Click Wrap Agreement Template for Australia

Click Wrap Agreements are essential for businesses operating digital platforms or providing online services in Australia. This contract type is specifically designed for electronic acceptance of terms and conditions, where users must actively indicate their agreement by clicking an acceptance button or checkbox. The document is crucial for establishing legally binding relationships in digital transactions and must comply with the Electronic Transactions Act 1999 (Cth), Australian Consumer Law, and Privacy Act 1988 (Cth). Click Wrap Agreements are particularly relevant for software applications, website services, online platforms, and digital content delivery, where traditional signed contracts are impractical. The agreement typically covers user rights and obligations, service terms, data handling practices, and liability limitations.

1. Parties: Identifies the business provider and defines the user/customer

2. Background: Explains the context of the agreement and the service/product being offered

3. Definitions: Defines key terms used throughout the agreement

4. Acceptance of Terms: Clearly states how users accept the terms and that clicking indicates agreement

5. Service Description: Detailed description of the services or products provided

6. User Obligations: User responsibilities and acceptable use requirements

7. Payment Terms: Pricing, payment methods, and billing terms if applicable

8. Privacy and Data Collection: How user data is collected, used, and protected

9. Intellectual Property Rights: Protection of IP and terms of use for protected content

10. Limitation of Liability: Limits on business liability and disclaimers

11. Termination: Conditions for termination of the agreement by either party

12. Governing Law: Specifies Australian law as governing law and jurisdiction

13. General Provisions: Standard boilerplate provisions including severability and entire agreement