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EMAIL DISCLAIMER

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Any electronic mail you receive from a director, employee or representative of MJ Kotze Inc or any other person using a MJ Kotze Inc’ e-mail address, including any attachments thereto (“the e-mail”), is subject to the

 

MJ Kotze Inc.’s e-mail disclaimer (“disclaimer”) set out herein.

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The e-mail may contain information which is confidential, private, subject to legal privilege or otherwise protected by law. If you are not the stated addressee (or such person’s authorised representative) you must –

  • notify the sender of this fact immediately by return e-mail, fax or telephone and delete the e-mail from your system;

  • refrain from printing, copying, forwarding or otherwise disclosing any information contained in the e-mail or any part thereof; and

  • refrain from reading, storing, selling or otherwise using any information contained in the e-mail or any part thereof for any purpose including, without limitation, incorporating any information contained in the e-mail into any database or mailing list for whatever reason, including for purposes of spamming or marketing. Failure to do so may amount to the unlawful interception of a communication, the infringement of copyright and/or the infringement of the right to privacy, thus exposing you to criminal and/or civil liability.

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Notwithstanding any other provision of this disclaimer, neither MJ Kotze Inc, the sender of the e-mail, or any other MJ Kotze Inc.’s representative will be liable for any loss, damage or expense of whatever nature (including without limitation that caused by the corruption or loss of data, damage to software programmes and interruption of business operations) resulting directly or indirectly from the transmission of the e-mail (including without limitation any malicious software code or viruses transmitted together with the e-mail, or any corruption to or loss of data contained in the e-mail).

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The views and opinions expressed in the e-mail do not necessarily reflect the views and opinions of MJ Kotze Inc. In particular, no MJ Kotze Inc.’s representative or employee may send –

  • unsolicited commercial messages (“spam”);

  • messages that infringe any third party’s intellectual property rights (including copyright trademarks) or other rights (“infringing content”); or

  • messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful (“offensive content”).

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If the e-mail constitutes spam, contains infringing content or offensive content, or was otherwise sent for purposes unrelated to the official business of MJ Kotze Inc, that e-mail is contrary to MJ Kotze Inc.’s electronic communications policy and falls outside the scope of employment of the individual concerned and MJ Kotze Inc. will not be liable for any loss, damage or expense of whatever nature resulting therefrom.

 

MJ Kotze Inc. reserves the right to read, monitor, access, block, delete, copy or otherwise intercept any e-mail transmitted to or from the MJ Kotze Inc. mail servers.

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Where the time or date on which the e-mail was transmitted is in issue, unless the content thereof expressly provides otherwise, MJ Kotze Inc. will be deemed to have –

  • sent the e-mail once reflected in our log files as “sent” on our mail servers; and

  • received, but not deemed to have read, an e-mail once reflected in our log files as “received” on our mail servers.

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The disclaimer is governed by the laws of the Republic of South Africa and will be deemed to supersede any terms contained in any e-mail received by MJ Kotze Inc., insofar as these conflict with this disclaimer.

Please contact Martin Kotze on +27 82 891 3029 or send him a message (martin@mjkinc.co.za) should you have any queries or concerns regarding the disclaimer or e-mail.

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