E-mail Disclaimer

  1. The information contained in any electronic mail communication you receive from an employee or representative of NewBucks Operations (Proprietary) Limited t/a eBucks (hereinafter referred to as "eBucks"), including any attachments thereto and all subsequent communications and attachments (hereinafter referred to as "the e-mail"), are subject to eBucks’ e-mail disclaimer ("disclaimer") as set out herein.
  2. The information contained in the email is private, privileged and confidential in nature and may contain proprietary information.
  3. The e-mail is meant solely for the intended recipient, accordingly access to the email by anyone else is unauthorized.
  4. If you are not the intended recipient of the e-mail (or such recipient's authorised representative), then -
    1. kindly notify the sender of the e-mail of this fact immediately by return e-mail, facsimile or telephone and delete the e-mail from your system;
    2. you are prohibited from printing, storing, copying, forwarding or otherwise disclosing any information contained in the e-mail or any part thereof; and
    3. you shall refrain from selling, displaying or offering for sale or utilising in any manner whatsoever, the information or any part thereof contained in the e-mail; and
    4. you may not incorporate the information or any part thereof into any database or mailing list for whatsoever reason, including for purposes of sending unsolicited commercial messages (hereinafter referred to as “spam”), marketing, industry comparisons and/or journalism.
  5. Your failure to strictly comply with the provisions of paragraph 4 (a) – (d) above may amount to the unlawful interception of communication, the unlawful infringement of intellectual property rights and the unlawful infringement of the right to privacy: to do so may be both a criminal offence and a civil wrong and eBucks reserves all its rights and remedies to institute the appropriate claim against you, including the right to claim damages from you should your actions/omissions have caused eBucks harm.
  6. At present, the integrity of e-mail across the Internet cannot be guaranteed and messages sent via this medium are potentially at risk. For this reason it will be inappropriate to rely on advice contained in the e-mail without obtaining written confirmation, in the form of a facsimile and/or letter, of such advice.
  7. Although eBucks takes reasonable precautions to ensure that the e-mails sent are free of viruses, this cannot be guaranteed and eBucks, its holding, subsidiary and associated companies cannot be held liable for any damages you may suffer as a result of the transmission of a virus or malicious software code with the e-mail. You are accordingly advised to ensure that the e-mail is screened by up-to-date virus checking software.
  8. Furthermore, eBucks, its holding, subsidiary and associated companies expressly excludes, to the extent permitted by law, all liability for any loss, damage or expense of whatever nature (including without limitation which may cause the corruption or loss of data, damage to software programmes and interruption of business operations) resulting directly or indirectly from the use of messages sent via the Internet to transmit information by or to eBucks.
  9. eBucks, its holding, subsidiary and associated companies are not liable for the improper, inaccurate or incomplete transmission of the information contained in the e-mail, or for any delay in its receipt.
  10. Any advice or information contained in this e-mail is also subject to any governing agreement between eBucks and the recipient.
  11. Only duly authorised staff acting within the scope of their authority are able to bind eBucks contractually. Unless expressly indicated as such, nothing in the e-mail constitutes an offer, warranty or representation from eBucks.
  12. The views and opinions expressed in the e-mail do not necessarily reflect the views and opinions of eBucks, its holding, subsidiary and associated companies. In particular, no eBucks representative or employee may send -
    1. spam;
    2. messages that infringe any third party's intellectual property rights or other rights and interests; and
    3. messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful.
    If the e-mail contains contents as listed in paragraph 12 (a) – (c) above, or was otherwise sent for purposes unrelated to the official business of eBucks, it means the e-mail has been sent outside the sender’s scope of employment with eBucks and only the sender can be held liable in his/her personal capacity; accordingly eBucks, its holding, subsidiary and associated companies shall not be held liable for any loss, damage or expense of whatever nature resulting therefrom.
  13. eBucks , its holding, subsidiary and associated companies reserves the right to read, monitor, access, block, delete, copy or otherwise intercept any e-mail sent in reply to the e-mail or e-mail otherwise addressed to its employees or representatives or take any other action in accordance with eBucks’ email use policy.
  14. E-mails sent to eBucks will only be regarded as having been received by it once eBucks expressly acknowledged receipt thereof. eBucks will be deemed to have sent an e-mail once reflected as sent on eBucks' e-mail servers.
  15. A list of eBucks directors can be found under the heading “Company Info” in the “About us” section on eBucks website i.e. www.ebucks.com
  16. The disclaimer is governed by the laws of the Republic of South Africa and shall be deemed to supersede any terms contained in any e-mail received by eBucks, insofar as these conflict with this disclaimer.