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Showing posts with label online contracting. Show all posts
Showing posts with label online contracting. Show all posts

Sharing User IDs

Can you give your User ID to someone else to use your account?  And what if that someone then uses your account for a purpose not allowed by the user agreement?  Are you responsible?  This is the subject of a possible lawsuit against CoreLogic in Australia.

See BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd [2020] FCA 1556 https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca1556


May The Fourth Be With Disney

When Disney asked “Star Wars” fans to share their favorite memories of the franchise using the hashtag #MayThe4th, it said responses would fall under its terms of use agreement. Social media users were scathing.

See NY Times Article: https://www.nytimes.com/2020/04/28/business/star-wars-may-the-fourth-disney.html


Signature in Email

An interesting recent Federal Circuit Court decision to the effect that a person’s name at the bottom of an email was a signature - 
Austral-Asia Freight Pty Ltd v Turner [2013] FCCA 298
http://www.austlii.edu.au/au/cases/cth/FCCA/2013/298.html

Online Auctions - Terms Unfair

See Malam v Graysonline, Rumbles Removals and Storage (General) [2012] NSWCTTT 197
  1. The CCAAC then went on to recommend that “online transactions (including online auctions such as eBay) should be covered by the national statutory consumer guarantees in the same way as in-store transactions” (Recommendation 10.1, page 111).
  2. In the light of this recommendation, and the clear intention of the Australian Consumer Law to provide wide ranging protection for consumers, I consider that the purpose of provision will best be met by limiting auctions to physical auctions where the consumer does have the opportunity to inspect the goods before purchasing, analogous to in-store transactions.
  3. In the circumstances, I am not satisfied this arrangement was a sale by auction and therefore s. 54 and 55 of the Australian Consumer Law apply.

Online contracting, creating websites

e-commerce
How is contracting online different to other transactions?  
What special regulations are there / should there be to address these differences?
Consider:

Ensuring enforceability of online contracts
Consider the differences between shrink wrap, click wrap and browse wrap agreements.
Where do website terms of use fit it?  Consider some examples and the similarities / differences between them.
What is the impact of the unfair contracts legislation?


Establishing and operating websites
What do you need to be aware of (having regard to previous lectures)?
Australian Government's suggestions

Online Contracting

This week we will cover the two related issues of online contracting and legal issues which arise when creating a website.

Online contracting

How do you determine when an electronic communication is sent/received? What are the possibilities?

Electronic Transactions Act - Queensland / Commonwealth
Vienna Convention on the Sale of Goods (incorporated into Australia law)

Guidelines for operating websites

Australian Treasury Guidelines for e-commerce


Terms of use

What are the common clauses / differences between these Terms of Use?


Clickwrap / Shrinkwrap agreements

Sample

What is the difference between a clickwrap and a shrinkwrap license?

What can you do to try and make a clickwrap agreement enforceable?

How will unfair terms legislation affect these agreements?


List of cases


Enforcing Click Wrap Agreements


Affiliate Program Advertisers Must Take Care Not to be Misleading

Many businesses run affiliate programs.  That is, a publisher or blogger will receive a commission for referring people to the website of th...