- Any electronic mail you receive from an employee of Tri-Star Construction (Pty) Ltd (“the Company”) including any attachments thereto (“the e-mail”), is subject to the Company’s e-mail disclaimer (“disclaimer”) set out below.
- The e-mail may contain information which is confidential, private, subject to legal privilege or otherwise protected by law. If you are not the stated addressee (or such person’s authorised representative) you must –
- notify the sender of this fact immediately by return e-mail, fax or telephone and delete the e-mail from your system;
- not print, copy or disseminate or otherwise disclose any information contained in the e-mail or any part thereof; and
- refrain from reading, storing, selling or otherwise using any information contained in the e-mail or any part thereof for any purpose including, incorporating any information contained in the e-mail into any database or mailing list for whatsoever reason and specifically not for purposes of spamming or marketing. Failure to do so may amount to the unlawful interception of a communication, the infringement of copyright and/or the infringement of the right to privacy, thus exposing you to criminal and/or civil liability.
- Notwithstanding any other provision of this disclaimer, neither the Company nor the employees of the Company will be liable for any loss, damage or expense of whatever nature resulting directly or indirectly from the transmission of an e-mail (including without limitation any malicious software code or viruses transmitted together with the e-mail, or any corruption to or loss of data contained in the e-mail).
- The views and opinions expressed in the e-mail do not necessarily reflect the views and opinions of the Company. It is the Company’s policy that none of its employees may send –
- unsolicited commercial messages (“spam”);
- messages that infringe any third party’s intellectual property rights (including copyright, trademarks and goodwill) or other rights (“infringing content”); or
- messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful (“offensive content”).
If the e-mail constitutes spam, contains infringing content or offensive content, or was otherwise sent for purposes unrelated to the official business of the Company, that e-mail is contrary to the Company’s internal policies and falls outside the scope of employment of the individual concerned and the Company will not be liable for any loss, damage or expense of whatever nature resulting therefrom.
- The Company will not seek to enter in to any agreement with any person by means of an e-mail. It is incumbent on you to insist on proof of the authority of any employee of the Company purporting to seek to conclude an agreement with you by means of e-mail and insist on a separate signed document to evidence any agreement. The Company will not be bound by the terms and conditions of any purported agreement concluded by means of e-mail alone.
- While the Company uses its best efforts to prevent the occurrence of fraudulent e-mails being circulated purporting to emanate from the Company (“phishing”), the Company cannot always prevent the occurrence of attempts by third parties to defraud customers of the Company. The Company will never send any of its customers or clients an e-mail advising a customer or client of a change in the banking details of the Company. Should you receive an e-mail purporting to notify you of a change of the banking details of the Company, or a change in any payment arrangement you may have with the Company, do not act on this information and contact your Company representative immediately to obtain clarity. Unfortunately, the Company cannot accept responsibility for any loss you may suffer as a result of “phishing” and will not be held liable for such loss or action.