1. INTRODUCTION
1.1. For the purpose of doing business, Synertec Holdings (Pty) Ltd including any and all of its holding company’s, subsidiaries, partners and / or joint venture partners, hereinafter jointly referred to as "Synertec", may from time to time transmit electronic messages, communications and content via its own intranet and networks, third party networks and networking services or the internet;
1.2 These messages includes messages formatted and transmitted as Electronic Mail ("eMail"), Short Message Services ("SMS"), Social Media Messages ("SMM") including the likes of Facebook, X, Whatsapp, Signal, Zoom, Teams, etcetera.
1.2. This Legal Notice is enforceable and binding on any recipient / addressee of such electronic messages, attachments or content in terms of the South African Electronic Communications and Transactions (“ECT”) Act 25 of 2002, Electronic Communications Act ("ECA") 36 of 2005, Protection of Personal Information Act ("POPIA") 4 of 2013 and the Consumer Protection Act 68 of 2008, as amended.
1.3. By directly or indirectly accessing, replying, forwarding, printing, distributing, disseminating, reverse engineering, relying on or in any way shape or form using any of the Content provided in any electronic message transmitted by Synertec, You accept sole liability under this Legal Notice.
2. IN THIS NOTICE
2.1. references to a statutory provision include any subordinate legislation made from time to time under that provision, and include that provision as modified or re-enacted from time to time;
2.2. The headings used in this Notice are used for convenience only and shall not affect the meaning or construction of the contents of this Notice;
2.3. words importing the masculine gender include the feminine and neuter genders and vice versa; the singular includes the plural and vice versa; and natural persons include artificial persons and vice versa;
2.4. references to a "person" include a natural person, company, close corporation or any other juristic person or other corporate entity, a charity, trust, partnership, joint venture, syndicate, or any other association of persons;
2.5. references to a "subsidiary" or a "holding company" shall be references to a subsidiary or holding company as defined in the South African Companies Act 71 of 2008, as amended;
2.6. if a definition imposes substantive rights and obligations on a Party, such rights and obligations shall be given effect to and shall be enforceable, despite that they are contained in a definition;
2.7. any definition, wherever it appears in this Notice, shall bear the same meaning and apply throughout this Notice unless otherwise stated or inconsistent with the context in which it appears;
2.9. where any number of days is prescribed, those days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which event the last day shall be the next succeeding Business Day;
2.10. where the day upon or by which any act is required to be performed is not a Business Day, the Parties shall be deemed to have intended such act to be performed upon or by the next succeeding Business Day;
2.13. references to any amount shall mean that amount exclusive of VAT, unless the amount expressly includes VAT; and
3. CONFIDENTIALITY NOTICE:
2.1 Any electronic message sent, including but not limited to messages that are automatically generated and or submitted, is the sole property of Synertec and contains privileged and confidential information intended solely for the exclusive use and attention of the addressed recipient.
3.2 Any and all message attachments, whether included in the transmission or obtainable via other means such as a downloadable link, is the sole property of Synertec and contains privileged and confidential information intended solely for the exclusive use and attention of the addressed recipient.
3.3 If you have received a message in error, please delete it immediately and notify the sender.
3.4 Unauthorised disclosure, copying, or use of the contents of such message, including any links or attachments, by any person other than the intended recipient(s), may result in civil and criminal liability.
3.5 Any views or opinions expressed in an electronic message submitted by Synertec are those of the individual sender, except where the message explicitly states otherwise, and the sender was authorised, prior to transmission, to represent any such entity's views.
4. MARKETING PROHIBITION:
4.1 The electronic mail addresses, user names, contact numbers and other identifiable contact details of both Synertec and the sender is subject to usage restrictions as stipulated in POPIA and CPA and may not be used, copied, disclosed, sold, incorporated, or shared in any database or mailing list for the purposes of any online marketing practices without the express prior written consent of Synertec.
5. LIMITATION OF LIABILITY:
5.1 Under no circumstances shall Senertec, or the sender of an electronic message be liable to any party for any direct, indirect, special, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of income, business interruption, or loss of data, even if Synertec or the sender has been advised of the possibility of such damages.
6. CONTRACT FORMATION:
Any agreements concluded with Synertec through electronic communication shall only be effective upon Synertec's express written confirmation of such contract formation in subsequent follow-up or return correspondence. Such agreements shall be governed by the requirements set out in Electronic Communications and Transactions Act ("ECTA") and subject to general contract law.
7. RECEIPT OF EMAIL:
7.1 No email communication sent to Synertec shall be deemed as received until Synertec or a representative, employee, agent, or contractor of Synertec has expressly confirmed such receipt in writing.
7.2 An auto-reply correspondence shall not suffice as a response for the purposes of this clause.
7.3 A certificate of receipt shall not suffice as a response for the purposes of this clause.
8. NO WARRANTIES:
8.1 No warranties are made or implied that any employee and/or contractor of Synertec is authorised to create or send any electronic communication unless it has been expressly confirmed in writing by Synertec.
8.2 No warranties, whether express or implied, are made or implied by Synertec, or any authorised representative, employee, agent, or contractor who was authorised to create and send any electronic message or correspondence unless it has been expressly confirmed in writing by Synertec.
9. EMAIL INTERCEPTION:
9.1 Synertec reserves the right to intercept, filter, view, block, delete, copy, read, and act upon any message transmission, including all message transmissions sent as response correspondence to prior message transmissions, or to the identifiable address or username of the sender.
9.2 Synertec retains all copyright in relation to all message transmissions and attachments sent from its correspondence systems, subject to copyright law. The recipient or addressee is hereby licensed to open and read the message transmission and attachments only, all other rights are expressly reserved unless specified otherwise by Synertec.
10. DISCLAIMERS:
10.1 The views and opinions expressed in any electronic communication received from Synertec are those of the message's sender and do not necessarily reflect the views and opinions of Synertec.
10.2 Any electronic message or correspondence used for purposes unrelated to the official business of Synertec shall be deemed the sole responsibility of the sender of such message and as such the sender shall carry sole responsibility and liability for such correspondence. Synertec shall not be liable for any damage, liability, infringement, or loss resulting from the contents of such correspondence.
10.3 This Legal Notice and its accompanying Company Policies are not exhaustive and may be updated at the Synertec's discretion. We advise you to regularly review and comply with the latest version of this Legal Notice and it's accompanying Company Policies.
11. LEGAL JURISDICTION:
11.1 This legal notice, and all electronic messages and correspondence sent or received by Synertec, are subject to, and shall be governed by, South African law.
11.2 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-
11.2.1. interpretation and enforceability of this legal notice;
11.2.2. content (including message headers, links and/or attachments) of any electronic message; and/or
11.2.3. sending or receipt of any electronic message by Synertec, shall be referred to urgent and confidential arbitration.
13. REQUIRED DICLOSURES
13.1 Full name of Company: SYNERTEC HOLDINGS PROPRIETARY LIMITED ( “SYNERTEC” “we,” “us,” or “our” ), is a limited liability company incorporated under the laws of South Africa in terms of the Companies Act No 71 of 2008, with Registration Reg. No.: 2016/065970/07, including any and all of its holding company’s, subsidiaries, partners and / or joint venture partners.
13.2 Reporting and Contact: All legal enquiries and correspondence related to this notice, or any message or correspondence related to the official business of Synertec must be directed to our legal counsel: legal@synertec.co.za.
14. PRIORITY NOTICE:
14.1 This Electronic Communication Disclaimer is a legal notice that governs all electronic communications sent to and issued by Synertec, and shall at all times take precedence over any other messaging notice or disclaimer(s) issued by Synertec.
Synertec retains all copyright in this legal notice.
© 2018 by Synertec Holdings Proprietary Limited | ALL RIGHTS RESERVED.
Copying, distribution or use of this notice, in whole or in part, may result in civil and criminal prosecution.
