THE TERMS AND CONDITIONS BELOW SHALL APPLY TO ALL EMAIL COMMUNICATIONS TO AND FROM K2014093654 (SOUTH AFRICA) (PTY) LTD. (“Xenisys”)
The content in or attached to this email is the property of Xenisys or has been licensed to Xenisys to utilise in accordance with the applicable license. The addressee of this email may read this email and attachments (where applicable) and may only copy same for purposes of back up, compliance with retention legislation or where addressee acts as a conduit of the said email. The content and attachments of this email may not be utilised for commercial purposes, unless agreed to between the parties of this email.
The information contained in or attached to this email may contain confidential and privileged information and is solely for the use of the party to whom the sender intended to send the information (“intended recipient”). Any unauthorised distribution, copying or disclosure of this email and its content is prohibited, unless specifically authorised by the sender. If you have received this message in error, you should notify the sender by reply email immediately, not open the attachments (if any) and delete it.
Any email content or attachments you transmit to us by electronic mail or otherwise (including any questions, data, answers, comments, suggestions, or the like) will be treated as non-confidential and non-proprietary by us, unless expressly agreed otherwise in writing.
3. DATA & PRIVACY PROTECTION
4. LIMITATION OF LIABILITY
As the integrity of this message cannot be secured on the Internet, Xenisys’s liability cannot be triggered by the content of this message;
Although the sender endeavours to maintain a computer virus-free network, the sender does not warrant that this transmission is virus-free and will not be liable for any damages resulting from any virus whatsoever transmitted;
XENISYS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL DAMAGES AND/OR EXPENSES OR ANY LOSS OF PROFITS OF WHATSOEVER NATURE, AS A RESULT OF, BUT NOT LIMITED TO, CORRUPTED DATA, LOSS OF DATA OR NON-FUNCTIONALITY OF INFORMATION SYSTEMS, EVEN IF THE SENDER OF THIS EMAIL HAS BEEN ADVISED OF THE POSSIBILITY; and
The views and opinions of the individuals expressed in this email may not reflect the views and opinion of Xenisys or its directors. The purpose of the email facility at Xenisys is to convey official Xenisys communications. Xenisys or its directors will not be liable for any content, opinions or views where the email facility was utilised for any other purpose than as explained above. The sender of this email is expressly required not to make any defamatory statements. Any such communication is contrary to company policy and outside the scope of the employment of the individual concerned;
This email legal notice shall at all times take precedence over any other email disclaimer(s) attached to return emails addressed to any person with an Xenisys email account.
5. TIME OF RECEIPT
Despite a possible auto-response confirmation that an email has been received at Xenisys, an email shall only be deemed to have been received at Xenisys when the recipient at Xenisys has received and read it. Return email messages blocked by Xenisys’s anti-virus or filtering applications shall not be deemed to have been received by Xenisys or the addressee.
Interception of Communications: Xenisys has a duty to manage and retain certain records and mitigate possible risks, e.g. (but not limited) to ensure that Xenisys operates in an environment free of malicious programmes such as viruses, trojans and spyware, and therefore reserves the right to intercept, monitor, copy (retain) or block email messages to and from Xenisys. Should you respond to this email, you consent that your email will be subject to Xenisys’s email filtering, scanning, monitoring and blocking procedures.
Xenisys reserves the right to revise these terms at any time, with the revised terms taking effect as of the date of its posting. A certificate signed by us shall be sufficient proof of the date of publication and contents of any version of these terms that may be applicable to a dispute or otherwise.
7. GOVERNING LAW AND JURISDICTION
The law of the Republic of South Africa shall govern this legal notice and all parties to this message consent to the jurisdiction of the Durban High Court (Durban).