Why Are Clickwrap Agreements Similar to Written or Verbal Contracts Select All That Apply
Clickwrap agreements have become a fundamental aspect of our daily lives, especially when we engage in online activities. And as more transactions are carried out over the internet, the role of clickwrap agreements in preventing legal disputes cannot be understated. But what makes clickwrap agreements similar to written or verbal contracts? Here are some of the reasons:
1. Both Clickwrap Agreements and Written or Verbal Contracts are Binding
Just like with written or verbal agreements, clickwrap agreements are legally binding. Once a user clicks ‘I agree’ or ‘Accept’, they are giving their consent to the terms and conditions laid out in the agreement. And just like with written or verbal agreements, failure to abide by the terms of the agreement could lead to legal consequences.
2. Both Require Mutual Agreement
For a clickwrap agreement to be binding, there has to be mutual agreement between the parties involved. The user must read and accept the terms and conditions of the agreement while the company must present the terms in a clear and understandable language. Similarly, in written or verbal contracts, the two parties must come to an agreement before any transaction is made.
3. Both Set Out the Terms of Engagement
Clickwrap agreements, just like written and verbal agreements, set out the terms of engagement between the parties involved. This includes the obligations, rights, and responsibilities of each party. In clickwrap agreements, users are presented with the terms and conditions that they have to agree to before they can access the product or service. Similarly, in written or verbal agreements, terms of engagement are laid out before the transaction is made.
4. Both Can Be Enforced by Law
Just like with written or verbal contracts, clickwrap agreements can be enforced by law. If a user violates any of the terms and conditions of the agreement, the company can take legal action against them. Similarly, in written or verbal agreements, if any of the parties violate the terms of the contract, legal action can be taken against them.
In Conclusion
Clickwrap agreements are essential in providing legal protection for both companies and users in the digital age. They provide a binding agreement between both parties involved in the transaction, just like with written or verbal contracts. They set out the terms of engagement and can be legally enforced if any of the parties violate the terms of the agreement. Therefore, it is crucial that users read and understand the terms and conditions of these agreements before clicking ‘I agree’ or ‘Accept’.