Electronic 244 [ N o . 21 of 2009 and Communications Transactions (d) a party interacting with an electronic agent to form an a g r e e m e n t shall not be b o u n d by t h e t e r m s o f t h e agreement unless those terms were capable of being reviewed by a natural person representing that party prior to agreement formation; (e) no agreement shall be formed where a natural person interacted directly with the electronic agent o f another person and made a material error during the creation of a data message a n d — (i) the electronic agent did not provide that person with an opportunity to prevent or correct t h e error; (ii) that person notified the other person of the error as soon as practicable after that person learnt ofit; (iii) that person takes reasonable steps, including steps that conform to the other person's instructions to r e t u r n a n y p e r f o r m a n c e r e c e i v e d , or, if instructed to do so, to destroy that performance; and (iv) that person has not used or received any material benefit or value from any performance received from the other person. PART III COMMUNICATION OF DATA MESSAGES Variation by agreement between parties 1 4 . This Part only applies if the parties involved in generating, sending, receiving, storing or otherwise processing data messages have not reached agreement on the issues provided for in the data messages. Formation and validity of agreements 15. (1) A n agreement shall not be without legal force and effect merely because it w a s concluded partly or in whole by means of data m e s s a g e s . (2) An agreement concluded between parties by means of data messages shall be concluded at the time when, and place where, the acceptance of the offer was received by t h e offeree. Time and place of oommunicatbn, dispatch and receipt 16. A data m e s s a g e —