CLICK WRAP AGREEMENT – A ROAD TOWARDS DEVELOPMENT OR A ROAD TOWARDS PROBLEMS

AUTHOR – RISHI RAJ NANKANI, NEW LAW COLLEGE, BHARATI VIDYAPEETH (DEEMED TO BE) UNIVERSITY, PUNE

Best Citation – RISHI RAJ NANKANI, CLICK WRAP AGREEMENT – A ROAD TOWARDS DEVELOPMENT OR A ROAD TOWARDS PROBLEMS, ILE CONTRACT LAW REVIEW (ILE CLR), 1 (1) of 2023, Pg. 14-17, APIS – 3920 – 0030 | ISBN – 978-81-961791-2-0.

Abstract

In the present day world there has been a fast paced development in the field of technology and this development has spread its wings in every corner of the globe. With this development there has also been a development in the field of software and internet technology. Software companies and companies which are using internet as place of business have gone global and are now serving millions of users at a same time. Examples can be taken of Microsoft, Google, Facebook etc. Companies or organizations like them are now having millions of people as their users or customers and these organizations do not have enough time to negotiate their terms of contract with each of their customers specifically, so in order to resolve this problem these software companies use a form of standard contract called Click Wrap Agreement. In this form of contract the user or customer has to either agree with the contract in order to use the software of the said company or has to simply decline the contract and thus not being able to use or install the software.  Click wrap agreements have become very common method used by the companies to deal with their customers and it can be commonly seen when any app is installed on our smartphones. However there are thousands of  users who are suffering from problems such as losing  private or confidential data and not getting any relief for their loss in the form of damages as they already accepted the terms and conditions of the contract.  Thus there has been a need for a specific legislation to be made for Click Wrap Agreements and other type of contracts like it so that the users have some legal remedies.

Keywords – Click Wrap Agreement, Contract, Technology, Company, Public Policy