In the current times, website design is a basic step for business operations. The design must be balanced, with attractive features and easy-to-use interface. The user interaction has to be accounted for, the visit locations, how the website flows. And with that, various user agreements are also in place to prevent liability for certain actions, or to impose restrictions on what an individual can do on the website. So, how might this be enforced? What if there were difficulties in the website design that would render the clickwrap agreement invalid? How might this be decided?
What is a clickwrap agreement?
Now, as we’ve discussed before, a clickwrap agreement is a virtual agreement, made when a digital product is delivered online. This could be anything from a song over iTunes, or an eBook over Nook or Kindle. The idea behind this sort of agreement, differentiating it from a similar “browsewrap” agreement, is how the individual using the page does not need to explicitly assent to the agreement. This would be like a link that takes a user to a page with the full terms or a popup with the ability to assent, by clicking “I agree” or “I accept” the terms and conditions.
How might the design mitigate the agreement?
If you have questions about your clickwrap agreements, or other e-commerce related issues, you may contact us to set up an initial consultation. At our law firm, we assist clients with legal issues related to business, technology, and e-commerce transactions.