Examples of using Interactive applications in English and their translations into Arabic
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Mr. Yang Lixin(China) endorsed the view that the phrase" interactive applications" should be clarified in the commentary.
An earlier version of the text had suggested that a presumption of an intention to be bound in the case of acceptance might be attached to the use of automated message processing systems,termed" interactive applications" in the current text.
He added that it had been suggested that the phrase" interactive applications" should be explained in a footnote or in the commentary.
The Secretariat was further requested to prepare another variant of the entire draft paragraph that should be drawn essentially from a combination of elements of paragraph 1 and the second sentence of paragraph 2, in which the offer of goodsor services through web sites using interactive applications would be presented as an illustration of situations involving only an invitation to make offers.
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However, an Internet website that uses interactive applications may enable negotiation and immediate conclusion of a contract(in the case of virtual goods even immediate performance).
Legal writings on electronic contracting have proposed a distinction between websites offering goods orservices through interactive applications and those that use non-interactive applications. .
Legal writings on electronic commerce have proposed that such interactive applications might be regarded as an offer" open for acceptance while stocks last", as opposed to an" invitation to treat".
The company provides the latest product applications Call your voice(VOIP) to build an integrated Central network provides all the business requirements andprovide value-added service as organs phone licenses and interactive applications with the operating system and connect all branches of the company to enable it to make domestic and international calls with high quality and low cost.
Mr. Estrella Faria(Secretariat) saidthat the Working Group had not defined the term" interactive applications" because, while it was reasonably easy to describe what it meant, it was not easy to establish a concise definition using treaty language.
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However, article 11 clarifies that the merefact that a party offers interactive applications for the placement of orders-- whether or not its system is fully automated-- does not create a presumption that the party intended to be bound by the orders placed through the system.
A proposal for concluding a contract that is not addressed to one or more specific persons, but is generally accessible to persons making use of information systems,including offers using[automated information systems][interactive applications that appear to allow for the contract to be concluded automatically], is to be considered merely as an invitation to make offers, unless it indicates the intention of the offeror to be bound in case of acceptance".
While an automated messagesystem involved the exchange of messages between parties, interactive applications required parties to input information by using a system that appeared to generate a contract and could be used to purchase goods and services.
The Working Group noted that the second sentence of the draft paragraph established a presumption whereby a party offering goods orservices through a web site that used interactive applications enabling negotiation and immediate processing of purchase orders for goods or services might be regarded as making a binding offer, unless it clearly indicated its intention not to be bound.
As a general rule, UNCITRAL considered that it wouldbe unwise to presume that persons using interactive applications to make offers always intended to make binding offers, because this presumption would not reflect the prevailing practice in the marketplace(A/CN.9/546, para. 112).
Typically an" interactive application" is a combination of software and hardware for conveying offers of goods and services in a manner that allows for the parties to exchange information in a structured form with a view to concluding a contract automatically.The expression" interactive applications" focuses on what is apparent to the person accessing the system, namely that it is prompted to exchange information through that information system by means of immediate actions and responses having an appearance of automaticity(A/60/17, para. 87).
In order to avert that risk,companies offering goods or services through a website that use interactive applications enabling negotiation and immediate processing of purchase orders for goods or services frequently indicate in their websites that they are not bound by those offers.
At the Working Group ' s thirty-ninth session, it had been pointed out that entities offering goodsor services through a web site that used interactive applications enabling negotiation and immediate processing of purchase orders for goods or services frequently indicated in their web sites that they were not bound by those offers.
It was pointed out that, in order to avert that risk,entities offering goods or services through a web site that used interactive applications enabling negotiation and immediate processing of purchase orders for goods or services frequently indicated in their web sites that they were not bound by those offers.