Your access to, use and/or consumption of electronic mail you receive from an employee or representative of Massmart Holdings Limited (Registration No. 1941/014066/06) and/or any of its subsidiaries (“the Group” as detailed below), including any attachments thereto (“the e-mail”), is subject to the Group’s e-mail disclaimer (“disclaimer”) set out in this document. If you do not agree to be bound by this disclaimer you should not communicate with the Group, and/or receive or open communications from the Group using email or any other mode of communication which this disclaimer governs.
The e-mail may contain information which is confidential, private or privileged in nature. If you are not the stated addressee (or such person’s authorised representative) you must –
Failure to do so may amount to the unlawful interception of a communication, breach of privilege and/or confidentiality, the infringement of copyright and/or the infringement of the right to privacy, thus potentially exposing you to both criminal and civil liability.
Neither the Group, the sender of the e-mail, nor the Group’s representatives shall 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 programs 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).
The views and opinions expressed in the e-mail do not necessarily reflect the Group’s views and opinions. In particular, the Group’s representatives or employees are not permitted to send (and you agree that the Group shall not be liable or responsible for) –
If the e-mail constitutes spam, contains infringing content or offensive content, or was otherwise sent for purposes unrelated to the Group’s official business, the Group shall not be liable for any loss, damage or expense of whatever nature, howsoever arising resulting your receipt, use and/or consumption of this e-mail.
You consent to the Group monitoring, accessing, blocking, deleting, copying or otherwise intercepting e-mails originating from the Group and/or its employees and representatives as well as any e-mail sent in reply to the originating e-mail.
Notwithstanding the provisions of the Electronic Communications and Transactions Act 25 of 2002, you specifically agree that, unless the Group or its representatives expressly state in writing that the content of the e-mail is intended to have contractual significance either wholly or in part, such communications shall not bind the Group in any way whatsoever. In other words, you agree that you may not rely on the e-mail, either wholly or in part, as constituting a contract between you and the Group unless the Group expressly states, in writing, that the e-mail is intended for such purposes.
Where the time or date on which the e-mail was transmitted is in dispute, unless the content of the e-mail expressly provides otherwise, the Group will be deemed to have –
You agree that data messages (as defined in the Electronic Communications and Transactions Act, 2002) addressed by you to the Group or vice versa will be deemed to have been created and sent from Johannesburg South Africa.
Any data messages that are sent by you to the Group from a computer, IP address or mobile device normally used or owned by you will be deemed to have been sent by you to the Group by you or on your behalf by a person duly authorized by you.
Communications regarding e-mails you may have received from or which originated from the Group are to be directed as follows: