In continuation with previous part this part deals with examination of validity of contract and understanding it’s types. It is important to note that the courts in India regard electronic contracts under the provisions of the Indian Evidence Act, 1872. The recognition of a contract is also given under Section 3 of the Indian Evidence Act 1872, wherein the term document means any matter expressed or described upon any substance and it can be in various means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording particular information or matter. Such information conforms with the conditions of Section 65B of the Act which shall be admissible in any proceedings, without any further proof or production of the original document before the concerned authority and shall be regarded as evidence of any content of the original or any fact stated therein of which direct evidence would be admissible.
Kinds Od E-Contract
E-Contracts can mainly be mainly classified as
•)Click wrap
A click wrap contract is generally found as a part of the installation process of software packages or opening of email or user accounts or online payments. Users who disagree with the terms and conditions cannot use or purchase product .Click wrap agreements can be of the following two types :
1.Type and Click
2. Icon clicking
Generally included provisions of
1. Notice of agreement clause
2. Exclusive use clause
3. Title retention clause
4. Anti-refuse clause
5. Anti-reverse engineering clause
•)Browse wrap
In a browse wrap contract, generally the terms and conditions of use for a website or other
Downloadable products are posted on the
Website, typically as a hyperlink placed at the bottom of the screen. In this case, the website user purportedly gives his free assent by simply using the product . This means by entering the website or downloading software from the website.
Examples include Privacy Policy ,Terms of Use ,Terms and conditions apply ,End-user license ,Data policy, Confidentiality, Fair use policy, Cookie policy etc.
•)Shrink wrap
They include are license agreements or
Other terms and conditions which can only be read and accepted by the consumer after opening the product. The term describes the shrink wrap plastic wrapping
Used to coat software boxes, though these contracts are not limited to the software industry. A shrink wrap contact is the prior license agreement enforced upon the buyer when he/she buys the product and the buyer is made aware by tearing the cover or the wrap
That they are bound by the license agreement of the manufacturer.
Usual Clauses used are
1 Prohibiting unauthorized creation of
Copies
2 Limitations of liability
3 Prohibition of reverse engineering or
Modification
4 Disclaimer or warranties in respect
Of the product sold
5 Prohibiting rentals of the product
Other E-Contracts through website include
Disclaimer ,Privacy Policy, Terms & Conditions
, Cookie Policy ,Confidentiality ,Data Policy,
End User License etc.
Conclusion
In this era of digitalization it becomes important to understand e-contact. These E-contact have become a part of our life. Especially during the time of this pandemic when everything has turned online the need to know about the basics of E-contact and we need to examine their validity.
Aishwarya Says:
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