What is a Click Wrap Agreement?

Table of Contents

Share at:

What is a Click Wrap Agreement?

A Click Wrap Agreement is typically used when selling or licensing software online. A Click Wrap Agreement contains the terms and conditions that a user agrees to before gaining access to the software. Most Click Wrap agreements require the consent of end users by clicking an “OK,” “I Accept” or “I Agree” button on a pop-up window or a dialog box. Such forms of agreement are mostly found on the Internet, as part of the installation process of many software packages, eg. instagram, or in other circumstances where agreement is sought using electronic media.

Why does your business need a Click Wrap Agreement?

If you are selling downloadable software online it is important that you set out the terms and conditions for that software and how the software can be used. To avoid confusion and possible litigation, business should adopt a Click Wrap Agreement so that they can adequately discharge their legal obligations in this area of law and avoid the potential for costly contractual disputes.

Whether such forms of agreements are enforceable has raised much controversy worldwide. Click-wrap agreements are likely to be accepted and enforceable as the user can first review the conditions prior to clicking ‘accept’.

Although such agreements are most commonly used in connection with software licences, nowadays they have come to be implemented in almost any transaction online, whether it be buying an item on Ebay or simply downloading iTunes. Simply by using the internet, everyone would have come across one at some point and undoubtedly clicked ‘accept’ without ever reading a single clause.

What does the Lawpath Click Wrap Agreement cover?

  •  Grant of an appropriate software license
  •  Intellectual property rights
  •  Payment
  •  Limitation of liability
  •  Termination
  •  Confidentiality

Unsure where to start? Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Can I Trademark a Phrase?

Find out if you can protect your phrase in this post!

Can I Still Be a Company Director If I Have a Criminal Record?

A criminal record can impact your ability to act as a company director. Read this article to learn when convictions could stop you from being a director.

Fixed Term Contract Termination: Legal Or Not?

Have you ever wondered whether the termination of fixed term contracts is legal? Read this article to find out.

Legal and Accounting Topics covered in Advice Plans

As the financial year wraps up, it’s the perfect opportunity to step out of the day-to-day grind and set your business up for future success.

What To Do If You’ve Lost Your Tax File Number (2026 Update)

If you've lost your TFN or if it's been stolen, you'll want to act right away. Read this guide to find out how you can recover it.

When Is It OK to Threaten Legal Proceedings?

It is quite common for people to threaten legal proceedings. Find out more about whether you can threaten legal proceedings in your case.