Page:Electronic Transactions Act 2010.pdf/14

Rh Invitation to make offer

14. A proposal to conclude a contract made through one or more electronic communications which is not addressed to one or more specific parties, but is generally accessible to parties making use of information systems, including a proposal that makes use of interactive applications for the placement of orders through such information systems, is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance.

Use of automated message systems for contract formation

15. A contract formed by the interaction of an automated message system and a natural person, or by the interaction of automated message systems, shall not be denied validity or enforceability solely on the ground that no natural person reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract.

Error in electronic communications

16.—(1) Where a natural person makes an input error in an electronic communication exchanged with the automated message system of another party and the automated message system does not provide the person with an opportunity to correct the error, that person, or the party on whose behalf that person was acting, has the right to withdraw the portion of the electronic communication in which the input error was made.

(2) Subsection (1) shall not apply unless the person, or the party on whose behalf that person was acting—
 * (a) notifies the other party of the error as soon as possible after having learned of the error and indicates that he made an error in the electronic communication; and
 * (b) has not used or received any material benefit or value from the goods or services, if any, received from the other party.

(3) Nothing in this section shall affect the application of any rule of law that may govern the consequences of any error other than as provided for in subsections (1) and (2).