1. This email disclaimer is enforceable and binding on the recipient / addressee in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions (“ECT”) Act 25 of 2002;
    

2. This e-mail transmission contains confidential information, which is the property of Kathea Communication Solutions (Pty) Ltd (hereinafter “Kathea”);
    

3. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorized disclosure and/or use may result in civil and criminal liability;
    

4. The information in this e-mail, links or attachments thereto is intended for the attention and use of the addressee only – if you are not the intended addressee/recipient, you are hereby notified that any disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received this email in error, please delete and destroy it immediately and notify the sender;
    

5. The e-mail address of the sender may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or other online marketing practices without the prior consent of the sender and/or Kathea;
    

6. Under no circumstances shall Kathea or the sender of this email be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if Kathea or the sender of this email have been expressly advised of the possibility of such damages;
    

7. Any agreements concluded with Kathea by using electronic correspondence shall only come into effect once Kathea indicated such contract formation in a follow up or return communication and always subject to the requirements of the ECT Act and contract law in general;
    

8. No e-mail correspondence sent to Kathea shall be deemed to have been received until Kathea has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause. Return e-mail messages blocked by Kathea’s virus detection and/or filtering applications shall not be deemed to have been received by Kathea and/or the addressee;
    

9. No warranties are made or implied that any employee and/or contractor of Kathea is or was authorized to create and send this communication;
    

10. Kathea reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to this e-mail message or the address of the sender;
     

11. Kathea retains the copyright in all e-mail messages and attachments sent from its communications systems insofar as such content is original and subject to copyright. The recipient / addressee is hereby licensed to open and read the message and/or attachments only – all other rights are reserved unless so indicated by the sender and/or Kathea;
     

12. The views and opinions expressed in this e-mail message do not necessarily reflect the views and/or opinions of Kathea. If this e-mail message is used for purposes unrelated to the official business of Kathea, Kathea shall not be liable for any damage, liability, infringement or loss caused by the contents of this message and the sender shall take full responsibility therefore in his/her sole and personal capacity;
     

13. Subject to urgent and interim relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the:

    1. Interpretation, validity, access to and enforceability of this e-mail legal notice;

    2. Content (including message headers, links and/or attachments) of this e-mail message;

    3. time and place this e-mail was sent and/or delivered; and/or

    4. identity of the sender, shall be referred to urgent and confidential arbitration in terms of the expedited arbitration rules of the Arbitration Foundation of Southern Africa and such arbitration shall be conducted in Pretoria in English;
        

14. The law of South Africa shall govern this e-mail message and legal notice;
     

15. Information disclosures required by law:
     

    FULL NAME: KATHEA COMMUNICATION SOLUTIONS (PTY) LTD

    REGISTRATION NUMBER: 1998/012447/07

    DIRECTORS: H PLAATJES, T BUNDO, V GOVENDER, K ABDULLA, P COWEN, W MCLACHLAN

    POSTAL ADDRESS: SUITE 60, PRIVATE BAG X51, RIVONIA, 2128

    STREET ADDRESS: 7 NAIVASHA ROAD, SUNNINGHILL, 2191

    WEBSITE: www.kathea.co.za

    TELEPHONE: 011 844 9900
     

16. This email legal notice shall at all times take precedence over any other e-mail disclaimer(s) attached to return e-mails addressed to any person with an Kathea e-mail account; and
     

17. Please contact the following person should you have any questions regarding this e-mail legal notice:
    Trevyn Kokkinn, Telephone – 011 844 9900 or email: Trevyn.Kokkinn@kathea.co.za.

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