Some organizations may think that their Clickwrap processes are sufficient without documenting the evidence, as customers can only use their services if they click “I vote for” to continue. However, this process is not sufficient without proof of consent. Indeed, clickwrap agreements are controversial, unless sufficient evidence of any agreement is well maintained to be used in a resulting legal proceeding. There are a number of internet agreements, including contracts for shrunken movies, ratchets, and navigation wraps. For those of you who are not familiar with the terms, the judge of Century 21 Canada Limited Partnership v. Rogers Communications Inc. (“Century 21”) defined them as follows: Canadian electronic commerce legislation complements traditional conventional law to enable the application of electronic contracting in Canada. However, in Aspencer1.com Inc vs. Paysystems Corporation (JQ No.
1573, JE 2005-601), it was decided that an organization could not change the terms of the contract by posting them on its website, as there was no evidence of effective user acceptance. . . .