Section 13 Time and place of despatch and receipt of electronic record
(1) Save as otherwise agreed to between the originator and the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary, the despatch of an electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... occurs when it enters a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software outside the control of the originator.
(2) Save as otherwise agreed between the originator and the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary, the time of receipt of an electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... shall be determined as follows, namely:—
(a) if the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary has designated a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software for the purpose of receiving electronic records,—
(i) receipt occurs at the time when the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... enters the designated computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software; or
(ii) if the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... is sent to a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software of the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary that is not the designated computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software, receipt occurs at the time when the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... is retrieved by the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary;
(b) if the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary has not designated a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software along with specified timings, if any, receipt occurs when the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... enters the computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software of the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary.
(3) Save as otherwise agreed to between the originator and the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary, an electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... is deemed to be despatched at the place where the originator has his place of business, and is deemed to be received at the place where the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary has his place of business.
(4) The provisions of sub-section (2) shall apply notwithstanding that the place where the computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software is located may be different from the place where the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... is deemed to have been received under sub-section (3).
(5) For the purposes of this section,—
(a) if the originator or the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary has more than one place of business, the principal place of business, shall be the place of business;
(b) if the originator or the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary does not have a place of business, his usual place of residence shall be deemed to be the place of business;
(c) "usual place of residence", in relation to a body corporate, means the place where it is registered.