which third-party material may be accessed; and
(b)
includes the automatic and temporary storage of the third-party material for
the purpose of providing access;
"third-party", in relation to a network service provider, means a person over whom
the provider has no effective control
PART IV - ELECTRONIC CONTRACTS
10.
Validity of contracts
No contract shall be denied legal effect, validity or enforceability solely on the ground that
an electronic record was used in its formation.
11.
Declarations of intent
No declaration of intent or other similar statement between the originator and the
addressee of an electronic record shall be denied legal effect, validity or enforceability
solely on the ground that it is in the form of an electronic record.
12.
Attribution of electronic record and signature
(1)
An electronic record or electronic signature shall be attributable to a person where it
was the act of that person.
(2)
The act of a person referred to in subsection (1) may be shown in the manner set
out in this section which includes the proper application of any security procedure to
determine the person to whom the electronic record or electronic signature is
attributable.
(3)
An electronic record shall be deemed to be that of the originator where it was sent –
(4)
(a)
by a person who had the authority to act on behalf of the originator in
respect of that electronic record; or
(b)
by an information processing system programmed by or on behalf of the
originator to, operate automatically.
Subject to subsection (5), an addressee is entitled to regard an electronic record as
being that of the originator and to act on t at
assumption where –
(a)
in order to ascertain whether the electronic record was that of the originator,
the addressee properly applied a procedure previously agreed to by the
originator for that purpose; or
(b)
the data message as received by the addressee resulted from the actions of
a person whose relationship with the originator or with any agent of the
originator enabled that person to gain access to a method used by the
originator to identify an electronic record as its own.