Examination of The Digital Communications and Transactions Action

 Analysis in the Electronic Marketing and sales communications and Ventures Act Dissertation


The Electronic Communications and Transactions Work

1 . Introduction

The emergence of personal computers that are lightweight during the 80's and 90's changed the way companies carried out their business. There was the whole move coming from files and files of paper to electronic sources. Although this move was obviously a significant step in simplifying the way business was conducted, that did not generate any new spaces and channels for marketing and sales people to exploit. Clients were continue to limited to obtaining goods and services at a store and/or use mail order method. This was extremely expensive especially for small businesses as the expense of building or perhaps renting or buying a physical store is incredibly high. After that internet came along and transformed everything. Everyone was connected to the other person regardless of their very own geographical location. Business realised that there is an opportunity to marketplace and sell their products and providers through this kind of channel. Advertising sales people observed an opportunity to explore wider market segments and trade their products and services to consumers around the world. This resulted in buyers and sellers finishing transactions online (online). Small businesses also reached the conscience as costs were at this point greatly reduced. 1 didn't need to have bricks and mortar to trade by. A small businessman can set up a web web page and use it to trade their services and goods. Moreover, a payment can be effected online. In S. africa, there was no specific legal guidelines regulating control over the internet, nevertheless , in 2002 the Electronic digital Communications and Transactions Take action (ECTA) was introduced. The Act attempts to regulate this kind of environment by simply protecting the rights of both the client and the vendor. The Take action has selected provisions that deal with things such as urls, facilitating electric transactions, customer protection, internet crime, etc . These matters will now end up being scrutinized deeper to illustrate their software and practicability in the genuine business world. This will be done by simply attending to a couple of instructions coming from a client, Steve. Instruction 1

2 . Formal requirements for any web page

A web page is a very powerful application in the modern business world. It is essentially a program to trade. Due to the fact that deals are came to the conclusion and obligations are impacted over this kind of platform, the ECT Take action requires suppliers to put specific to put specific information on the net page. In fact , Thornton ainsi que al. (2006: 277) put this issue as follows: " Section 43 of the ECT Work provides which a supplier providing goods or services on the market, for hire or perhaps for exchange by way of an electric transaction must make information listed under this section available to consumers on the website where such goods or services are offered. This kind of suppliers must, for example , offer their total details (i. e. phone owner's name, legal status, physical address, mobile phone numbers, email address, street address where they will receive legal service of documents (an impressive improvement on the conventional terminology of ‘Domicilium citandi et executandi')) and generally a sufficient description with the goods/services to ensure that a potential buyer can make an informed decision with regards to a potential obtain and the selling price of the goods/services”. Collier-Reed & Lehmann (2010: 518) grows on the list and includes information relating to protection of repayment and personal details, the go back, exchange and refund coverage, etc . From the above, it is obvious that a website has to conform to the parts of the Act and thus have adequate information for the safeguard of the consumers and suppliers. Annexure 1, Displays this information using Zando webpage.

3. Validity of internet presents & Enforceability of negotiating The law of contract requires that, for a contract being concluded and become enforceable, an agreement (consensus) should be reached. A valid offer and a valid acknowledgement must happen. Where purchase takes place over internet through data meaning, it...

Bibliography: Collier-Reed, Deb; Lehmann, T (Red). Basics of Business Law. second Edition, 2010. Lexis Nexis, Butterworths: Durban.

Thornton, L; Carrim, Sumado a; Mtshaulana, G; Reburn, G. Telecommunications Legislation in South Africa. 1st Copy. 2006. STE Publishers: Johannesburg.

South Africa. 2002. Electronic Marketing communications and Deals Act 25 of 2002.

Http: //www.zando.co.za/terms-of-use. Date of access: 07 March 2013

South Africa. 2009. Double Silver eagles Brands D. V. versus Digital Orange colored. [2009-0037]

on the lookout for. Annexure you

The attachment shows the terms and conditions for the use of the website, http://www.zando.co.za.


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