8
NO. 16 OF 2010
“signed” or “signature” and its grammatical variations means a method (electronic or otherwise) used to identify a person and to indicate the intention of that person in respect of the information contained in a record;
“specified security procedure” means a security procedure which is specified in the Second Schedule;
“specified security procedure provider” means a person involved in the provision of a specified security procedure.
(2) In this Act, “place of business”, in relation to a party, means—
- (a) any place where the party maintains a non-transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or
- (b) if the party is a natural person and he does not have a place of business, the person’s habitual residence.
(3) For the purposes of subsection (2)—
- (a) if a party has indicated his place of business, the location indicated by him is presumed to be his place of business unless another party proves that the party making the indication does not have a place of business at that location;
- (b) if a party has not indicated a place of business and has more than one place of business, then the place of business is that which has the closest relationship to the relevant contract, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the contract;
- (c) a location is not a place of business merely because that location is—
- (i) where equipment and technology supporting an information system used by a party in connection with the formation of a contract are located; or
- (ii) where the information system may be accessed by other parties; and
- (d) the sole fact that a party makes use of a domain name or an electronic mail address connected to a specific country does not
