Email Legal Notice
1. This e-mail legal notice is enforceable and binding on the recipient / addressee in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions Act (the "ECT Act") 25 of 2002.
2. This e-mail transmission contains confidential information, which is the property of Intertel. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments thereto, to any person whatsoever. Unauthorised disclosure and/or use may result in civil and criminal liability.
3. 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 e-mail in error, please delete and destroy it immediately and notify the sender.
4. 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 Intertel.
5. Under no circumstances shall Intertel or the sender of this e-mail 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 Intertel or the sender of this e-mail have been expressly advised of the possibility of such damages.
6. Any agreements concluded with Intertel by using electronic correspondence shall only come into effect once Intertel 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.
7. No e-mail correspondence sent to Intertel shall be deemed to have been received until Intertel has responded thereto. An auto-reply shall not constitute such "response" for purposes of this clause. Return e-mail messages blocked by Intertel's virus detection and/or filtering applications shall not be deemed to have been received by Intertel and/or the addressee.
8. No warranties are made or implied that any employee and/or contractor of Intertel is or was authorised to create and send this communication.
9. Intertel 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.
10. Intertel 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 Intertel.
11. Intertel does not wish to receive confidential or proprietary information from you via email. Please note that any information or material sent to Intertel via email will be deemed NOT to be confidential.
12. By sending Intertel any information or material via email, you grant Intertel an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that Intertel is free to use any ideas, concepts, know-how or techniques that are sent to it by email for any purpose.
13. The views and opinions expressed in this e-mail message do not necessarily reflect the views and/or opinions of Intertel. If this e-mail message is used for purposes unrelated to the official business of Intertel, Intertel 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.
14. Subject to urgent and interim relief, all disputes and/or disagreements and/or damages and/or liabilities 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 Cape Town in English., in any matter or manner related to the:
14.1. Interpretation, validity, access to and enforceability of this e-mail legal notice;
14.2. Content (including message headers, links and attachments) of this e-mail message;
14.3. The time and place this e-mail was sent and/or delivered; and/or,
14.4. The identity of the sender..
15. The law of South Africa shall govern this e-mail message and legal notice.
16. This e-mail 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 Intertel e-mail account.