Application Of This Disclaimer
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 –
- Notify the sender or the Group of this fact immediately by return e-mail, fax or telephone and delete the e-mail from your system (relevant contact details for the Group may be found below);
- Refrain from storing, printing, copying, forwarding, extracting or disclosing any information contained in the e-mail or any part thereof; and
- Refrain from reading, storing, using, selling or incorporating any information contained in the e-mail into any database or mailing list for whatever reason, including for, but not limited to, purposes of spamming or marketing.
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) –
- Any messages which solicit or induce any party to act unlawfully, wrongfully or in breach of any agreement; or
- Uunsolicited commercial messages where recipients of unsolicited email have not specifically opted to receive or, having done so, have indicated their unwillingness to receive further unsolicited email (“spam”); or
- Messages that infringe any third party’s copyright, trademarks or other rights and interests (“infringing content”), or
- Messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful (“offensive content”).
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.
Interception and monitoring
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.
Delivery and Receipt
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 –
- Sent the e-mail once reflected in our log files as “sent” on our mail servers; and
- Received an e-mail once reflected in our log files as “received” on our mail servers.
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:
- Email: firstname.lastname@example.org
- Phone: +27 (11) 517-0000
- Post: Private Bag x4, Sunninghill 2157, Republic of South Africa
- Physical address: 16 Peltier Drive, Sunninghill, 2157, Gauteng, Republic of South Africa
The Group comprises the following business divisions of Massmart Holdings Limited and their subsidiaries as listed from time to time: