Electronic Communications and Transactions [No. 4 of 2021 147 (3) Where a procedure has not been agreed to by both parties to ascertain the originator, the person who appears to be the originator shall be presumed to be the originator. (4) The presumption under subsection (3) does not apply where 5 10 15 20 25 30 35 (a) the addressee has received notice from the originator that the electronic record was issued without the knowledge or consent of the originator; (b) the addressee knew or should reasonably have known, or used any agreed procedure to know that the electronic record was not that of the originator and that the person who sent the electronic record did not have the authority of the originator to issue or send the electronic record; or (c) the addressee knew or should reasonably have known, that the transmission resulted in an error in the electronic record as received. 19. (1) An acknowledgment of receipt may be given through (a) a communication by the addressee, whether automated or otherwise; or (b) any conduct of the addressee to indicate to the originator that the electronic record has been received. (2) An acknowledgment of receipt is not required to give legal effect to a message unless otherwise agreed by the parties. PART III COMMUNICATION OF DATA MESSAGES 20. This Part applies if the parties involved in the generation, sending, receipt, storage or other processing of data message have not reached an agreement on the issues provided for in the data message. Application of Part 21. (1) An agreement shall not be without legal effect merely because it was concluded partly or in whole by means of a data message. Formation and validity of agreement (2) An agreement concluded between parties by means of a data message shall be concluded at the time when, and place where, the acceptance of the offer was received by the offeror. 22. An expression of intent or other statement as between the originator and the addressee of a data message shall not be without legal effect merely on the grounds that it is— 40 Acknowledgment of receipt of electronic record (a) in the form of a data message; or (b) not evidenced by an electronic signature, but by other means from which that person’s intent or other statement may be inferred. Expression of intent or other statement