Clickwrap License Template for South Africa

This document serves as a legally binding clickwrap license agreement under South African law, designed for businesses offering digital products, services, or content to users. It is particularly relevant when user consent needs to be obtained electronically through a 'click to accept' mechanism. The agreement incorporates requirements from key South African legislation including ECTA for electronic transactions, CPA for consumer protection, and POPIA for data privacy. Organizations should use this template when launching digital products or services in South Africa, updating their terms of service, or implementing new user acceptance procedures. The clickwrap license format ensures enforceability while providing users with clear notice of terms and conditions, making it essential for online platforms, software applications, and digital service providers operating in the South African market.

1. Parties: Identifies the service provider/licensor and defines the user/licensee (including requirements for capacity to contract)

2. Background: Explains the context of the license, nature of the service/product, and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, including technical terms and legal concepts

4. Acceptance Mechanism: Explicitly describes how users indicate acceptance (click-wrap mechanism) and when the agreement becomes binding

5. License Grant: Specifies the scope, nature, and limitations of the license being granted

6. User Obligations: Sets out the user's responsibilities, permitted uses, and restrictions

7. Data Protection and Privacy: Addresses POPIA compliance, including data collection, processing, and storage practices

8. Intellectual Property Rights: States ownership of IP and user's rights regarding licensed content

9. Term and Termination: Specifies duration of the license and circumstances for termination

10. Disclaimers and Warranties: Includes mandatory consumer protections under CPA and limits on liability

11. Dispute Resolution: Outlines process for handling disputes, including jurisdiction and governing law