Legal Definitions - web-wrap agreement

A web-wrap agreement, also commonly known as a click-wrap or point-and-click agreement, is a type of legally binding contract formed online. It occurs when a user indicates their acceptance of a website's or application's terms and conditions by performing an affirmative action, such as clicking an "I Agree" button, checking a box, or clicking a button that explicitly states it signifies agreement to terms. The full terms and conditions are typically made available to the user, often through a hyperlink or a scrollable text box, before they complete a transaction, download software, or access a service. By taking the specified action, the user signifies their understanding and acceptance of the presented terms, thereby forming a contract with the service provider.

• Example 1: Software Installation

  Imagine you are downloading a new productivity suite for your computer. During the installation process, a window appears displaying the End-User License Agreement (EULA) in a scrollable text box. To proceed with the installation, you must click a button labeled "I accept the terms of the License Agreement" before you can click "Next" and complete the setup.

  Explanation: This scenario demonstrates a web-wrap agreement because you are presented with the software's terms (the EULA) and are required to affirmatively click a button to indicate your agreement. Your click forms a contract, binding you to the software's usage rules before you can even begin using it.

• Example 2: Online Course Enrollment

  A student is enrolling in an online certification course. On the final page of the registration process, just before submitting payment, there is a prominent checkbox that states, "I have read and agree to the Course Enrollment Terms and Conditions and the Refund Policy," with clickable links to both documents. The student checks the box and then clicks "Enroll Now."

  Explanation: This illustrates a web-wrap agreement because the student is explicitly required to acknowledge and agree to the course's specific terms and policies by checking a box before they can complete their enrollment and access the course materials. Their action of checking the box and clicking "Enroll Now" creates the contractual agreement.

• Example 3: Cloud Storage Service Signup

  When signing up for a new cloud storage service, after entering your personal details, the final step before creating your account involves a statement that reads, "By clicking 'Create Account,' you agree to our Service Agreement and Privacy Policy," with hyperlinks provided to review these documents. You review the information and click "Create Account."

  Explanation: This is a web-wrap agreement because the cloud service provider has clearly stated that clicking the "Create Account" button signifies your acceptance of their Service Agreement and Privacy Policy. Your action of clicking the button, after being informed of the associated terms, creates a binding contract for the use of their service.