What is Sign-In Wrap Agreement

It is a prerequisite for the use of virtually any social media that the user enter into a contract with the provider. Typically, the user is required to click “OK” or “I accept” at the foot of a lengthy set of online terms and conditions. Sometimes contracts of this nature are described as “clickwrap” or “browsewrap” agreements. Given that a majority of users will typically not read the terms and conditions or, if they do, will feel they have no option but to accept them, and given further that service providers are aware that this is the case, the question arises as to whether and to what extent such terms and conditions are, or should be, in fact, legally enforceable. This chapter explores relevant Australian and overseas case law and commentary dealing with this modern social media legal phenomenon.