In the case of a browse wrap agreement, the terms and conditions are not on the same page as the ”I agree” button and can be viewed via a hyperlink on the same page. As a general rule, the consumer is not required to access the hyperlink and consult the terms and conditions before being able to pursue the contract. This form of agreement is less likely to be implemented as a contract. Browse wrap or click wrap agreements that do not occur after the conditions have been considered more questionable and the facts of each case are relevant to the court`s deliberations. Although part of the agreement was only visible at the same time, in another U.S. Forrest case against Verizon Communications Inc., it was considered that an agreement that appeared in a reading field and required the user to click ”Accept” constituted an appropriate communication on the terms of the contract. Even if the user did not scroll through the terms before clicking ”Accept,” it was pointed out that a party is still related to it. In general, the Australian courts have found the click-wrap agreements legally binding. Under Australian consumer law, there are restrictions on what you can and cannot include in a consumer contract.
You must ensure that your Click-Wrap agreement does not violate any of these limits to ensure that it remains applicable. Clickwrap agreements are probably valid and binding in Australia, provided the user has had sufficient communication and the ability to read the terms and conditions and the user has taken a positive step, such as.B. click ”Accept” to accept the agreement.