Are websites adequately communicating terms & conditions link in a browse-wrap agreement?
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
The recent Canadian Supreme Court decision in Century 21 said that a browse wrap agreement is enforceable once the presence of the link providing the terms and conditions (hereinafter t&c) is adequately communicated to the user of the website. In a browse wrap unlike the act of clicking in a click wrap, an agreement becomes enforceable once the user moves beyond the homepage of a website. The act of moving beyond is deemed as the acceptance of the existing t&c. Browse wrap’s enforceability thus depends on the way a website chooses to communicate the t&c link to the user. In comparison to the European courts, the American courts have mostly dealt with matters related to enforceability of browse-wrap agreement and have issued number of guidelines on adequate communication of the t&c link. Based on the guidelines issued by the American and Canadian courts, this article looks at the trend in communication practices of websites registered in Europe. In this context, the communication methods undertaken by websites are assessed from data collected in the course of an empirical survey. While concluding, this article shows that the websites in the sample do not adequately communicate the presence of the t&c link, and thereby pointing to a trend that may affect enforceability of browse-wrap agreements in European websites.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it