Click wrap agreements have become increasingly popular in India with the rise in e-commerce and online transactions. A click wrap agreement is a type of agreement where the user accepts the terms and conditions by clicking a button or a checkbox before accessing a website or using any online service. It is a digital form of a contract and is considered legally enforceable in India.
The Indian Contract Act, 1872 governs all kinds of contracts entered into in India. This act recognizes electronic contracts and provides that any agreement formed through electronic communication is valid and enforceable. The Information Technology Act, 2000, further provides for the legality and enforceability of electronic contracts in India. Therefore, click wrap agreements are legally valid in India and can be used to enforce terms and conditions for online services.
However, there are certain considerations to keep in mind while drafting click wrap agreements in India. The terms and conditions must be presented clearly to the user before they accept the agreement. The user should have the option to read the terms and conditions before accepting them. The terms should be in simple language that is easy to understand.
In addition, click wrap agreements must comply with the requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. These rules prescribe certain standards that must be followed while collecting, storing, and using personal data of users. Any click wrap agreement that collects personal data must comply with these rules.
It is also important to note that click wrap agreements cannot override statutory rights of a user. Any terms and conditions that are in conflict with the law will not be enforceable. Therefore, care must be taken to ensure that click wrap agreements do not violate any legal requirements.
In conclusion, click wrap agreements are a convenient way to ensure that users agree to the terms and conditions while accessing online services. It is important to follow the legal requirements while drafting such agreements to ensure their enforceability. Click wrap agreements are legally valid in India and can be used as a form of electronically signed contracts.
