Summary
The Federal Court of Australia recently handed down a judgement
which provides some insight into issues surrounding the
enforceability and effect of "internet contracts":
Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA
1846.
Dialogue is alleging in these proceedings that Instagram has
breached its Terms of Use by excluding Dialogue from access to its
platform. Instagram, which alleges that Dialogue was engaged in
unauthorised data "scraping", sought a stay of
proceedings under section 7(2) of the
International Arbitration
Act 1974 (Cth) on the grounds that a version of the Terms of
Use which was originally in place when Dialogue commenced using
Instagram required disputes to be submitted to arbitration.