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QUESTION 1 Bongi wants to buy a state-of-the-art software program from SEEYOULATER Inc, which will allow him to superimpose text and images such as ...
QUESTION 1
Bongi wants to buy a state-of-the-art software program from SEEYOULATER Inc, which will allow him to
superimpose text and images such as company logos and slogans on the merchandise he sells on his web
site. In the process of buying the software he notices on the terms and conditions of SEEYOULATER Inc’s web
site that there are no refunds for anything purchased via the web site. The contract is concluded by clicking
on an icon stating: “Submit Order”. Bongi is then routed to a web page that states that he has successfully
purchased the software package. The software package is sent automatically as soon as the order is confirmed.
After Bongi receives the software package on his system it is evident that the software package is defective
and not in working order. In answering the questions below you should substantiate your answers with
authoritative sources. Advise Bongi on the following: (a) Whether the requirements of an electronic signature
have been met by clicking on the icon “submit order”. (10)
LEGISLATION & CASE LAW - Section 1 of the Electronic Communications and Transactions Act1 defines
“Electronic Signature” & “Advanced Electronic Signature” as follows: An electronic signature is defined as
“data attached to, incorporated in, or logically associated with other data and which is intended by the user to
serve as a signature”.1 QUESTIONS/ ANSWERS CONTINUE….
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Bongi wants to buy a state-of-the-art software program from SEEYOULATER
Inc, which will allow him to superimpose text and images such as company
logos and slogans on the merchandise he sells on his web site. In the process
of buying the software he notices on the terms and conditions of
SEEYOULATER Inc’s web site that there are no refunds for anything purchased
via the web site. The contract is concluded by clicking on an icon stating:
“Submit Order”. Bongi is then routed to a web page that states that he has
successfully purchased the software package. The software package is sent
automatically as soon as the order is confirmed. After Bongi receives the
software package on his system it is evident that the software package is
defective and not in working order.
In answering the questions below you should substantiate your answers with
authoritative sources.
Advise Bongi on the following:
(a) Whether the requirements of an electronic signature have been met by
clicking on the icon “submit order”. (10)
LEGISLATION & CASE LAW
Section 1 of the Electronic Communications and Transactions Act1 defines
“Electronic Signature” & “Advanced Electronic Signature” as follows:
An electronic signature is defined as “data attached to, incorporated in, or logically
associated with other data and which is intended by the user to serve as a signature”.2
1 Electronic Communications and Transactions Act 25 2002.
2 Section 1 of the Electronic Communications and Transactions Act 25 2002.
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