Email Disclaimer

IDENTITY RETAILING (PTY) LIMITED ("IDENTITY")
ELECTRONIC MAIL LEGAL NOTICE
 
1. This e-mail legal notice is enforceable and binding on the recipient / addressee in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions Act 25 of 2002. This Act may be downloaded from: http://www.acts.co.za/ect_act/index.htm
   
2. This e-mail transmission contains confidential information, which is the property of IDENTITY. No person, other than the recipient (so indicated by the sender) may use the contents of this message, links or attachments hereto. Unauthorised disclosure and/or use of this message, links or attachments hereto may lead to criminal and/or civil liability.
   
3. If you are not the intended recipient/s, you are hereby notified that any disclosure, copying, distribution or use of the contents of this e-mail transmission or the taking of any action in reliance hereon or pursuant hereto is strictly prohibited.
   
4. The e-mail address of the sender may not be used, copied, sold, disclosed or otherwise incorporated into any database or mailing list for spamming and/or other marketing practices, without the prior written consent of the sender and IDENTITY.
   
5. Should you have received this e-mail in error, please delete and destroy it and any attachments thereto immediately. At no time may you act on the information contained therein.
   
6. Under no circumstances will IDENTITY and/or the sender of this e-mail be liable to any party for any loss/damages (whether direct, indirect, special or other consequential) arising out of/pursuant to the use of this email, any hyper linked web site, or otherwise. More specifically, neither IDENTITY nor the sender shall be liable for (without limitation) any lost profits, business interruption and/or loss of/damage to programmes, data and/or information handling systems or otherwise, even if IDENTITY and/or the sender of this e-mail have been expressly advised of the possibility of such damages.
   
7. Any agreement/s to which IDENTITY is a party and which are to be/were concluded by means of electronic correspondence shall be deemed to come into effect only once IDENTITY has acknowledged such contract formation in writing and which written acknowledgment shall be properly witnessed and signed by an authorised representative of IDENTITY.
   
8. No e-mail correspondence sent to IDENTITY shall be deemed to have been received until IDENTITY has responded thereto. An auto-reply shall not constitute such a response.
   
9. No warranties are made or implied as to the authority of an employee or contractor of IDENTITY. IDENTITY disclaims liability for all/any unauthorised instruction/s and/or communications.
   
10. IDENTITY retains the copyright to/in all e-mail messages and attachments sent from its communication system/s. If you are the intended recipient of an authorised message, you are hereby licensed to open and read the message and/or attachments only – all other rights are reserved by Identity unless so indicated by the authorised sender.
   
11. The views and opinions expressed in this e-mail do not necessarily express and/or reflect the views and/or opinions of IDENTITY. If this e-mail message was used for purposes unrelated to the business of IDENTITY, IDENTITY disclaims liability for all/any loss/damage arising out of/pursuant the content of this message and the sender shall be responsible for the content hereof in his/her personal capacity.
   
12. Subject to urgent and interim court relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the following:
   
 
12.1

Enforceability of this e-mail legal notice;

12.2

Interpretation of this e-mail legal notice;

12.3 Content (including message headers, links and/or attachments) of this e-mail message; or
12.4 Sending or receipt of this e-mail message or otherwise shall be referred to urgent and confidential arbitration in terms of the arbitration rules of the Arbitration Foundation of South Africa (“AFSA”) and such arbitration shall be conducted in Cape Town at a venue nominated by Identity. The arbitration rules may be downloaded from: http://www.arbitration.co.za/downloads/commercial_rules.pdf
   
13. The law of South Africa shall be applied to determine the disputes referred to above.
   
14. Information disclosures required by law:
   
 
14.1

Full name of company: IDENTITY RETAILING (PTY) LIMITED

14.2

Registration number: 1965/001234/07

14.3 VAT registration number: 4140182157
14.4 Country of incorporation: South Africa
14.5 Current directors: CHRIS DURHAM, EMANUAL CRISTAUDO & DOUGLAS DARE
14.6 Postal address: P O Box 600, Cape Town, 8001
14.7 Street address: No. 1 Mostert Street, Cape Town, 8000
14.8 Promotion of Access to Information Act Manual: http://www.identity.co.za/popup/website-terms-and-conditions
   
15. This e-mail legal notice shall at all times take precedence over any other e-mail disclaimer (s) received by employees or contractors utilising the communications facilities of IDENTITY.
   
16. Any recipient of an unacceptable communication, a chain letter or any offensive communication/material of any nature is requested to notify the IDENTITY e-mail administrator (abuse@identity.co.za) immediately in order that appropriate action can be taken against the individual concerned.
 
IDENTITY retains the copyright in this e-mail legal notice. © 2004, ALL RIGHTS RESERVED.