This presentation explains what clickwrap is and how you can use clickwrap to get your users to accept your legal agreements. A number of examples are included and described.
Learn more at our related blog post here: https://termsfeed.com/blog/examples-click-accept/
2. (1) Link to https://termsfeed.com/blog/browsewrap-clickwrap/
(2) Link to http://www.businesspost.ie/
(3) Link to http://www.businesspost.ie/terms-of-use/
These two methods (1) are known as clickwrap and browsewrap.
Browsewrap methods are typically held to be unenforceable in courts
because they aren’t conspicuous enough.
Below is an example of a very typical browsewrap agreement presented
by The Sunday Business Post (2) in their Terms of Use (3) agreement.
3. Note how the last sentence states how “your Use of our Site
constitutes acceptance of these Terms of Use and
your agreement to be bound by them.”
4. (4) Link to https://www.engineyard.com/
(5) Link to https://www.engineyard.com/policies/tos
Conversely, the clickwrap method is an active method of getting
users to accept your legal agreements by requiring that a user click
something - a check box, a linked button, etc. - that shows that
the user would be intending to accept or agree to your agreement.
For example, here's a standard clickwrap presentation where Engine
Yard (4) obtains agreement to its Terms of Service (5) before a user
can sign up to create an account.
5. A user must click the box next to “I agree to the terms of service”
and that "Terms of Service" is linked in the text for easy access and
quick reference so a user can easily view what she/he is agreeing to:
6. Examples of clickwrap methods
that might work
Here are a few examples of adequate clickwrap methods that use
“Click to Accept” or “I Agree” buttons to successfully let users know
about terms and obtain agreement to these terms.
7. (6) Link to https://aws.amazon.com/
(7) Link to http://www.mondaq.com/
(8) Link to http://www.mondaq.com/literal.asp?product_id=12§ion_id=199
Amazon AWS (6) uses a checkbox that users must click before creating
an account. This checkbox is next to a sentence that says, “Check here
to indicate that you have read and agree to the terms of the AWS
Customer Agreement.”
Before registering to use Mondaq (7), new users must check a box to
state that the Terms and Conditions (8) have been read, and then also
click "Register".
8.
9. (9) Link to https://www.paypal.com/
(10) Link to https://www.paypal.com/webapps/mpp/ua/useragreement-full
(11) Link to https://www.paypal.com/webapps/mpp/ua/privacy-full
PayPal (9) makes it very clear that there's an agreement between
registering users and PayPal, the company.
Users must click a checkbox that states, “By clicking Agree and
Continue, I hereby agree and consent to the User Agreement (10), its
policies, and the Privacy Policy (11).”
The word “Agree” is also included in the button that the user must
click on to create the account.
10.
11. (12) Link to https://codefights.com/
(13) Link to https://codefights.com/documents/CodeFightsPrivacyPolicy.html
(14) LInk to https://codefights.com/documents/CodeFightsEULA.html
The CodeFights (12) website has small text on its sign-up page
that states, “By signing up you agree to
our Privacy Policy (13) and EULA (14).”
These agreements are linked, and the statement is located between
the user information fields and the "Sign Up" button where a user
should notice it before completing the sign-up process.
12.
13. (15) Link to https://www.mylife.com/
(16) Link to https://www.mylife.com/user-agreement/
(17) Link to http://wordpress-web1.prod.mylife.com/privacy-policy/
MyLife (15) allows users to create free accounts and lets them know
that “by clicking on the “Join for free” button, you agree to our User
Agreement (16) and our Privacy Policy (17).”
The User Agreement and the Privacy Policy are both linked, in
brighter-colored font than the surrounding text, and they’re located
next to the "Join for Free" button.