12.(1) Save as otherwise agreed between the originator and the addressee, the dispatch of an electronic record
occurs when it enters a computer resource outside the control of the originator.
(2)
Save as otherwise agreed between the originator and the addressee, the time of receipt of an electronic
record shall be determined as follows, namely (a)
(b)
if the addressee has designated a computer resource for the purpose of receiving
electronic records.
(i)
receipt occurs at the time when the electronic record enters the designated
computer resource; or
(ii)
if the electronic record is sent to a computer resource of the addressee that is
not the designated computer resource, receipt occurs at the time when the
electronic record is retrieved by the addressee;
if the addressee has not designated a computer resource along with specified timings, if
any receipt occurs when the electronic record enters the computer resource of the
addressee.
(3)
Save as otherwise agreed between the originator and the addressee, an electronic record is deemed to be
dispatched at the place where the originator has his place of business, and is deemed to be received at the place
where the addressee has his place of business
(4)
The provisions of subsection (2) shall apply notwithstanding that the place where the computer resource
is located may be different from the place where the electronic record is deemed to have been received under
subsection (3).
(5)
For the purposes of this section —
(a)
if the originator or the addressee has more than one place of business, the principal
place of business shall be the place of business;
(b)
if the originator or the addressee does not have a place of business, his usual place of
residence shall be deemed to be the place of business;
(c)
“usual place of residence', in relation to a body corporate, means the place where it is
registered.
Part V - Secure Electronic Records and Secure Digital Signatures
13.
Where any security procedure has been applied to an electronic record at a specific point of time, then
such record shall be deemed to be a secure electronic record from such point of time to the time of verification.
14.
If by application of a security procedure agreed to by the parties concerned it can be verified that a digital
signature, at the time it was affixed was —
(a)
unique to the subscriber affixing it;
(b)
capable of identifying such subscriber; and
(c)
created in a manner or using a means under the exclusive control of the subscriber and
is linked to the electronic record to which it relates in such a manner that if the
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