Act 8
Electronic Transactions Act
2011
(b) a contract may be formed by a party to the transaction using
an electronic agent to enter into the contract.
(2) A party using an electronic agent to enter into a contract
shall, subject to subsection (3), be bound by the terms of the contract
irrespective of whether the party reviewed the actions of the
electronic agent or the terms of the contract.
(3) A party interacting with an electronic agent to form a
contract is not bound by the terms of the contract unless the terms are
capable of being reviewed by a person representing that party before
the formation of the contract.
(4) A contract shall not be formed under subsection (1) where a
person interacts directly with the electronic agent of another party and
the electronic agent makes a material error when creating a data
message unless—
(a) the other party notifies the natural person of the error as
soon as practicable after he or she has learnt of the error;
(b) the electronic agent provides the natural person with an
opportunity to prevent or correct the error;
(c) the party takes reasonable steps, including steps that
conform to the instructions of the natural person to return
any performance received, or, if instructed to do so, to
destroy that performance; and
(d) the party has not used or received any material benefit or value
from the performance received from the natural person.
14. Formation and validity of a contract.
(1) A contract shall not be denied legal effect merely because it
is concluded partly or wholly by means of a data message.
(2) A contract by means of a data message is concluded at the
time when and the place where acceptance of the offer is received by
the person making the offer.
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