Clickwrap meaning

In a 24‑page memorandum lodged on 15 November 2024, Live Nation and Ticketmaster contended that plaintiffs Abraham Liefer and Tamara Stevens must pursue their consolidated antitrust case in arbitration, emphasising that they had repeatedly assented to the defendants’ terms of service whenever they performed actions on the companies’ websites or platforms. According to the motion, those actions encompassed logging into Ticketmaster accounts, accepting transfers of tickets issued by Ticketmaster, and each occasion on which they purchased tickets on the defendants’ sites. The arbitration application stated that the terms of service consistently contained a mandatory arbitration clause that extends to any claim or dispute connected to services offered by or through the defendants. The motion further asserted: ‘Defendants’ records confirm that plaintiffs agreed to the terms on many occasions, including when they accepted transfers of the tickets issued by Ticketmaster that they allege to have purchased on secondary ticket exchanges.’ In addition, whenever customers clicked the ‘Accept Tickets’ button and consented to the defendants’ terms, they were automatically directed to Ticketmaster’s...

Practice Note This Practice Note offers guidance on the principal legal considerations for business to business (B2B) e-commerce carried out via websites, online platforms, mobile apps and email. It addresses how contracts are formed—including offer, acceptance, incorporation and consideration—and what formalities apply in these environments, such as electronic signatures and maintaining electronic records. It also examines the enforceability of browse wrap (also known as browse-wrap, browsewrap or click free) and click wrap (also known as click-wrap or clickwrap) terms. It further sets out the laws applicable under the Electronic Commerce (EC Directive) Regulations 2002 (E-Commerce Regulations 2002), SI 2002/2013, which govern information society services operating in the UK. Where businesses rely on online platforms or m-commerce, the legal questions usually mirror those arising for any website. Accordingly, this Practice Note uses ‘website’ for ease and flags any differences unique to platforms or m-commerce only where relevant. Throughout, references are made to assimilated EU law. Assimilated law is the term applied to retained EU law (‘REUL’) that continues in force...

This Practice Note sets out the practical measures a business can use to ensure its standard-form terms and conditions are successfully incorporated into both contracts and agreements. It offers direction on securing the inclusion of one party’s standard terms and conditions within a contract, on how to succeed in the battle of the forms, and on resisting efforts by the counterparty to import their own standard terms and conditions into the agreement. See also: Effectively incorporating standard terms and conditions—checklist. For guidance on the purpose, benefits and drawbacks of using standard terms and conditions, see Practice Note: Standard terms and conditions—advantages and disadvantages...