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"Click Agree" Agreements

If you have FaceBook, a smart phone, or have you brought goods or services online, then you have likely entered into an enforceable contract; all with the simple click of your mouse or swipe of your finger.

The past decade has posed enormous changes to consumerism including the way we trade and carry-out our business online, even more so with the advent of smartphones, online shopping and social media.  Consumers must ensure their understanding of the content and enforceability of “Click Agreements.”

Click Agreements include warranties, exclusions and disclaimers of liability, intellectual property ownership, and the relevant governing law. 

The enforceability of Click Agreements is yet to be tested in New Zealand courts. However, it has been established and widely accepted overseas that the traditional principles of contract law apply and if ever tested here, the outcome will likely be the same. 

Critically, there must be an express record of acceptance by the consumer, as part of the transaction process; hence the requirement to “click agree.”