What are e-contracts ? Discuss important points with regard to drafting of e-contract.

E-contract is any kind of contract formed in the course of e-commerce by the interaction of two or more individuals using electronic means such as email, the interaction of any individual with an electronic agent such as computer programme or it is an interaction of at least two electronic agents that are programmed to recognize the existence of a contract. Traditional contract principles and remedies also apply to e-contracts. Electronic contracts are born out of the need for speed, convenience and efficiency. Important points with regards to drafting e-contracts are as under: The contract must specify that by using the Seller's website, the customer becomes subject to the terms of a legal agreement between the customer and Seller. Customers must be informed that they must be of legal age to enter into the contract. Acceptance of the terms of the contract. The contract should clearly state that all content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Seller. The contract should clearly lay down the duties and obligations of the customer. The contract must forbid the customer from the copying, modifying, in respect of the said software. The contract should clearly mention that the reviews, comments, photos etc posted by customers should not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. The contract should clarify how the prices listed on the Seller's website are computed. Seller's has a shipping contract with various courier companies to deliver the products to the customers. The contract should clearly state that once the products are handed over to the courier company, Seller's liability ends. The contract should mention the city / state and country whose law will prevail in this contract. The courts having exclusive jurisdiction over the disputes should also be mentioned. Conditions relating to arbitration of disputes may also be mentioned. The contract must clearly mention that the customer expressly understands and agrees that his use of the services is at his sole risk and that the services are provided "as is" and "as available". The contract must expressly disclaim all warranties and conditions if any.