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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter III : Facilitating Electronic Transactions

Part 1 : Legal requirements for data messages

20. Automated transactions


In an automated transaction

(a) an agreement may be formed where an electronic agent performs an action required by law for agreement formation;
(b) an agreement may be formed where all parties to a transaction or either one of them uses an electronic agent;
(c) a party using an electronic agent to form an agreement is, subject to paragraph (d), presumed to be bound by the terms of that agreement irrespective of whether that person reviewed the actions of the electronic agent or the terms of the agreement;
(d) A party interacting with an electronic agent to form an agreement is not bound by the terms of the agreement unless those terms were capable of being reviewed by a natural person representing that party prior to agreement formation;
(e) no agreement is formed where a natural person interacts directly with the electronic agent of- another person and has made a material error during the creation of a data message; and—
(i) the electronic agent did not provide that person with an opportunity to prevent or correct the error;
(ii) that person notifies the other person of the error as soon as practicable after that person has learned of it;
(iii) that person takes reasonable steps, including steps that conform to the other person's instructions to return any performance received, 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.