Clause 5
Party autonomy
of Electronic Transactions Bill
(1)
Nothing in Part II shall affect any rule of law or obligation requiring the agreement or consent of the parties as to the form of a communication or record, and (unless otherwise agreed or provided by a rule of law) such agreement or consent may be inferred from the conduct of the parties.
(2)
Nothing in Part II shall prevent the parties to a contract or transaction from —
excluding the use of electronic records, electronic communications or electronic signatures in the contract or transaction by agreement; or
imposing additional requirements as to the form or authentication of the contract or transaction by agreement.
(3)
Subject to any other rights or obligations of the parties to a contract or transaction, the parties may, by agreement —
exclude section 6, 11, 12, 13, 14, 15 or 16 from applying to the contract or transaction; or
derogate from or vary the effect of all or any of those provisions in respect of the contract or transaction.