Email Legal Notice
THE TERMS AND CONDITIONS BELOW SHALL APPLY TO ALL EMAIL COMMUNICATIONS TO AND FROM PATHFIND MEDIA
1) Kindly take note
- Copyright: The content in or attached to this email is the property of Pathfinder Marketing (Pty) Ltd or has been licensed to Pathfinder Marketing (Pty) Ltd to utilise in accordance with the applicable license. The addressee of this email may read this email and attachments (where applicable) and may only copy the same for purposes of back up, compliance with retention legislation or where the addressee acts as a conduit of the said email. The content and attachments of this email may not be utilised for commercial purposes, unless agreed to between the parties of this email.
- The information contained in or attached to this email may contain confidential and privileged information and is solely for the use of the party to whom the sender intended to send the information (“intended recipient”). Any unauthorised distribution, copying or disclosure of this email and its content is prohibited, unless specifically authorised by the sender. If you have received this message in error, you should notify the sender by reply email immediately, not open the attachments (if any) and delete it.
- Any email content or attachments you transmit to us by electronic mail or otherwise (including any questions, data, answers, comments, suggestions, or the like) will be treated as non-confidential and non-proprietary by us, unless expressly agreed otherwise in writing or where such information is dealt with as privileged information under the Pathfinder Marketing (Pty) Ltd-client relationship.
3) Data & Privacy Protection
- The email address(es) used in this email is/are used for the purpose of conveying this message and related messages only. The email address(es) may not be used for any other purpose unless the parties to this email have opted for such other use. The email address(es) under this email may not be used for any unsolicited communications or placed in a database to be used by 3rd parties for purposes of unsolicited communications.
4) Agreements Online
- No agreement will be concluded by electronic communications unless an authorised representative of Pathfinder Marketing (Pty) Ltd has confirmed such an agreement by return email (auto-response excluded) and subject to contract law in general.
5) Mobile Devices
- The use of mobile devices by our representatives may make the reading of the entirety of an incoming email, especially a chain of email correspondence, and its attachments, difficult, impractical or impossible. Accordingly, recipients of email from Pathfinder Marketing (Pty) Ltd should allow for the fact that where the email has been sent from a mobile device the sender may not have read and considered the entirety of an incoming email and its attachments, and may not be fully aware of their contents. Such recipients should consider seeking confirmation of any advice so given before it is relied upon.
6) Limitation of Liability
- As the integrity of this message cannot be secured on the Internet, Pathfinder Marketing (Pty) Ltd’s liability cannot be triggered by the content of this message;
- Although the sender endeavours to maintain a computer virus-free network, the sender does not warrant that this transmission is virus-free and will not be liable for any damages resulting from any virus whatsoever transmitted;
- PATHFINDER MARKETING (PTY) LTD WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL DAMAGES AND/OR EXPENSES OR ANY LOSS OF PROFITS OF WHATSOEVER NATURE, AS A RESULT OF, BUT NOT LIMITED TO, CORRUPTED DATA, LOSS OF DATA OR NON-FUNCTIONALITY OF INFORMATION SYSTEMS, EVEN IF THE SENDER OF THIS EMAIL HAS BEEN ADVISED OF THE POSSIBILITY; and
- The views and opinions of the individuals expressed in this email may not reflect the views and opinion of Pathfinder Marketing (Pty) Ltd or its director/s. The purpose of the email facility at Pathfinder Marketing (Pty) Ltd is to convey official Pathfinder Marketing (Pty) Ltd communications. Pathfinder Marketing (Pty) Ltd or its director/s will not be liable for any content, opinions or views where the email facility was utilised for any other purpose than as explained above. The sender of this email is expressly required not to make any defamatory statements. Any such communication is contrary to company policy and outside the scope of the employment of the individual concerned;
- This email legal notice shall at all times take precedence over any other email disclaimer(s) attached to return emails addressed to any person with a Pathfinder Marketing (Pty) Ltd email account.
7) Time of receipt
- Despite a possible auto-response confirmation that an email has been received at Pathfinder Marketing (Pty) Ltd, an email shall only be deemed to have been received at Pathfind Media when the recipient at Pathfinder Marketing (Pty) Ltd has received and read it. Return email messages blocked by Pathfinder Marketing (Pty) Ltd antivirus or filtering applications shall not be deemed to have been received by Pathfinder Marketing (Pty) Ltd or the addressee.
8) Interception of Communications
- Pathfinder Marketing (Pty) Ltd has a duty to manage and retain certain records and mitigate possible risks, e.g. (but not limited) to ensure that Pathfinder Marketing (Pty) Ltd operates in an environment free of malicious programmes such as viruses, trojans and spyware, and therefore reserves the right to intercept, monitor, copy (retain) or block email messages to and from Pathfinder Marketing (Pty) Ltd. Should you respond to this email, you consent that your email will be subject to Pathfinder Marketing (Pty) Ltd’s email filtering, scanning, monitoring and blocking procedures.
- Pathfinder Marketing (Pty) Ltd reserves the right to revise these terms at any time, with the revised terms taking effect as of the date of its posting. A certificate signed by us shall be sufficient proof of the date of publication and contents of any version of these terms that may be applicable to a dispute or otherwise.
10) Governing Law and Jurisdiction
- The law of the Republic of South Africa shall govern this legal notice and all parties to this message consent to the jurisdiction of the Western Cape High Court (Cape Town).