Browse-Wrap Consent

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  • Consent (to various terms and conditions) which is given through the mere use of the website. There are doubts about the respect - by this type of consent - of the notion of informed consent: paradoxically, the website must be used in order to read the contract, or even to become aware of its existence; and anyway it isn't sure if the consumer has read the contract and so if his consent is informed, or even if it can be qualified as a consent. See Digital Consumers and The Law. Towards a Cohesive European Framework, pp. 158-159.
  • An example of a clause establishing a browse-wrap consent is contained in the Terms of Service of Fitbit (http://www.fitbit.com/us/terms): "You must accept these Terms to create a Fitbit account and to use the Fitbit Service. If you do not have an account, you accept these Terms by visiting www.fitbit.com (https://www.fitbit.com) or using any part of the Fitbit Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.FITBIT.COM (https://www.fitbit.com) OR USE THE FITBIT SERVICE."