Note that clickwrap also uses this footer linking, but in conjunction with a checkbox or some sort of overt method of obtaining consent from users to actually be bound by the terms rather than simply using the site. Here's an example of this type of footer linking from GoDaddy: The key difference is that clickwrap requires an actual action showing consent, while browsewrap assumes consent is given almost automatically.Ī browsewrap agreement involves two components: A hyperlink at the bottom of the website that redirects the user to the legal page, be it a Privacy Policy or a Terms and Conditions agreement, and the agreement says something like we showed above, that the user is bound by the terms by simply using the site. Differences Between Browsewrap and Clickwrap While browsewrap really only exists in the digital space, the method of use is similar to shrink-wrap in physical goods. The shrink-wrap agreement would often state that by opening the package, the purchaser agrees to a set of terms. The wrap portion of both words is a derivation of the shrink-wrap agreement, where customers would find a contract within the good that had been sealed or shrink-wrapped within the good's packaging. Most legal agreements are often presented to users through either a clickwrap agreement or a browsewrap agreement. These are two different methods for getting users to agree to your website legal agreements, such as a Privacy Policy, Terms and Conditions (also known as Terms of Use or Terms of Service), EULA, Cookies Policy or any other agreement.
Short Overview of Obtaining Consent Cases
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