You have accessed this web­page by click­ing on ”dis­claimer” which com­ple­ments the Pri­vacy Pol­icy of Char­terQuest [herein referred to as ‘’CQ’’] regard­ing use of this web­site or by click­ing on the warn­ings and dis­claimer hyper­link appear­ing on an email sent to you by an offi­cial from CQ in South Africa (“the email”). The full text of the warn­ings and dis­claimers appear below and is legally incor­po­rated into the email in terms of the South African Elec­tronic Com­mu­ni­ca­tions and Trans­ac­tions Act, 25 of 2002, and is bind­ing on the recip­i­ent and any other per­sons or enti­ties who have sight of the email.

Email Usage: Con­fi­den­tial­ity and Dis­claimer Con­fi­den­tial­ity Warning.

This email and any files or attach­ments trans­mit­ted with it are con­fi­den­tial and intended solely for the use of the indi­vid­ual or entity to whom, or to which they are addressed. If you are not the intended recip­i­ent of this email (or such person’s autho­rised rep­re­sen­ta­tive), please notify the sender of this email imme­di­ately by return e-​mail, fac­sim­ile or tele­phone and delete this mes­sage, together with any, and all attach­ments from your com­puter. If you are not the intended recip­i­ent, then you may not, fur­ther­more, 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, nor rely, or cause to be relied, on the infor­ma­tion con­tained herein. 

Warn­ing con­cern­ing priv­i­lege and author­ity to bind.

The infor­ma­tion in or attached to this email mes­sage is con­fi­den­tial and may be sub­ject to legal priv­i­lege and client con­fi­den­tial­ity. Noth­ing in this mes­sage con­sti­tutes an offer, war­ranty or rep­re­sen­ta­tion of Char­terQuest. Whilst CQ may be enti­tled to rely on and hold you to your offers, war­ranties, rep­re­sen­ta­tions or other state­ments made in or attached to this mes­sage, our employ­ees or rep­re­sen­ta­tives may not con­clude agree­ments or oth­er­wise bind our com­pany via email unless the email is sent by a duly appointed offi­cer of CQ. In the event of any doubt, recip­i­ents of CQ email should con­firm with the sender whether the sender has the nec­es­sary author­ity to bind the com­pany, and if nec­es­sary, may request that the sender’s supe­rior con­firm this in writ­ing prior to con­clud­ing any agree­ment via email.

Dis­claimer con­cern­ing viruses.

Although CQ has taken rea­son­able pre­cau­tions to ensure no viruses are present in this email, the com­pany can­not accept respon­si­bil­ity for any loss or dam­age aris­ing from the use of this email or attach­ments result­ing from mali­cious soft­ware code or viruses con­tained in this mes­sage or attach­ments, includ­ing data cor­rup­tion result­ing there from. CQ warns all recip­i­ents that com­puter viruses can be trans­mit­ted via email. E-​mail trans­mis­sion can­not be guar­an­teed to be secure or error-​free as infor­ma­tion could be inter­cepted, cor­rupted, lost, destroyed, arrive late or incom­plete, or con­tain viruses. The recip­i­ent should check this email and any attach­ments for the pres­ence of viruses.

Dis­claimer con­cern­ing send­ing of spam.

CQ’s employ­ees are pro­hib­ited from send­ing unso­licited mes­sages (“spam”). If this email con­tains spam, then the employee has acted out­side the scope of her or his employ­ment with CQ for which the com­pany accepts no lia­bil­ity what­so­ever. Dis­ci­pli­nary action will be taken against such employ­ees in addi­tion to any legal action that may be insti­tuted against such employ­ees either by the com­pany, reg­u­la­tory author­i­ties and/​or other exter­nal par­ties. If you regard this mes­sage as spam, please inform CQ imme­di­ately by send­ing an email to complaints@​charterquest.​co.​za

Dis­claimer — send­ing of offen­sive, deroga­tory or defam­a­tory matter.

CQ employ­ees are pro­hib­ited from send­ing mes­sages con­tain­ing offen­sive, deroga­tory or defam­a­tory state­ments or mate­ri­als. If this email con­tains such mat­ters, then the employee has acted out­side the scope of her or his employ­ment with CQ for which the com­pany accepts no lia­bil­ity what­so­ever, and only the sender can be held liable in his/​her per­sonal capac­ity. See also “Dis­claimer con­cern­ing per­sonal usage of email” below.

Dis­claimer con­cern­ing per­sonal usage of com­pany email.

The usage of com­pany infra­struc­ture includ­ing email and inter­net facil­i­ties is intended for com­pany work-​related pur­poses. CQ is cog­nisant how­ever, that com­pany per­son­nel do make use of such facil­i­ties for per­sonal rea­sons. Per­son­nel do so, how­ever, on the under­stand­ing that they may not use these facil­i­ties to bring the com­pany into dis­re­pute, com­mit unlaw­ful acts or in any other way to harm the inter­ests of the com­pany. CQ does not accept any lia­bil­ity to recipient(s), either within CQ or exter­nal to CQ, for the actions of its employ­ees when act­ing in a per­sonal capac­ity and dis­claims any lia­bil­ity for the con­tents of email sent by com­pany employ­ees using com­pany facil­i­ties that con­tain par­tial or com­plete per­sonal con­tent. For the pur­poses of this pol­icy, the terms “per­sonal usage”, “per­sonal rea­sons” and “per­sonal con­tent” refer to the usage of com­pany facil­i­ties such as email to con­vey mes­sages to a recipient(s), be it within CQ or exter­nal to CQ, that is not com­pany work-​related product.

Notice con­cern­ing mon­i­tor­ing of email.

CQ employ­ees mak­ing use of com­pany facil­i­ties to send and receive emails, and the recip­i­ents or senders of such emails, are informed that the com­pany has the right to mon­i­tor the use of its facil­i­ties includ­ing the con­tents of emails sent and received by employ­ees. The com­pany endeav­ours to pro­tect the pri­vacy rights of its employ­ees pro­vided that such rights do not impair, harm or threaten the rights of the com­pany and its legit­i­mate inter­ests, or any laws, rules and/​or reg­u­la­tions of exter­nal author­i­ties that may be bind­ing on the company.

Impli­ca­tions of Sec­tion 11(3) of the South African “Elec­tronic Com­mu­ni­ca­tions and Trans­ac­tions Act”.

All com­pany emails may con­tain an abridged dis­claimer which is linked to this page of the com­pany web­site which con­tains the entire dis­claimer. The entire dis­claimer is deemed to form part of the email con­tents in terms of Sec­tion 11(3) of the South African “Elec­tronic Com­mu­ni­ca­tions and Trans­ac­tions Act”, Act 25 of 2002, which reads as fol­lows: ‘’Infor­ma­tion incor­po­rated into an agree­ment and that is not in the pub­lic domain is regarded as hav­ing been incor­po­rated into a data mes­sage if such infor­ma­tion is -
referred to in a way in which a rea­son­able per­son would have noticed the ref­er­ence thereto and incor­po­ra­tion thereof; and
acces­si­ble in a form in which it may be read, stored and retrieved by the other party, whether elec­tron­i­cally or as a com­puter print­out as long as such infor­ma­tion is rea­son­ably capa­ble of being reduced to elec­tronic form by the party incor­po­rat­ing it.”

General

Unless oth­er­wise agreed: (a) CQ is only deemed to have received an email once the recip­i­ent has con­firmed receipt thereof to you; (b) the com­pany deems to have sent an email once reflected as sent on our email server. For the pur­poses of this Con­fi­den­tial­ity and Dis­claimer Warn­ing in respect of the usage of CQ email, the term employee refers to any per­son, whether employed on a per­ma­nent, tem­po­rary or con­tract basis who has access to email ser­vices pro­vided by CQ. The dis­claimer applies to the orig­i­nal mes­sage, any attach­ments and all sub­se­quent mes­sages or attach­ments CQ sends. If you have any ques­tions on this pol­icy, please con­tact CQ cor­po­rate office on +27 11 234 9223 or email us at enquiries@​charterquest.​co.​za.

Copies of the Elec­tronic Com­mu­ni­ca­tions and Trans­ac­tions Act, and Reg­u­la­tion of Inter­cep­tion and Mon­i­tor­ing of Com­mu­ni­ca­tions Act are avail­able from the South African gov­ern­ment web­site at http://www.gov.za/documents/acts.

Actions for breach of this pol­icy by com­pany personnel.

At the sole dis­cre­tion of CQ, dis­ci­pli­nary action may be taken against employ­ees who breach the terms of this pol­icy, and pun­ish­ment may include, amongst other things, sus­pen­sion or ter­mi­na­tion of employ­ment. In addi­tion, legal action may be insti­tuted against such employ­ees by the com­pany, reg­u­la­tory author­i­ties and/​or other exter­nal par­ties.