Click Wrap Agreement Template for Philippines

Click Wrap Agreements are essential legal documents for businesses operating digital platforms or providing online services in the Philippines. These agreements are specifically designed to create binding contracts through electronic means, where users demonstrate their acceptance by clicking an "I Agree" button or similar mechanism. The document is particularly relevant in the context of Philippine e-commerce law, which recognizes the validity of electronic contracts under the Electronic Commerce Act (RA 8792). The agreement typically covers user terms, service conditions, data privacy commitments, intellectual property rights, and liability limitations. It's crucial for businesses engaged in online transactions, software distribution, digital service delivery, or any internet-based operations requiring user consent and agreement to terms of service. The document must align with Philippine consumer protection laws, data privacy regulations, and e-commerce requirements while providing clear, accessible terms for users.

1. Parties: Identifies the service provider/company and defines the user/customer (typically referred to as 'you' in click-wrap agreements)

2. Background: Brief context about the service/product being offered and the purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Acceptance of Terms: Explicit statement on how users indicate acceptance (clicking 'I Agree' button) and confirmation that this constitutes valid consent

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

6. User Registration and Account: Requirements and processes for user registration and account maintenance

7. User Obligations and Conduct: User responsibilities, prohibited activities, and acceptable use policies

8. Privacy Policy and Data Protection: How user data is collected, processed, and protected in compliance with the Data Privacy Act

9. Intellectual Property Rights: Rights and restrictions regarding the service's content and intellectual property

10. Payment Terms: Pricing, payment methods, and related financial terms if applicable

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Limitation of Liability: Limits on the company's liability in accordance with Philippine law

13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes