The following terms shall apply to this e-mail communication, attachments and all subsequent e-mail communications and attachments, collectively referred to as the electronic message, AGH (registration number: 1995/005872/07) or any of its subsidiaries (“AGH”) may send to you, the receiver.
This e-mail disclaimer shall at all times take precedence over any other e-mail disclaimer(s).
The information contained in this electronic message is confidential and may be legally privileged. It is intended solely for the use of the receiver (individual or entity) to whom AFGH has addressed the electronic message to and others authorised by AGH to receive it. If you are not the intended receiver you are hereby notified that any disclosure, copying, distribution or taking action in reliance of the contents of this information is strictly prohibited and may be unlawful. If you are not the intended receiver of this e-mail (or such person’s authorised representative), then please notify the sender of this e-mail immediately by return e-mail, facsimile or telephone and delete this message from your system. You may not print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person. AGH is not liable for the improper or incomplete transmission of the information contained in this electronic message, or for any delay in its receipt.
AGH is not liable for any harm or loss resulting from malicious software code or viruses in this e-mail or its attachments, including data corruption resulting there from. Any advice or information contained in this e-mail is subject also to any governing agreement between us. Only a director, the chief executive officer, the chief financial officer, a senior manager, a divisional managing director or divisional financial director of AGH or an individual expressly authorised in writing by any of the aforementioned capacities for a specific transaction AND for a determinable period, acting within the scope of their authority, is able to bind AGH contractually. A general authority granted in terms of a delegation of authority or resolution or any other similar document shall not confer the required authority to bind AGH unless specifically stated otherwise.
Unless expressly indicated as such, nothing in this e-mail constitutes an offer, warranty or representation from AGH. AGH expressly contracts out of sections 22 – 26 of the Electronic Communications and Transactions Act (25 of 2002) (“ECTA”). No electronic communication including any data message such as an e-mail or SMS, sent or received will give rise to a binding legal transaction. All legal transactions which are to be entered into with AGH must be concluded in accordance with AGH’s standard contract policy. AGH shall not be liable if any variation is effected to any document or correspondence emailed unless that variation has been approved in writing and signed by an authorised company representative. Use of scanned versions of hand-rendered signatures to give the impression that an e-mail has been “signed” by the sender, is not permitted by AGH and the inclusion of such a “signature” is of no additional force or effect.
In accordance with the ECTA, an e-mail is only deemed to be received by AGH once AGH acknowledges receipt thereof. AGHs will be deemed to have sent an e-mail once reflected as sent on AGH’s e-mail server. An auto-reply shall not constitute a response for the purposes hereof. If this electronic message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender’s scope of employment with AGH and only the sender can be held liable in his/her personal capacity.
AGH respects your privacy and acknowledge that this e-mail will contain personal details, which may belong to you, others and/or to your company (personal information). By sending AGH this email communication, you expressly give AGH consent to process and further process the personal information which will be done in accordance with the Protection of Personal Information Act (4 of 2013) (POPI), AGH’s POPI policy and AGH’s standard section 18 informed consent documentation which sets out why AGH will do with it, and with whom AGH will share it.
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 Pretoria in accordance with the Rules of the Arbitration Foundation of Southern Africa by an independent appointed arbitrator.
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