Act 7 Electronic Signatures Act 2011 (b) has authority to sign digitally on behalf of the principal, and, if that authority is limited in any way, adequate safeguards exist to prevent a digital signature exceeding the bounds of the person’s authority. 56. Disclaimer or indemnity limited. A person shall not disclaim or contractually limit the application of this part, nor obtain indemnity for its effects, if the disclaimer, limitation or indemnity restricts liability for misrepresentation as against persons reasonably relying on the certificate. 57. Indemnification of certification service provider by subscriber. (1) By accepting a certificate, a subscriber undertakes to indemnify the issuing licensed certification service provider for any loss or damage caused by issue or publication of the certificate in reliance on— (a) a false and material representation of fact by the subscriber; or (b) the failure by the subscriber to disclose a material fact, if the representation or failure to disclose was made either with intent to deceive the certification service provider or a person relying on the certificate or with negligence. (2) Where the certification service provider issued the certificate at the request of one or more agents of the subscriber, the agent or agents personally undertake to indemnify the certification service provider under this section, as if they were accepting subscribers in their own right. (3) The indemnity provided in this section shall not be disclaimed or contractually limited in scope. 58. Certification of accuracy of information given. When obtaining information from a subscriber which is material to the issue of a certificate, the certification service provider may require the subscriber to certify the accuracy of the relevant information under oath or affirmation. 38

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