This e-mail disclaimer (the “Disclaimer”) is enforceable and binding on the recipient of this email, together with any links or attachments transmitted with it (collectively, the “E-mail”) in terms of the Electronic Communications and Transactions Act 25 of 2002. Unauthorised disclosure or use of this E-mail may result in civil and criminal liability.
This E-mail may be confidential, legally privileged and protected by law and remains the property of Trollope Mining Services (2000) (Pty) Ltd (“TMS”). TMS retains all intellectual property rights which it may have in respect of any information contained in this E-mail.
This E-mail is intended for the sole use of the individual or entity to which it is addressed (the “Authorised Recipient”). A person, other than the Authorised Recipient (the “Unauthorised Recipient”) may not use or disclose the contents of this E-mail to any other person, unless as required by law, in which case such Unauthorised Person shall advise TMS in writing.
Upon receipt of this E-mail, the Unauthorised Recipient must: (a) immediately notify the sender of the E-mail and delete it, (b) not disclose the contents of the E-mail to any other person or use it for any purpose or store or copy or distribute the information contained in the E-mail in any medium, and (c) save for the actions required to be taken by the Unauthorised Person pursuant to this Disclaimer, not engage in any conduct in reliance on the E-mail.
Unless the context of the E-mail indicates otherwise, any view or opinion presented in this E-mail is solely that of its author (the “E-mail Author”) and does not necessarily represent the opinion or view of TMS. Unless the context of the E-mail states otherwise, no warranty is given by TMS or the Email Author that the latter was authorised to send this Email on behalf of TMS.
TMS and the Email Author accept no liability whatsoever for any loss or damages whatsoever and howsoever incurred or suffered resulting from the use of this E-mail (for the avoidance of doubt, including as a result of this E-mail containing software viruses, or other malicious software). The Recipient who uses this E-mail hereby indemnifies TMS and the E-mail Author against any loss or damages suffered by any third party. Neither TMS nor the Email Author warrants the integrity of this E-mail, nor that it is free of errors, viruses or that it has or has not been intercepted.
TMS reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this E-mail and all e-mail messages sent as reply messages to the e-mail address of the Email Author.
In the event that this E-mail is used for purposes other than official TMS business, the E-mail Author shall be liable for any damages or losses suffered by any party as a result or arising out of this E-mail, in his or her personal capacity.
No e-mail address contained in this E-mail may be used, copied, sold, disclosed or incorporated into any database or mailing list for marketing activities.
This Disclaimer is governed by South African law. Any dispute arising out of this Disclaimer must be brought before a competent South African court.