Electronic Transactions Act, 2008 (j) for the provision of accommodation, transport, catering or leisure services where the supplier has commenced the provision of these services on a specific date or within a specific period. Unsolicited goods, services or communications 50.  (1)  Except in the case of a notice sent by an electronic communications provider to a customer in relation to the service, a person shall not send unsolicited electronic communications to a consumer without obtaining the prior consent of the consumer. (2)  A person who sends electronic commercial communication to a consumer shall provide the consumer (a) with the option to cancel the subscription to the mailing list of that person, and (b) with the identifying particulars of the source from which that person obtained the consumer’s personal information at the request of the consumer. (3)  An agreement shall not be deemed to have been concluded where a consumer fails to respond to an unsolicited communication; and the consumer is entitled to recover the costs associated with the cancellation of unsolicited communication. (4)  A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not more than five thousand penalty units or a term of imprisonment of not more than ten years or to both. (5)  A person who sends unsolicited commercial communications to another person or who continues to send unsolicited commercial communications after cancellation of the subscription commits an offence and is liable on summary conviction to a fine of not more than five thousand penalty units or a term of imprisonment of not more than ten years or to both. Liability for misuse of electronic payment medium 51.  (1)  A holder of an electronic payment medium shall not, unless acting in collusion with another person, be liable to the issuer for loss arising from use of the medium by a person who is not acting or being treated as acting as the agent of the holder. 24

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