Andre – John Truter
Student number: 62424041
LAW OF ELECTRONIC COMMERCE – LML4810
Assignment 1 – 31 March 2020
UNIQUE NUMBER: 504 233
QUESTION 1
1.1) Before one is able to purchase a product from the Takealot.com website the
registration process must be completed. The registration process entails
providing Takealot.com with certain details, such as your name and email
address, and at the bottom of the page, contained in the phrase, “By clicking
on "Register Now" you agree to TAKEALOT.com's Terms and Conditions”, is
a hyperlink to the terms and conditions of registration. This is an example of a
click-wrap agreement.
Once registered one logs into Takealot.com website and various products
appear advertised for sale on the display. The products are refined by
performing a search for “Law of Electronic Commerce” in the search bar which
appears at the top of the page and all of the products which fit the search
parameters are displayed. The desired product is chosen by clicking on the
icon and the user is taken to a page which provides a product description,
product information, reviews, estimated delivery times and certain specified
terms and conditions of purchasing that particular product. If satisfied the user
clicks on “add to cart” and the product is logged for later review and finalisation
of the purchase, allowing the user to continue shopping.
The user will then click on the “shopping cart” icon which directs the user to a
page where the nature of the product, the price and the quantity being
purchased can be reviewed. The “proceed to checkout” icon is clicked next
and this directs the user to an “order summary” page, which displays the total
price due and the option of collection or delivery is given to choose from. Writer
hereof selected the delivery option and an address for delivery had to be
, provided, where after a final purchase review is afforded to the user including
the item being purchased, quantity, price and delivery address. If satisfied, the
user clicks “continued” and is taken to a page to complete payment details and
affect payment to Takealot.com.
1.2 The first challenge which will be addressed in this course is contained in
clause 2 of Takealot.com’s terms and conditions, namely consumer
protection. This is a very important challenge as consumers place a great deal
of trust in online service providers by providing their personal information. By
engaging in an electronic commercial transaction the consumers open
themselves to the risk of fraud, abuse of personal information, and theft to
name but a few.
The second challenge which will be studied in this course the contained in
clause 15 of Takealot.com’s terms and conditions, namely the privacy policy.
The site requires users to supply personal information prior to making a
purchase and how this information is kept confidential, when it will be
disclosed, and to whom. It does not, however, detail who will be held
accountable for any misuse of the information.
1.3 There are various legal instruments which address the challenges noted
above including, but not limited to, the Electronic Communications and
Transactions Act 25 of 2002 (herein after referred to as the “ECT Act”), the
Electronic Communications and Transactions Amendment Bill of 2012, the
Consumer Protection Act 68 of 2008 (herein after referred to as the “CPA”),
and the Protection of Personal Information Act 4 of 2013 (herein after referred
to as the “POPI Act”. However, in terms of section 42(1) of the ECT Act, all
electronic transactions are governed by the provisions of the ECT Act,
excluding the transactions contained in section 42(2).1
Consumer protection, as identified above, is regulated by chapter 7 of the ECT
Act. Section 42 sets out which transactions the ECT Act applies to and which
1 Act 25 of 2002.
