LAW AND TECHNOLOGY

P.S.D.A.

DRAFTING OF E-CONTRACT
[ BROWSE-WRAP AGREEMENT ]

NAME: RAHUL KUMAR

CLASS: 4-D
ENR. NO.: 15910303816
SUBMITTED TO: Ms. PURVA KAUSHIK
INTRODUCTION

In recent times, the conventionally functioned models of business have become out-of-
date and in many cases are not execution enough income to the owners or shareholders
of the company. A usual example of such a situation in the business of newspaper in the
United State of America wherein many of the noticeable newspaper have shut down or
have lifted purely to the online medium. New and inventive models and type of business
need to be invented and worked. Existence of e-contract in the market is accomplishing
the need for innovativeness in the traditional business segments. Businesses, both
existing and new are trying to create an online individuality and an e-contract stand
keeping in view the needs of the modern times.

E-contract is one of the divisions of e-business. It holds a similar meaning of traditional

business wherein goods and services are switched for a particular amount of consideration.
The only extra element it has is that the contract here takes place through a digital mode of
communication like the internet. It provides an opportunity for the sellers to reach the end of
consumer directly without the involvement of the middlemen.

New models of business demands different organisational charters. E-contract demands an

organizational charter which caters to its new marketing needs. This mode of business
enables businesses to save time on product design and device products according to the
individual customer requirement, track sales and get immediate feedback from the customer.

Contracts have become so common in day-to-day life that most of the time we do not even
recognize that we have entered into one. Right from buying a vegetable and hiring a Cab or to
buying an airline ticket online, uncountable thing in our daily exists is governed by contracts.

There was primarily a fear between the legislatures to identify this modern technology,
but now many countries have legislated laws to recognize electronic contracts. The
conventional law involving to contracts is not satisfactory to address all the issues that
arise in electronic contracts. The Information Technology Act describes some of the
irregular issues that arise in the formation and verification of electronic contracts.

BROWSE WRAP AGREEMENT

This agreement is considered as a browse wrap agreement which is intended to be

binding upon the contracting party by the use of the website. These include the user
policies and terms of service of websites such as Flipkart or E-bay and are in the form of
a “terms of use”, a “user agreement” or “terms of service”, which can be used as the
links at the corner or bottom of website.

Browse-wrap (also Browserwrap or browse-wrap license) is a term used in Internet law to

refer to a contract or license agreement covering access to or use of materials on a web site or
downloadable product. In a browse-wrap agreement, the terms and conditions of use for a
website or other downloadable product are posted on the website, typically as a hyperlink at
the bottom of the screen. Unlike a clickwrap agreement, where the user must manifest assent
to the terms and conditions by clicking on an "I agree" box, a browse-wrap agreement does
not require this type of express manifestation of assent. Rather, a web-site user purportedly
gives his or her assent by simply using the product — such as by entering the website or
downloading software.

Browse-wrap agreements, like clickwrap agreements, derive their name by analogy to the
"shrink wrap agreements" included inside the sealed packaging of tangible products, where
one can not see the agreement until the product has been purchased or used.[3] Courts that
have ruled on the issue have held that the validity of a browse-wrap agreement primarily
depends on whether a website user has actual or constructive notice of the terms and
conditions prior to using the website or other product.

A browse-wrap agreement can be formed by use of a web page or a hyperlink or small

disclaimer on the page. It may only be enforced if the browsing user assents to it. For assent
to occur the browse-wrap agreement should be conspicuous, state that there is an agreement,
and provide where it can be located. Courts examine the enforceability of browse-wrap
agreements on a case-by-case basis, and there are no "bright-line" rules on whether a given
agreement is sufficiently conspicuous.
 SAMPLE PRIVACY POLICY OF BROWSE WRAP AGREEMENT

This Policy sets out the essential details relating to your personal data relationship with
Spotify. The Policy applies to all Spotify services and any associated services (referred to as
the ‘Spotify Service’). The terms governing your use of the Spotify Service are defined in our
Terms and Conditions of Use (the “Terms and Conditions of Use”).

From time to time, we may develop new or offer additional services. If the introduction of
these new or additional services results in any change to the way we collect or process your
personal data we will provide you with more information and additional terms or policies.
Unless stated otherwise when we introduce these new or additional services, they will be
subject to this Policy.

The aim of this Policy is to:

1. Ensure that you understand what personal data we collect about you, the reasons why we
collect and use it, and who we share it with;

2. Explain the way we use the personal data that you share with us in order to give you a great
experience when you are using the Spotify Service; and

3. Explain your rights and choices in relation to the personal data we collect and process about
you and how we will protect your privacy.

We hope this helps you to understand our privacy commitments to you. For further
clarification of the terms used in this Policy please visit our Privacy Center on spotify.com.
For information on how to contact us if you ever have any questions or concerns, please see
the ‘How to Contact Us’ Section 14 below. Alternatively, if you do not agree with the content
of this Policy, then please remember it is your choice whether you want to use the Spotify
Service.

RIGHTS AND PREFRENCES

You may be aware that a new European Union law, called the General Data Protection
Regulation or "GDPR" gives certain rights to individuals in relation to their personal data.
Accordingly, we have implemented additional transparency and access controls in our
Privacy Center and Privacy Settings to help users take advantage of those rights. As available
and except as limited under applicable law, the rights afforded to individuals are:

 Right of Access - the right to be informed of and request access to the personal data
we process about you;

 Right to Rectification - the right to request that we amend or update your personal
data where it is inaccurate or incomplete;

 Right to Erasure - the right to request that we delete your personal data;

 Right to Restrict - the right to request that we temporarily or permanently stop

processing all or some of your personal data;

 Right to Object -
 o the right, at any time, to object to us processing your personal data on grounds
relating to your particular situation;

o the right to object to your personal data being processed for direct marketing
purposes;

 Right to Data Portability - the right to request a copy of your personal data in
electronic format and the right to transmit that personal data for use in another party’s
service; and

 Right not to be subject to Automated Decision-making - the right to not be subject to

a decision based solely on automated decision making, including profiling, where the
decision would have a legal effect on you or produce a similarly significant effect.

In order to enable you to exercise these rights with ease and to record your preferences in
relation to how Spotify uses your personal data, we provide you with access to the following
settings via your Account Settings page:

 Privacy Settings - allows you to control some of the categories of personal data we
process about you, enables you to access your personal data via a ‘Download my
Data’ button, and includes a link to the Privacy Center on spotify.com where you can
find out more information about how Spotify uses your personal data and what your
rights are; and,

 Notification Settings - allows you to choose which communications you receive from
Spotify, manage your publicly available personal data, and set your sharing
preferences.

The Privacy Center puts you in control of how Spotify processes your personal data. It
provides you with information about what happens if you adjust your settings on your
Account Settings page and how to opt out of receiving certain messages from Spotify. If we
send you electronic marketing messages based on your consent or as otherwise permitted by
applicable law, you may, at any time, respectively withdraw such consent or declare your
objection (“opt-out”) at no cost. The electronic marketing messages you receive from Spotify
(e.g. those sent via email) also will include an opt-out mechanism within the message itself
(e.g. an unsubscribe link in the emails we send to you).

You can find out more about the GDPR rights described above and the controls we provide to
all Spotify users with respect to these rights in the ‘Your Rights’ section contained in the
Privacy Center. If you have any questions about your privacy, your rights, or how to exercise
them, please contact our Data Protection Officer using the ‘Contact Us’ form on the Privacy
Center. We will respond to your request within a reasonable period of time upon verification
of your identity. If you are unhappy with the way we are using your personal data you can
also contact and are free to lodge a complaint with the Swedish Data Protection Authority
(Datainspektionen) or your local Data Protection Authority.
DATA RETENTION AND DELETION

We keep your personal data only as long as necessary to provide you with the Spotify Service
and for legitimate and essential business purposes, such as maintaining the performance of
the Spotify Service, making data-driven business decisions about new features and offerings,
complying with our legal obligations, and resolving disputes. We keep some of your personal
data for as long as you are a user of the Spotify Service. For example, we keep your playlists,
song library, and account information.

If you request, we will delete or anonymise your personal data so that it no longer identifies
you, unless, we are legally allowed or required to maintain certain personal data, including
situations such as the following:

 If there is an unresolved issue relating to your account, such as an outstanding credit

on your account or an unresolved claim or dispute we will retain the necessary
personal data until the issue is resolved;

 Where we are required to retain the personal data for our legal, tax, audit, and
accounting obligations, we will retain the necessary personal data for the period
required by applicable law; and/or,

 Where necessary for our legitimate business interests such as fraud prevention or to
maintain the security of our users.

CHANGES TO PRIVACY POLICY

We may occasionally make changes to this Policy.

When we make material changes to this Policy, we’ll provide you with prominent notice as
appropriate under the circumstances, e.g., by displaying a prominent notice within the Spotify
Service or by sending you an email. We may notify you in advance.Please, therefore, make
sure you read any such notice carefully.

If you want to find out more about this Policy and how Spotify uses your personal data,
please visit the Privacy Center on spotify.com to find out more.

TERMS AND CONDITIONS

Thanks for choosing Spotify (“Spotify,” “we,” “us,” “our”). Spotify provides personalized
services with social and interactive features for streaming music and other content as well as
other products and services that may be developed from time to time. By signing up or
otherwise using any of these Spotify services, including all associated features and
functionalities, websites and user interfaces, as well as all content and software applications
associated with our services (collectively, the “Spotify Service” or “Service”), or accessing
any music, videos or other content or material that is made available through the Service (the
“Content”) you are entering into a binding contract with Spotify USA Inc.

Your agreement with us includes these Terms and any additional terms that you agree to, as
discussed in the Entire Agreement section below, other than terms with any third parties
(collectively, the “Agreements”). The Agreements include terms regarding future changes to
the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver
of class actions, and resolution of disputes by arbitration instead of in court. If you wish to
review the terms of the Agreements, the current effective version of the Agreements can be
found on Spotify’s website. You acknowledge that you have read and understood the
Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree
with (or cannot comply with) the Agreements, then you may not use the Spotify Service or
access any Content.

In order to use the Spotify Service and access any Content, you need to (1) be 18 years or
older, or be 13 years or older and have your parent or guardian’s consent to the Agreements,
(2) have the power to enter a binding contract with us and not be barred from doing so under
any applicable laws, and (3) reside in the United States. You also promise that any
registration information that you submit to Spotify is true, accurate, and complete, and you
agree to keep it that way at all times.

USING OUR SERVICES

The Spotify Service and the Content are the property of Spotify or Spotify's licensors. We
grant you limited, non-exclusive, revocable permission to make use of the Spotify Service,
and limited, non-exclusive, revocable permission to make personal, non-commercial use of
the Content (collectively, “Access”). This Access shall remain in effect until and unless
terminated by you or Spotify. You promise and agree that you are using the Spotify Service
and Content for your own personal, non-commercial use and that you will not redistribute or
transfer the Spotify Service or the Content.

The Spotify software applications and the Content are not sold or transferred to you, and
Spotify and its licensors retain ownership of all copies of the Spotify software applications
and Content even after installation on your personal computers, mobile handsets, tablets,
wearable devices, speakers and/or other devices (“Devices”).

All Spotify trademarks, service marks, trade names, logos, domain names, and any other
features of the Spotify brand (“Spotify Brand Features”) are the sole property of Spotify or its
licensors. The Agreements do not grant you any rights to use any Spotify Brand Features
whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Spotify Service, the Content, or
any part thereof in any manner not expressly permitted by the Agreements. Except for the
rights expressly granted to you in the Agreements, Spotify grants no right, title, or interest to
you in the Spotify Service or Content.

Third party software (for example, open source software libraries) included in the Spotify
Service are made available to you under the relevant third party software library’s license
terms as published in the help or settings section of our desktop and mobile client and/or on
our website.

USER GUIDELINES

Spotify respects intellectual property rights and expects you to do the same. We’ve
established a few ground rules for you to follow when using the Service, to make sure Spotify
stays enjoyable for everyone. You must follow these rules and should encourage other users
to do the same.

The following is not permitted for any reason whatsoever:

1. copying, redistributing, reproducing, “ripping,” recording, transferring,

performing or displaying to the public, broadcasting, or making available to
the public any part of the Spotify Service or the Content, or otherwise making
any use of the Spotify Service or the Content which is not expressly permitted
under the Agreements or applicable law or which otherwise infringes the
intellectual property rights (such as copyright) in the Spotify Service or the
Content or any part of it;

2. using the Spotify Service to import or copy any local files that you do not have
the legal right to import or copy in this way;

3. transferring copies of cached Content from an authorized Device to any other

Device via any means;

4. reverse-engineering, decompiling, disassembling, modifying, or creating

derivative works of the Spotify Service, Content or any part thereof except to
the extent permitted by applicable law;

5. circumventing any technology used by Spotify, its licensors, or any third party
to protect the Content or the Service;

6. selling, renting, sublicensing or leasing of any part of the Spotify Service or

the Content;

7. circumventing any territorial restrictions applied by Spotify or it licensors;

8. artificially increasing play counts, follow counts or otherwise manipulating the

Service by (i) using any bot, script or other automated process, (ii) providing
or accepting any form of compensation (financial or otherwise), or (iii) any
other means;

9. removing or altering any copyright, trademark, or other intellectual property

notices contained on the Content or the Service or provided through the
Service (including for the purpose of disguising or changing any indications of
the ownership or source of any Content);

10. circumventing or blocking advertisements in the Spotify Service, or creating

or distributing tools designed to block advertisements in the Spotify Service;

11. providing your password to any other person or using any other person’s
username and password;

12. “crawling” the Spotify Service or otherwise using any automated means
(including bots, scrapers, and spiders) to view, access or collect information
from Spotify or the Spotify Service;
 13. selling a user account or playlist, or otherwise accepting or offering to accept
any compensation, financial or otherwise, to influence the name of an account
or playlist or the content included on an account or playlist; or

14. artificially promoting Content by automated means or otherwise.

Please respect Spotify, the owners of the Content, and other users of the Spotify Service.
Don’t engage in any activity, post any User Content, or register and/or use a username, which
is or includes material that:

15. is offensive, abusive, defamatory, pornographic, threatening, or obscene;

16. is illegal, or intended to promote or commit an illegal act of any kind,

including violations of intellectual property rights, privacy rights, or
proprietary rights of Spotify or a third party;

17. includes your password or purposely includes any other user’s password or
purposely includes personal data of third parties or is intended to solicit such
personal data;

18. includes malicious content such as malware, Trojan horses, or viruses, or

otherwise interferes with any user’s access to the Service;

19. is intended to or does harass or bully other users;

20. impersonates or misrepresents your affiliation with another user, person, or

entity, or is otherwise fraudulent, false, deceptive, or misleading;

21. involves the transmission of unsolicited mass mailings or other forms of spam,
junk mail, chain letters, or similar;

22. involves commercial or sales activities, such as advertising, promotions,

contests, sweepstakes, or pyramid schemes, that are not expressly authorized
by Spotify;

23. links to, references, or otherwise promotes commercial products or services,

except as expressly authorized by Spotify;

24. interferes with or in any way disrupts the Spotify Service, tampers with,
breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or
Spotify’s computer systems, network, usage rules, or any of Spotify’s security
components, authentication measures or any other protection measures
applicable to the Service, the Content or any part thereof; or

25. conflicts with the Agreements, as determined by Spotify.

You acknowledge and agree that posting any User Content that violates these User guidelines
(or that Spotify reasonably believes violates these User guidelines) may result in immediate
termination or suspension of your Spotify account. You also agree that Spotify may reclaim
your username for any reason.
Please be thoughtful about how you use the Spotify Service and what you share. The Spotify
Service includes social and interactive features, including the ability to post User Content,
share content, and make certain information about you public. Remember that shared or
publicly available information may be used and re-shared by other users on Spotify or across
the web, so please use Spotify carefully and be mindful of your account settings. Spotify has
no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your
password confidential and secure. You understand that you are responsible for all use
(including any unauthorized use) of your username and password on the Service. If your
username or password is lost or stolen, or if you believe there has been unauthorized access
to your account by a third party, you must notify us immediately and change your password
as soon as possible.

TERM AND TERMINATION

The Agreements will continue to apply to you until terminated by either you or Spotify.
However, you acknowledge and agree that the perpetual license granted by you in relation to
User Content, including Feedback, is irrevocable and will therefore continue after expiry or
termination of any of the Agreements for any reason. Spotify may terminate the Agreements
or suspend your access to the Spotify Service at any time, including in the event of your
actual or suspected unauthorized use of the Spotify Service and/or Content, or non-
compliance with the Agreements, or if we withdraw Services and/or Content (in which case
we shall provide you with reasonable notice in advance of doing so). If you or Spotify
terminate the Agreements, or if Spotify suspends your access to the Spotify Service, you
agree that Spotify shall have no liability or responsibility to you, and Spotify will not refund
any amounts that you have already paid, to the fullest extent permitted under applicable law.
You may terminate the Agreements at any time. To learn how to terminate your Spotify
account, please contact us through the Customer Service contact form which is available on
our About Us page. This section will be enforced to the extent permissible by applicable law.

Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other
sections of the Agreements that, either explicitly or by their nature, must remain in effect
even after termination of the Agreements, shall survive termination.

CONTACT US

If you have any questions concerning the Spotify Service or the Agreements, please contact
Spotify Customer Service by visiting the About Us section of our website.

If you are a California resident, you may have the Agreements mailed to you electronically
by sending a letter to Spotify USA Inc., Attn: General Counsel, 4 World Trade Center, 150
Greenwich Street, 62nd Floor, New York, New York 10007, USA with your email address
and a request for the Agreements. In addition, under California Civil Code Section 1789.3,
you may contact the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,
Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a
complaint regarding the service or to receive further information regarding use of the
service.Thank you for reading our Terms. We hope you enjoy Spotify!
CONSENT

After reading the terms and conditions and privacy policy, if the customer agree with the
same and give his/her consent by clicking on the ‘I agree/ I accept’ option then there
arises an agreement between the user and maker of the product.

CONCLUSION

The Indian Contract 1872 has recognized the traditional agreements which include the oral
contracts made by the free consent of the contracting parties who are competent to contract
for the lawful consideration with a lawful object and are not expressly declared to be void.
Hence, there is no provision in this Act which prohibits the enforceability of electronic
agreements provided that the essential elements of the valid contract must be present in such
agreements.

The free consent is considered as the main characteristics of the valid contract. Generally,
there is no scope for negotiation on E-contracts. The option of “take it or leave it” transaction
is always available to the user.

There are various cases where the Indian Courts have dealt with validity of the e-contracts
such as negotiation of the terms of the contract. In the case of LIC India vs. Consumer
Education and Research Centre, the Supreme Court had held that “In dotted line contracts
there would be no occasion for a weaker party to bargain as to assume to have equal
bargaining power. He has either to accept or leave the service or goods in terms of the
dotted line contract. His option would be either to accept the unreasonable or unfair terms or
forgo the service forever.”

E-contract in India has definitely came a long way from the days of bazee.com which
underway as the first large online retail website. At present, with the increase in number of
internet user, e-contract is organised to grow further. The growing trend of internet banking
and credit or debit cards along with the rise in the number of educated and computer literate
persons will further support this growth. The need of the hour is law which covers all the
aspects of e-contract extending from payment mechanism and maintaining minimum
standards in the delivery of services.

Such a legislation will help to restraint the growth of websites which rise within a few days
and then stop functioning in the absence of suitable funds for sustenance. As all business
through e-contract sites is ended through the internet without any direct physical interfaces,
the main basis connections is the trust of the customers which should be engaged at any cost.
A law in this field will detect the criminals who have used the internet as a source for making
quick money. This will also act a defence for the genuine e-contract websites and help in
further growing of business. There is also a need for the creation of an authority in the
consumer court to look into the grievances arising out of e-contract transactions. Such an
authority should have experts in area such as payment security. This will embolden speedy
redressal of disputes and promote e-contract transactions. E-contract which is a developing
segment in the commercial arenas scheduled to grow and it is the accountability of the
prevailing players to ensure that growth is not hindered by their acts and policies.