These terms and conditions apply to the e-mail communication, attachments and all subsequent communications and attachments from Encapsulate Consulting (Pty) Ltd or any of its subsidiaries (“we”/”us”) may send you (collectively referred to as “the communication”).
The contents of this e-mail and any accompanying documentation are confidential and may be subject to legal privilege and client confidentiality. Any use by anyone other than the addressee is strictly prohibited. If you are not the intended recipient of this email, facsimile or message, kindly notify the sender by return email, facsimile or telephone, as well as deleting it from your system. You may not copy this email or disclose its contents to any other person, without our express written consent.
If you are not the intended recipient of this e-mail (or such person’s authorised representative), then please notify us immediately by return e-mail or to firstname.lastname@example.org, facsimile or telephone and delete this message from your system and you may not 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.
The content of this email and any accompanying documentation relating to the business and its subsidiaries are owned by the business and are protected by copyright and other intellectual property laws. All rights not expressly granted are reserved.
By communicating with us through electronic means, you consent to receiving communications electronically and agree that all agreements, notices, disclosures and all other communications transmitted by electronic means satisfies any legal requirement, including but not limited to the requirement that such communication should be “in writing”. Unless otherwise agreed:
We are only deemed to have received an email once we have confirmed receipt thereof; and we are deemed to have sent an email once reflected as “sent” on our email server.
The business will not be liable if any variation is affected to any document or correspondence emailed unless the variation has been approved by the sender. The business cannot be held liable for any harm or loss resulting from viruses in this message or attachments, including data corruption that results. The business disclaims liability or legal responsibility for the non-delivery or incorrect delivery for whatever reason of the contents of this message, its effect on electronic devices or its transmission in an unencrypted medium.
Personal use by employees
Any views or opinions expressed in this message are those of the individual sender and do not create obligations on or represent any commitment by the business, except where the sender specifically states it to be the views or opinions of the business. If this message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender’s scope of employment with the business and only the sender can be held liable in their personal capacity.
Interception and monitoring
The business reserves the right to monitor, review and disclose all information transmitted or received by employees via email. Employees do not have any privacy right in the creation of, sending of, receipt of or storage of information (e.g. email messages, internet pages) on the systems of the business.
This email and any accompanying documentation are to be interpreted and implemented in accordance with the laws of the Republic of South Africa.
Any dispute which arises in regard to the interpretation of, or the carrying into effect of, or any of the parties’ rights and obligations arising from this email or accompanying documentation will be submitted to and be referred for decision by a single arbitrator, to be agreed upon between the parties, or, in default of agreement for fourteen days, to be appointed at the request of either party in accordance with, and subject to, the provisions of the Arbitration Act 42 of 1965, as amended.