Email Usage: Confidentiality and Disclaimer Confidentiality Warning.
This email and any files or attachments transmitted with it are confidential and intended solely for the use of the individual or entity to whom, or to which they are addressed. If you are not the intended recipient of this email (or such person’s authorised representative), please notify the sender of this email immediately by return e-mail, facsimile or telephone and delete this message, together with any, and all attachments from your computer. If you are not the intended recipient, then you may not, furthermore, print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person, nor rely, or cause to be relied, on the information contained herein.
Warning concerning privilege and authority to bind.
The information in or attached to this email message is confidential and may be subject to legal privilege and client confidentiality. Nothing in this message constitutes an offer, warranty or representation of CharterQuest. Whilst CQ may be entitled to rely on and hold you to your offers, warranties, representations or other statements made in or attached to this message, our employees or representatives may not conclude agreements or otherwise bind our company via email unless the email is sent by a duly appointed officer of CQ. In the event of any doubt, recipients of CQ email should confirm with the sender whether the sender has the necessary authority to bind the company, and if necessary, may request that the sender’s superior confirm this in writing prior to concluding any agreement via email.
Disclaimer concerning viruses.
Although CQ has taken reasonable precautions to ensure no viruses are present in this email, the company cannot accept responsibility for any loss or damage arising from the use of this email or attachments resulting from malicious software code or viruses contained in this message or attachments, including data corruption resulting there from. CQ warns all recipients that computer viruses can be transmitted via email. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The recipient should check this email and any attachments for the presence of viruses.
Disclaimer concerning sending of spam.
CQ’s employees are prohibited from sending unsolicited messages (“spam”). If this email contains spam, then the employee has acted outside the scope of her or his employment with CQ for which the company accepts no liability whatsoever. Disciplinary action will be taken against such employees in addition to any legal action that may be instituted against such employees either by the company, regulatory authorities and/or other external parties. If you regard this message as spam, please inform CQ immediately by sending an email to [email protected]charterquest.co.za
Disclaimer — sending of offensive, derogatory or defamatory matter.
CQ employees are prohibited from sending messages containing offensive, derogatory or defamatory statements or materials. If this email contains such matters, then the employee has acted outside the scope of her or his employment with CQ for which the company accepts no liability whatsoever, and only the sender can be held liable in his/her personal capacity. See also “Disclaimer concerning personal usage of email” below.
Disclaimer concerning personal usage of company email.
The usage of company infrastructure including email and internet facilities is intended for company work-related purposes. CQ is cognisant however, that company personnel do make use of such facilities for personal reasons. Personnel do so, however, on the understanding that they may not use these facilities to bring the company into disrepute, commit unlawful acts or in any other way to harm the interests of the company. CQ does not accept any liability to recipient(s), either within CQ or external to CQ, for the actions of its employees when acting in a personal capacity and disclaims any liability for the contents of email sent by company employees using company facilities that contain partial or complete personal content. For the purposes of this policy, the terms “personal usage”, “personal reasons” and “personal content” refer to the usage of company facilities such as email to convey messages to a recipient(s), be it within CQ or external to CQ, that is not company work-related product.
Notice concerning monitoring of email.
CQ employees making use of company facilities to send and receive emails, and the recipients or senders of such emails, are informed that the company has the right to monitor the use of its facilities including the contents of emails sent and received by employees. The company endeavours to protect the privacy rights of its employees provided that such rights do not impair, harm or threaten the rights of the company and its legitimate interests, or any laws, rules and/or regulations of external authorities that may be binding on the company.
Implications of Section 11(3) of the South African “Electronic Communications and Transactions Act”.
All company emails may contain an abridged disclaimer which is linked to this page of the company website which contains the entire disclaimer. The entire disclaimer is deemed to form part of the email contents in terms of Section 11(3) of the South African “Electronic Communications and Transactions Act”, Act 25 of 2002, which reads as follows: ‘’Information incorporated into an agreement and that is not in the public domain is regarded as having been incorporated into a data message if such information is -
referred to in a way in which a reasonable person would have noticed the reference thereto and incorporation thereof; and
accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as such information is reasonably capable of being reduced to electronic form by the party incorporating it.”
Unless otherwise agreed: (a) CQ is only deemed to have received an email once the recipient has confirmed receipt thereof to you; (b) the company deems to have sent an email once reflected as sent on our email server. For the purposes of this Confidentiality and Disclaimer Warning in respect of the usage of CQ email, the term employee refers to any person, whether employed on a permanent, temporary or contract basis who has access to email services provided by CQ. The disclaimer applies to the original message, any attachments and all subsequent messages or attachments CQ sends. If you have any questions on this policy, please contact CQ corporate office on +27 11 234 9223 or email us at [email protected]charterquest.co.za.
Copies of the Electronic Communications and Transactions Act, and Regulation of Interception and Monitoring of Communications Act are available from the South African government website at http://www.gov.za/documents/acts.
Actions for breach of this policy by company personnel.
At the sole discretion of CQ, disciplinary action may be taken against employees who breach the terms of this policy, and punishment may include, amongst other things, suspension or termination of employment. In addition, legal action may be instituted against such employees by the company, regulatory authorities and/or other external parties.