Some Lesser Known Facts About E-Contract

E-Contract refers to contracting through online mode which can be anything such as websites, e-mails etc. Whenever we visit any website and clicks on “I agree”, it is treated that you as a user have agreed all the terms and conditions and you have been entered into a Contract which is  kind of Standard Contract. A standard contract is a contract where one party is not allowed to negotiate on other party’s conditions and has only two options left i.e. either to accept all the conditions or reject all. Here in this article, We will be talking about various kind of Website Contracts which we as a user enters into.

♦ The above image shows one kind of contract which we as a user enter into. This Contract is known as Browsewrap Contract. Browsewrap terms do not require the express consent of the user and its terms are generally accessible through a hyperlink. Generally, in all e- commerce websites, the terms and conditions are prominently displayed on the website and should at the earliest opportunity the attention of a user is drawn to read the same.

♦ Another kind of E-Contract is Clickwrap Contract. On websites (or software etc.) the user is sometimes asked to read the terms of service, privacy policy and disclaimers mentioned on the website and then click on I agree button before such user avails any service or purchases any products advertised on the website. When such a user clicks on ‘I agree‘ button, he is deemed to have read and consented to all the terms and conditions mentioned. This is the Contract which can be seen generally while installing some application or Downloading some Documents.

♦ The third kind of E-Contract is Shrinkwrap. Through the clear plastic wrap on the box, the purchaser can see the warning that states that the use of the software is subject to the terms of a license agreement contained inside. In such a case, the full agreement cannot be read before purchasing the software. User can see Terms and Conditions only after Buying the software and opening its seal.

These are the kind of E-Contracts which the user must be aware of before using any website. These contracts will help the user to protect himself from any kind of fraud and Cyber Crime.

Article By- Divya Samriti

Editing By- Jasleen Kaur