It is becoming increasingly more common for websites to remain blocked to a visitor until and unless (i) the visitor either acknowledges that use of the website is subject to certain conditions which will bind the parties, or (ii) the visitor expressly scrolls through (and presumably reads) the terms and conditions themselves. In the former case, full use of the website may not become available until the visitor scrolls to the bottom or selects the “I agree” checkbox. Requiring the visitor to expressly accept the terms and conditions of use is commonly known as “click-wrap”, “click-through”, “browser-wrap” and “scroll-wrap” (although there is some debate regarding the subtle differences between these).
- How a website visitor can “opt out” or terminate the Agreement; and
- Other common contractual language.
As businesses continue to operate and compete as much in the digital space as they do from brick-and-mortar buildings, the need for sufficient legal protection online becomes more pronounced. Your legal risk reduction program should always include a review of liability associated with online marketing, e-commerce and user experience.
We advise businesses throughout the Cambridge, Kitchener, and Waterloo region about how to best protect themselves online. Contact us today to set up a consultation.