All references in this disclaimer to “the Company” shall be a reference to Food Lovers Holdings (Pty) Ltd and/or any one of its subsidiaries.
This disclaimer applies to all original emails, any attachments and all subsequent emails or attachments (collectively referred to as “the electronic message”) that may be sent by a Company user.
Electronic Communications and Transactions Act
This disclaimer is enforceable and binding on the recipient in terms of Sections 11(1) to 11(3) of the Electronic Communications and Transactions Act (“ECTA”) 25 of 2002, as amended.
The Company expressly contracts out of the provisions of Sections 22, 23, 24, 25 and 26 of ECTA and nothing in this electronic message will give rise to a binding legal agreement or transaction. All legal agreements and transactions that are to be entered into with the Company must be authorised and concluded in accordance with the Company’s Approval Framework by an authorised Company representative.
Receipt and Dispatch of Electronic Messages
Electronic messages sent to the Company will only be regarded as having been received by the Company once the Company expressly acknowledges receipt thereof. The Company will be deemed to have sent an electronic message once the electronic message is reflected as sent on its email server logs.
By inserting or providing the Company with any personal information, whether contained in the electronic message or contained in any attachment, you hereby consent to the processing and further processing by the Company of such personal information, which will be done in accordance with the Protection of Personal Information Act, 4 of 2013 (POPIA). The information contained in any electronic message received from the Company may house the personal information of others, which personal information you may not process or further process unless with the express consent of the owner of such personal information.
The information contained in any electronic message is confidential, unless specifically stated otherwise or unless this is manifestly clear from the context of the electronic message. It is intended solely for the use of the recipient to whom the Company has addressed the electronic message to and others authorised by the Company to receive it. If you are not the intended recipient of the electronic message please notify the sender of the electronic message immediately by return email or telephone and delete the electronic message from your system. Any unauthorised copying, disclosure, adaption, distribution, publication or use of the electronic message is prohibited and may be unlawful and an infringement of copyright.
Confidential and Legally Privileged Communications
All electronic messages sent or received between the Company Legal Department and the Company’s legal and other professional advisors are confidential and legally privileged communications.
Offensive, Derogatory or Defamatory Statements
The Company’s employees and email users are subject to polices that obligate them to use all information and communication systems provided to them by the Company in a responsible and lawful manner. Accordingly, the Company accepts no responsibility for any offensive, unlawful, derogatory or defamatory statements or materials that may be contained in an electronic message. Any such electronic message shall be deemed to have been sent by the sender in his or her personal capacity and outside his or her scope of employment with the Company and such person shall be personally liable for any damages occasioned as a result of the offensive, unlawful, derogatory or defamatory content contained therein.
Limitation of Liability
The Company is not responsible for:
- any improper or unlawful use or dissemination of the information housed under this electronic message or its attachments;
- any incomplete transmission of the information contained in this electronic message or its attachments;
- any harm or loss resulting from malicious software, codes or viruses present in this electronic message or its attachments or any data corruption resulting therefrom; or
- any harm or loss howsoever arising from any defamatory or unlawful content contained in this electronic message or its attachments.
The details of the Food Lover’s Market Group Companies are as follows:
- Food Lovers Holdings (Pty) Ltd
Registration Number: 2015/365671/07
- FLM SA (Pty) Ltd
Registration Number: 2000/008937/07
- Fresh Investments (Pty) Ltd
Registration Number: 2000/008935/07
- Fruit & Veg City Freshstop (Pty) Ltd
Registration Number: 2000/001953/07
- Freshstop Corporate Stores (Pty) Ltd
Registration Number: 2011/145951/07
- Diamonds Discount Liquor (Pty) Ltd
Registration Number: 2007/005950/07