Validity Of Clickwrap Agreements In India

Oct 13th, 2021 | By | Category: Uncategorized

The doubt, in this case, was raised by the court as follows: the Information Technology Act, 2000, made certain provisions for the legality and validity of online agreements, but no specific decree was issued as to the legitimacy of online agreements in India. That no particular agreement is concluded for the legitimacy of online agreements, it cannot be challenged for technical reasons. A Browsewrap agreement is essentially a license agreement for access to or use of materials on a downloadable website or product. Unlike a Clickwrap agreement, where the user must express his consent to the General Terms and Conditions of Sale by clicking on a “I agree” field, a Browse-Wrap agreement does not require this type of explicit expression of consent. On the contrary, a site user claims to give consent simply by using the product – z.B. by entering the site or downloading software…

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