Reed Smith Client Alerts

Key takeaways

  • The ‘click-wrap’ process commonly used by online traders should usually be sufficient to validly incorporate a set of standard terms and conditions.
  • However, the incorporation of standard terms is not just a ‘box-ticking exercise’. Reasonable steps must be taken to bring a set of standard terms to the attention of the customer and the customer must be given sufficient opportunity to review and digest the terms of the contract that they are entering into.
  • It may be necessary to take additional steps (beyond the ordinary ‘click-wrap’ process) to signpost to customers unusual or especially onerous terms.


Earlier this month, the Court of Appeal handed down judgment in Parker-Grennan v. Camelot UK Lotteries Ltd, providing useful guidance on what must be done to incorporate an online trader’s standard terms into a contract that is made online. This is the first time this issue has been addressed by the Court of Appeal.


  • The Claimant/Appellant, Ms Parker-Grennan, had a National Lottery Account. The Defendant/ Respondent, Camelot UK Lotteries Ltd (‘Camelot’), was the operator of the National Lottery.
  • Camelot used a ‘click-wrap’ approach to incorporate into contracts with its customers its various sets of standard terms and game rules (the ‘STCs’). This ‘click-wrap’ process, which is common among many online retailers, worked as follows:
    • Customers looking to open a National Lottery account were first directed to a page which made the STCs accessible to them through drop-down boxes and hyperlinks. In order to proceed with opening the account, the customers were required to click a box confirming that they had read and agreed to be bound by “the relevant Terms and Conditions and Rules of this website and the Privacy Policy of this website”.
    • If the STCs were updated, the next time the customer opened their National Lottery account they would be presented with a notification stating that the STCs had been updated, together with a hyperlink to the amended STCs. Significant changes had to be accepted by the customer clicking a button to confirm that they agreed to be bound by the amended STCs. A drop-down menu would then appear, giving the customer access to a summary of the changes as well as the updated STCs.