Electronic Communications and Transactions [No. 4 of 2021
145
(4) Where any law requires or permits a person to send a
document or information by registered or certified post or similar
service, that requirement shall be met if an electronic copy of the
document or information is sent to the office of a courier service
provider, is registered and sent by that courier service provider to
the electronic address provided by the sender.
14.
In an automated transaction—
(a) an agreement may be formed where an electronic agent
performs an action required by law for purposes of an
agreement;
(b) an agreement may be formed where the parties to a
transaction or either one of them uses an electronic agent;
(c) a party using an electronic agent to form an agreement
shall, subject to paragraph (d), be presumed to be bound
by the terms of that agreement irrespective of
whether that person reviewed the actions of the electronic
agent or the terms of the agreement;
(d) a party interacting with an electronic agent to form
an agreement is not bound by the terms of the agreement
unless those terms are capable of being reviewed by a
natural person representing that party prior to agreement
formation;
(e)an agreement shall not be formed where a natural person
interacted directly with the electronic agent of another
person and made a material error during the creation of
a data message and—
(i) the electronic agent did not provide that natural person with
an opportunity to prevent or correct the error;
(ii) that natural person notified the other person of the error as
soon as practicable after that person learnt of it;
(iii) that natural person takes reasonable steps, including steps
that conform to the other person’s instructions to return
any performance received, or, if instructed to do so, to
destroy that performance; and
(iv) that natural person has not used or received any material
benefit or value from any performance received from the
other person.
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