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Econtracts Psda

E-contracts allow for the formation of legally binding agreements online without physical interaction between parties. Several Indian laws, like the Information Technology Act of 2000 and the Indian Evidence Act of 1872, recognize and regulate e-contracts. Quillbot is an example of a website that uses a clickwrap contract where the user must agree to the terms and conditions by clicking "I accept" before using the site's paraphrasing features. This forms a legally binding contract between the user and Quillbot according to Indian law.

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Suhavi Saluja
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0% found this document useful (0 votes)
53 views

Econtracts Psda

E-contracts allow for the formation of legally binding agreements online without physical interaction between parties. Several Indian laws, like the Information Technology Act of 2000 and the Indian Evidence Act of 1872, recognize and regulate e-contracts. Quillbot is an example of a website that uses a clickwrap contract where the user must agree to the terms and conditions by clicking "I accept" before using the site's paraphrasing features. This forms a legally binding contract between the user and Quillbot according to Indian law.

Uploaded by

Suhavi Saluja
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

E-CONTRACTS AND BRIEF REVIEW OF

https://quillbot.com/ IN THE SAME SPEHERE


online transactions without the parties to the transaction physically convening.
These contracts often resemble business contracts that were written on paper but
were completed and signed online. Technology development and globalization
have boosted the growth of e-commerce businesses throughout the world.
Several laws, including the Information Technology Act of 2000 and the Indian
Evidence Act of 1872, recognize and regulate e-contracts. The origination,
recognition, and dispatch of digital records and secured electronic operations are
covered by the IT Act's requirements. The IT Act acknowledges the fundamental
elements of a contract, including the transmission of proposals, acceptance of
proposals, and, if necessary, revocation of proposals and acceptances, which may
be conveyed electronically or via the use of an online database. The Indian
Evidence Act also recognizes contracts, and it defines a "document" as any
material in a digital form that is written on paper, saved, stored, or reproduced on
optical or magnetic media created by a computer. Such information is in
accordance with the requirements of Section 65B of the Act and is legitimate in
any prosecution without the need for further justification or the production of the
original document before the relevant authority. It is also considered proof of the
original's contents or any fact stated therein for which direct testimony would be
appealable.
The Indian Contract of 1872 acknowledged conventional contracts, including oral
agreements formed with the voluntary assent of the contracting parties and for
legitimate compensation with a legal intent that are not specifically deemed void.
Therefore, there is no clause in this Act that forbids the enforcement of electronic
agreements under the condition that they include all of the requirements for a
legitimate contract.
The primary elements of a legally binding contract are thought to be the parties'
voluntary assent. E-contracts typically do not allow for renegotiation. The client
always has the choice of a "take it or leave it" deal. The Indian courts have
addressed the legality of e-contracts in a number of cases, including those
involving contract term negotiations. According to the Supreme Court's ruling in
the case of LIC India v. Consumer Education and Research Center, "In dotted line
contracts there would be no necessity for a losing party to barter as to presume to
have equivalent negotiating strength. According to the conditions of the dotted line
contract, he must either take the service or abandon the items. He would have the
choice of continuing to use the service indefinitely or accepting the unjust or
absurd conditions.
Various E-Contracts
1.Browse Wrap Contracts-
This contract, which is a browse-wrap agreement, is meant to be legally
enforceable on the parties to the contract through their usage of the webpage.
These contain the "terms of use," "user agreement," or "terms of service," which
may be accessed by URLs at the bottom or side of the page. They have included
consumer policies and conditions of facility of services like Flipkart or E-bay.

2. Shrink-wrapped agreements
These licensing agreements, in which the rules and requirements of the
arrangement are imposed upon the contractual parties, are typically included with
the computer items that consumers purchase and can be found on packaging or in
guides.

3. Click Wrap Contracts


By pressing the "Ok" or "I accept" button in these accords, the user agrees to the
terms and conditions known as the end user deal, which control the licensed
consumption of the programmed. There are certain types of checks that guarantee
the contract's provisions are legally binding to the parties. Such as-
1. The party must be expressly informed of the terms and conditions or conduct
terms. A user is not regarded to have been informed merely by placing a link
to the conditions on the website without calling the viewer's notice to it.
Therefore, using the website after being informed of the conditions bundling
of the contract on the portion of the user.
2. If the user has granted his or her consent for a certain action, the agreement's
conditions should not be altered.
3. The user must be expressly informed of any amendments done to the
conditions of the deal in order for them to grant new permission for the
terms' alterations. The user seems to have the choice to immediately quit the
website if he does not accept the modifications.

Let’s take https://quillbot.com/ for example, It’s a paraphrasing powered by


AI to enhance user’s writings
By assessing the site of Quillbot, user is deemed to accept, comprehend and agree
to be bound by the website’s terms and conditions. If the user rejects the terms and
conditions, s/he will not be able to access the content or use the website anymore.
In later stages if there’s a change in terms and conditions of the website, it’ll be
notified to user on email or website itself. The company cannot be bound by the
same terms and conditions, and can amend the conditions of service from time to
time.
Any person who has attained majority or any child with no less than 13 years of
age, can access the website. Only people who have attained majority or children of
prescribed age with the guidance of a guardian may access the site and eligible to
accept it’s terms and conditions.
This site allows the user to compare and rephrase texts which is submitted by the
user to the platform. The configurations may get adjusted to get the desired results
to suit the purpose of utilization.
To be able to utilize some features, the user maybe asked to register with the
website, then user agrees to provide- complete, correct and current user
information i.e. about itself. And the platform user is supposed to keep the
username, password and its credentials as confidential. As if the valid credentials
of the user get leak, it may put them at the risk of cyber hacking and Quillbot has
no responsibility or is not liable for any action, injury arising for users’
incompetence to comply with the conditions.
There are also paid services provided by this website. For the payment, the user
may use their banking credit or debit cards and there’s also self-renewal of the
subscription i.e., as soon the membership ends of the subscription, its automatically
renewed i.e., the money for the subscription is deducted from the source which is
the bank account and the same duration subscription is added.
For cancellation or termination of the option of paid services, user may log in to
his/her account and select UNSUBSCRIBE, the user will be able to user the paid
services till her/her term of payment is paid for. User will not be entitled to refund.
The user enters into a contract as soon as s/he accepts the terms and conditions. So,
it’s advisable that the user read the conditions before accepting the same.

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