Case study of E-commerce Essay Example | Topics and Well Written Essays - 4000 words

Case study of E-commerce - Essay Example For valid online contracts, there should be an acknowledged set of conditions, and each party to the contract must signify to come into a lawfully binding agreement and there should be adequate considerations. An e-tailor (e-service provider) may opt that the agreement for supply or sale of services or goods to be regulated by his own typical conditions and terms. To be legally enforceable, these conditions and terms should be integrated into the online contracts by making them to the awareness of the client at the time or before the agreement comes into force. If the typical conditions and terms are not correctly included, in case of any disagreement, the court will take into recognition the conditions to oversee the agreement footed on earlier track of dealing or on the statue which could be offering less beneficial or lucrative to the e-tailor (e-service provider)1 Methods of Incorporation of Standard Terms and conditions in a Web Site Mere inclusion of conditions and terms on a w ebsite is not adequate to include them into the agreement. Both the parties to e-contract should agree to such an e-contract on the expressed terms. There are three chief courses available in which terms and conditions may be incorporated into a website for the benefit of users and incorporated into the contract, and they are â€Å"click-wrap†, â€Å"browse-wrap†, and â€Å"web-wrap† despite the fact that the distinction between these courses may not be especially clear-cut in real practice. â€Å"Browse-Wrap† connotes that the conditions are reachable through a hypertext link. â€Å"Click-wrap â€Å"connotes that constructive consent to the exhibited terms, for instance, by clicking an â€Å"I agree† button is needed. Under this, a customer is required to roll through the conditions before to click â€Å"I accept† and then continue with such business. â€Å"Web-wrap† connotes a notice trying to make an entry into and further use of website conditions posted under â€Å"terms & conditions.† Under this, there will be a hyperlink within a phrase with words to the cause of, â€Å"By ticking on the â€Å"I accept† icon, the customer acknowledges that he has read and acknowledged the conditions and terms2. By comparison with past court cases concerning with the integration of conditions into an e-contract, it is possible that a competent court would arrive at a conclusion that inclusion of either second or third condition as mentioned above will be valid as the content and existence of the conditions are obviously brought to the notice of the client before the formation of any e-contract and hence, it would be bonding on the part of the customer. However, the first option mentioned above may be held to be invalid. Despite not pinpointing of the English courts’ approach, US courts have held that â€Å"click-wrap† agreement is valid one while holding that plain mention to the conditions a nd terms as a computer-link like the first choice mentioned above or by employing a browse-wrap facility, could not be adequate to integrate conditions and terms as in such a type of e-contracts, customers are not warranted to read the terms of the e-contracts before ordering3. In William’s v America Online Inc4, the plaintiff claimed that installation of online software provided by the defendant had resulted in unauthorised changes to his computer. AOI attempted to rely on a jurisdiction clause which consisted in its terms of service