Perhaps most interesting, in the terms and conditions accompanying the application (perhaps I am the only one who reads them!), there appears the following:
The App includes functionality that allows users to create electronic representations of their handwritten signatures. In the UK, such electronic representations are legally binding in the same way as signing a paper version of a contract would be and are admissible in evidence in UK courts in relation to the authenticity of a contract. So, to be clear, assuming a contract would otherwise be legally binding, the signing of that contract electronically using the App, will not render the contract invalid.
Please note however, that if you intend to use the App for contracts that are not subject to the laws and jurisdiction of the UK, it is your responsibility to obtain legal advice (prior to using the ‘Sign’ functionality) to ascertain whether electronic signatures are valid under the laws and jurisdiction applicable to your contract.
The paragraph at the end of the T&C extract basically states that prior to using the SoftSign signature for any contracts, legal advice must be sought. It provides a simple digital signature but obviously not an Advanced Electronic Signature and could not be used for land transfers and most financial transactions.
ReplyDeleteThe T&C states that if the contract is legally binding then adding the SoftSign signature will NOT render the contract invalid. In otherwords it adds nothing and takes nothing away.