Types of e-contracts:
- Click-wrap contracts: A click-wrap contract is an electronic agreement where the user agrees to the terms and conditions of a website or application by clicking an “I agree” button. These contracts are common while using mobile applications or browsing websites. Click-wrap contracts are enforceable in India if the terms and conditions are visible and accessible to the user.
- Browse-wrap contracts: In a browse-wrap contract, the user is not explicitly required to accept the terms and conditions of the contract. Rather, the terms and conditions are made available to the user through a hyperlink or a pop-up window. Due to this lack of explicit acceptance, browse-wrap contracts are not considered to be enforceable in India.
- Shrink-wrap contracts: A shrink-wrap contract is an agreement where the terms and conditions are included in the packaging of a product. These contracts are often used for software or other electronic products. In India, shrink-wrap contracts are enforceable if the terms and conditions are visible on the outside of the package, and the user has an opportunity to return the product if they do not agree to the terms.
- E-mail contracts: An e-mail contract is an agreement made through the exchange of e-mails. E-mail contracts are enforceable in India if the terms and conditions are clear and unambiguous. However, the authenticity of e-mails must be proven in a court of law.