Electronic Transactions Act, 2008
is involved at any stage of its formation.
(2) A party interacting with an electronic agent to make an agreement is not bound by the terms of the agreement unless the terms were
capable at first of being accessed by the party prior to the formation of
the contract.
(3) An electronic contract is not valid where an individual interacts
directly with the electronic agent and has made a material error during
the creation of an electronic record and
(a) the electronic agent did not provide that person with an easy
opportunity to prevent or correct the error,
(b) that person notifies the party creating the electronic record
of the error as soon as practicable after noticing it,
(c) that person takes reasonable steps to return to the previous
situation, and
(d) that person has not used or received material benefit or value
from performance received from the other person.
Despatch of electronic record
18. Unless otherwise agreed between the originator and the addressee,
the despatch of an electronic record occurs when it enters an information
processing system outside the control of the originator or the agent of the
originator.
Receipt of electronic record
19. The time of receipt of an electronic record shall be determined as
follows:
(a) if the addressee has designated an information system for
the purpose of receiving electronic records, receipt occurs
at the time when the electronic record enters the designated
information system, or
(b) if the addressee has not designated an information system,
receipt occurs when the electronic record enters an information system of the addressee through which the addressee
retrieves the electronic record.
(2) An electronic record is deemed to be despatched at the originator’s registered place of business and is deemed to be received at the regis12