The following terms shall apply to this e-mail communication, attachments and all subsequent e-mail communications and attachments, collectively referred to as the electronic message, which the AFGRI Group may send to you, the receiver.
For purposes of this e-mail disclaimer:
“AFGRI Group” shall mean collectively:
AFGRI Holdings Proprietary Limited (registration number: 2013/013161/07) (“AFGRI Holdings”),any direct or indirect subsidiary( within the meaning of section 3 of the Companies Act ) of AFGRI Holdings, any partnership, unincorporated joint venture or trust in which AFGRI Holdings or any Group Entity has a direct or indirect partnership of 50% or more, any company , partnership, unincorporated joint venture or trust which is controlled by any Group Entity and , any directors, officers, employees, agents or contractors of AFGRI Holdings or any Group Entity.
“Group Entity” shall mean AFGRI Holdings and any entity forming part of the AFGRI Group.
This e-mail disclaimer shall at all times take precedence over any other e-mail disclaimer(s).
The information contained in this electronic message is confidential and may be legally privileged. It is intended solely for the use of the receiver (individual or entity) to whom the AFGRI Group has addressed the electronic message to and others authorised by the AFGRI Group to receive it. If you are not the intended receiver you are hereby notified that any disclosure, copying, distribution or taking action in reliance of the contents of this information is strictly prohibited and may be unlawful. If you are not the intended receiver of this e-mail (or such person’s authorised representative), then please notify the sender of this e-mail immediately by return e-mail, facsimile or telephone and delete this message from your system. 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. AFGRI is not liable for the improper or incomplete transmission of the information contained in this electronic message, or for any delay in its receipt.
The AFGRI Group is not liable for any harm or loss resulting from malicious software code or viruses in this e-mail or its attachments, including data corruption resulting there from. Any advice or information contained in this e-mail is subject also to any governing agreement between us. Only a director, the chief executive officer, the chief financial officer, a senior manager, a divisional managing director or divisional financial director of the AFGRI Group or an individual expressly authorised in writing by any of the aforementioned capacities for a specific transaction AND for a determinable period, acting within the scope of their authority, is able to bind the AFGRI Group contractually. A general authority granted in terms of a delegation of authority or resolution or any other similar document shall not confer the required authority to bind the AFGR Group I unless specifically stated otherwise.
Unless expressly indicated as such, nothing in this e-mail constitutes an offer, warranty or representation from the AFGRI Group. The AFGRI Group expressly contracts out of sections 22 – 26 of the Electronic Communications and Transactions Act (25 of 2002) (“ECTA”). No electronic communication including any data message such as an e-mail or SMS, sent or received will give rise to a binding legal transaction. All legal transactions which are to be entered into with the AFGRI Group must be concluded in accordance with the AFGRI Group’s standard contract policy. The AFGRI Group shall not be liable if any variation is effected to any document or correspondence emailed unless that variation has been approved in writing and signed by an authorised company representative. Use of scanned versions of hand-rendered signatures to give the impression that an e-mail has been “signed” by the sender, is not permitted by the AFGRI Group and the inclusion of such a “signature” is of no additional force or effect.
In accordance with the ECTA, an e-mail is only deemed to be received by the AFGRI Group once the AFGRI Group acknowledges receipt thereof. The AFGRI Group will be deemed to have sent an e-mail once reflected as sent on the AFGRI Group’s e-mail server. An auto-reply shall not constitute a response for the purposes hereof. If this electronic 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 AFGRI Group and only the sender can be held liable in his/her personal capacity.
The AFGRI Group respects your privacy and acknowledge that this e-mail will contain personal details, which may belong to you, others and/or to your company (personal information). By sending the AFGRI Group this email communication, you expressly give AFGRI consent to process and further process the personal information which will be done in accordance with the Protection of Personal Information Act (4 of 2013) (POPI), the AFGRI Group’s POPI policy and the AFGRI Group’s standard section 18 informed consent documentation which sets out why the AFGRI Group needs the personal information, what the AFGRI Group will do with it, and with whom the AFGRI Group will share it.
This e-mail disclaimer shall be governed by the law of South Africa. Any dispute arising from or in connection with this disclaimer shall be resolved at Pretoria in accordance with the Rules of the Arbitration Foundation of Southern Africa by an independent appointed arbitrator.
The AFGRI Group subscribes to Tip-Offs Anonymous. Help us to fight crime, fraud, theft, bribery and corruption, unethical behaviour or any other activity which is detrimental to our success by phoning the Tip-Offs Anonymous hotline on 0800-20-45-62 or e-mail Tip-Offs Anonymous at [email protected].