Applicability: This disclaimer applies to our original e-mail, any attachments and all subsequent e-mails or attachments that Yummiberry (Pty) Limited, (the “Company”) user may send.
Recipients of e-mail from the Company: E-mails and their attachments (collectively referred to for convenience as “e-mail”) are intended for the named recipient/s ONLY. If you are not the named recipient (or their authorised representative) or an intended recipient of a copy of the e-mail, or have otherwise received the e-mail in error:
•Kindly notify the sender (as specified in the e-mail) using the contact details contained in such e-mail and delete this message once you have notified the sender.
•You may not forward, copy or otherwise transmit or disseminate the e-mail or any of the contents thereof to any person other than the named sender or an employee of the Company’s IT Department.
•You may not print, save or otherwise store the e-mail or any of the contents thereof in electronic or physical form.
Virus Warning: All reasonable precautions have been taken by us to ensure that no viruses are present in our e-mail to you, as the Company cannot accept responsibility for loss or damage arising from the use of the e-mail or attachments. We recommend that you scan all of your emails and attachments for viruses.
Confidential: The e-mail and its contents are confidential, unless specifically stated or if this is manifestly clear from the context (including, by way of example, press releases and other official statements, issued by way of e-mail). If you are not certain of the confidentiality status of an e-mail please contact the sender to confirm this. In addition, e-mails may be logged for archival purposes and may be reviewed by parties at the Company other than those named in the message header. Any unauthorised copying, disclosure, adaption, distribution, publication and/or use of, or any other unauthorised action taken based on this e-mail message, is strictly prohibited and may be unlawful and an infringement of copyright.
Offers, warranties and representations: The e-mail does not necessarily constitute an official representation of the Company unless this is specifically stated or clearly and objectively ascertainable from the contents of the e-mail itself.
E-mails from the Company do not, as a rule, contain warranties, representations or offers. You accordingly cannot rely on any purported warranty, representation or offer unless it is explicitly stated in the e-mail and the e-mail has been sent by a representative of the Company duly authorised to give warranties or make representations or offers on behalf of the Company.
Notwithstanding the above statement, the Company is entitled to rely on the contents of any e-mail sent to it (including warranties, representations or offers) unless otherwise provided.
Agreements: Company employees are not authorised to conclude binding agreements on behalf of the Company by e-mail and nothing contained in this e-mail shall be construed as a legally binding agreement or an offer to contract.
Damages: While the Company uses its best endeavours to prevent loss or damage to third party systems, it cannot be held liable for any loss or damage due to viruses or other malicious code in an e-mail, corruption of data or any “denial of service” or similar exploit caused by a virus or malicious code.
Offensive e-mail content: Our employees and other users of the Company e-mail are subject to policies that prohibit:
•the obscuring, suppressing, or replacing another user’s identity on an e-mail (pretending to be someone else);
•the use of the Company’s information and communications systems for the exercise of the employee’s right to free speech;
•sexual, religious, political and racial harassment;
•profanity, obscene, offensive, derogatory or defamatory remarks;
•otherwise unlawful communication via e-mail.
Accordingly, if an e-mail sent by a Company user breaches any of these provisions, that e-mail is sent in that person’s personal capacity and the Company is not liable for such messages. The Company will take appropriate disciplinary action against any person breaching these provisions and you can report any such breach to firstname.lastname@example.org
Transmission and Receipt: In accordance with the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), an e-mail is only deemed to be received by the Company once this is confirmed to you orally or in writing and an e-mail is deemed to have been sent by the Company or its workers as soon as this is reflected in the Company’s mail server logs. An auto-reply shall not constitute a response for purpose hereof.
Disclosure of e-mail address: The e-mail address of any employee of the Company who is a party to this e-mail may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or online marketing practices without the prior consent of the employee and/or the Company.
ECTA: This e-mail disclaimer is enforceable and binding on the recipient in terms of sections 11(1) to 11(3) of ECTA. This e-mail disclaimer shall at all times take precedence over any other e-mail disclaimer(s).
General: This e-mail disclaimer shall be governed by the law of South Africa. Any dispute arising from or in connection with this disclaimer shall be resolved at Ramsgate in accordance with the AFSA by an independent appointed arbitrator.