Electronic
244 [ N o . 21 of 2009
and
Communications
Transactions
(d) a party interacting with an electronic agent to form an
a g r e e m e n t shall not be b o u n d by t h e t e r m s o f t h e
agreement unless those terms were capable of being
reviewed by a natural person representing that party
prior to agreement formation;
(e) no agreement shall be formed where a natural person
interacted directly with the electronic agent o f another
person and made a material error during the creation of
a data message a n d —
(i) the electronic agent did not provide that person
with an opportunity to prevent or correct t h e
error;
(ii) that person notified the other person of the error
as soon as practicable after that person learnt
ofit;
(iii) that person takes reasonable steps, including steps
that conform to the other person's instructions
to r e t u r n a n y p e r f o r m a n c e r e c e i v e d , or, if
instructed to do so, to destroy that performance;
and
(iv) that person has not used or received any material
benefit or value from any performance received
from the other person.
PART III
COMMUNICATION OF DATA MESSAGES
Variation by
agreement
between
parties
1 4 . This Part only applies if the parties involved in generating,
sending, receiving, storing or otherwise processing data messages
have not reached agreement on the issues provided for in the data
messages.
Formation
and validity
of
agreements
15. (1) A n agreement shall not be without legal force and effect
merely because it w a s concluded partly or in whole by means of
data m e s s a g e s .
(2) An agreement concluded between parties by means of data
messages shall be concluded at the time when, and place where,
the acceptance of the offer was received by t h e offeree.
Time and
place of
oommunicatbn,
dispatch and
receipt
16.
A data m e s s a g e —