as a point-and-click or click-wrap agreement, is an electronic contract that users agree to by clicking on a button or link on a website. For instance, when downloading software, users may be prompted to agree to the software’s terms and conditions by clicking on an “I Agree” button. This action establishes a web-wrap agreement with the software company. While web-wrap agreements typically require express acceptance only once, they may include a provision that necessitates ongoing acceptance of any changes to the agreement’s terms, even without user notification. Ultimately, web-wrap agreements serve as a means for companies to safeguard their intellectual property and ensure that users are informed about the terms and conditions of using their products or services.
A web-wrap agreement is a type of contract that is presented to users of a website or online service. It typically appears as a pop-up or a checkbox that users must agree to before accessing the website or service.
The purpose of a web-wrap agreement is to establish the terms and conditions that govern the use of the website or online service. It outlines the rights and responsibilities of both the user and the website owner.
Yes, web-wrap agreements are generally considered legally binding as long as certain conditions are met. These conditions include providing clear notice of the agreement, obtaining the user’s consent, and ensuring that the terms are reasonably accessible and understandable.
Yes, a web-wrap agreement can still be enforced even if the user did not read it. Courts often presume that users have agreed to the terms if they had a reasonable opportunity to review them and proceeded with using the website or service.
Yes, a web-wrap agreement can be modified, but the process for modification should be clearly outlined in the agreement itself. Typically, the website owner has the right to update the terms and conditions and notify users of the changes.
Yes, a web-wrap agreement can include arbitration clauses or class action waivers. These provisions can limit the user’s ability to bring a lawsuit against the website owner and instead require disputes to be resolved through arbitration or on an individual basis.
Yes, a web-wrap agreement can include provisions that limit the website owner’s liability for certain types of damages or losses. However, such limitations may be subject to legal scrutiny and may not be enforceable in certain jurisdictions.
Enforcing a web-wrap agreement against minors can be challenging. Minors generally lack the legal capacity to enter into contracts, so the enforceability of the agreement may depend on the specific laws of the jurisdiction and the nature of the website or service.
Yes, a web-wrap agreement can include provisions that protect the website owner’s intellectual property rights. This may include restrictions on the use of copyrighted content, trademarks, or trade secrets.
Yes, a web-wrap agreement can be terminated or revoked. The agreement should specify the circumstances under which it can be terminated, such as by the user closing their account or the website owner discontinuing the service.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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