Lindi Portwig (Western Cape), Madrie Portwig (Gauteng)
P.O. Box 72154, Parkview, Johannesburg, 2122
email@example.com (Lindi), firstname.lastname@example.org (Madrie)
PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR WEBSITE
01. TERMS OF WEBSITE USE
- By using our website, you consent to such processing and you warrant that all Personal Information provided by you is accurate.
02. INFORMATION ABOUT US
- Website: Internet website owned and operated by EXPERI-MAATJIES (2009/078186/23).
- Physical address: 9 Vin Vallée, Grenache Street, Wellington, 7655 (“Premises”).
- Postal address: P.O. Box 72154, Parkview, Johannesburg, 2122.
- For more information about us, click here.
03. CHANGES TO THESE TERMS
04. CHANGES TO OUR WEBSITE
- We may update our website from time to time and may change the Content at any time.
- We may stop publishing our site at any time without notice and will not be responsible for any consequences.
- Please note: The Content on our website is provided for general information purposes only and that the Content may be out of date at any given time. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete, free from errors or omissions or up-to-date.
05. ACCESSING OUR WEBSITE
- Access to our website is made available free of charge.
- We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website (including but not limited to the Services) without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- We may suspend, withdraw, discontinue or change all or any part of our website (including, but not limited to, the Services available) without notice to you. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our website, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our website, or any portion thereof, will function on any particular hardware or devices. In addition, use of our website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
06. RIGHTS GRANTED TO YOU
- Any rights not expressly granted herein are reserved by us.
07. PROHIBITED USES
Apart from the rights above, you may not use our website or Content:
You may further not:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (including but not limiting to harassment of third party service providers).
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example: Spam).
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our website or the Content used by us or any other Users of our website; or
- to access, without authority, interfere with, damage or disrupt any part of our website or the equipment or network on which the website is stored.
- remove any copyright, trademark or other proprietary notices from any portion of our website or from the Services available;
- reproduce, copy (direct or in-direct), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website or the Services (or any part thereof);
- decompile, reverse engineer or disassemble our website, or the Services except as may be permitted by applicable law;
- cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/or functionality of any aspect of our website;
- frame our website or any part thereof;
- access or use our website or the Content through automated means, including through the use of robots, spiders, or offline readers(other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of our website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); or
- attempt to gain unauthorized access to or impair any aspect of our website or its related systems or networks.
- E-mail addresses, names, telephone numbers and fax numbers published on our website may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in”/ permission from us to utilise same.
08. INTELLECTUAL PROPERTY RIGHTS
- We are the owner and/ or rightful licensee of all intellectual property rights (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including the website look and feel and lay out and photos), inventions, trademarks, tables and compilations of data which are created, invented and/ or developed, (registered or unregistered) in our website and Content and any subsequent Services.
- You may copy, and may download extracts, of any page(s) from our website for your personal use and to determine whether you wish to acquire the services (as potential franchisee or customer of any franchisee) as advertised on our website. You may draw the attention of others to content posted on our website or by sharing same via social networks or other means available.
- You must not modify the copies of any content you have printed off or downloaded from our website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of Content on our website must always be acknowledged.
- in or related to our website except for the limited license granted under clause 6 above; or
- to use or reference in any manner our business names, service names, product names, logos, trademarks, designs or services marks or those of our licensors (registered or un-registered).
09. LIMITATION OF OUR LIABILITY
- We provide our website to you on an “as-is” and on an “as-available” basis. to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. in addition, we make no representation, guarantee or warranty regarding the timelines, quality, reliability, suitability, or availability of our website or any of our services through the use of our website, or that the use of our website will be uninterrupted or error-free. you agree that it is within your sole discretion to use our website and that the entire risk arising out of your use of our website remains solely with you, to the maximum extent permitted under any applicable law and that you will indemnify us against any claim, demand, damage, costs, loss or libility (incl. reasonable attorney’s fees) related to your use of our site.
- We, our owners, directors (where applicable), employees and agents shall not be liable for direct, indirect, incidental, special, or consequential damages of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our or any third-party products or services.
- We will not be liable to you for any default or delay in the performance of our services to you if and to the extent that such default or delay is caused by any act of god, war or civil disturbance, labour unrest, court order, or any other circumstance beyond its reasonable control including fluctuations in communications or utility services ("force majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by the us through the use of alternative sources, workaround plans or other means.
- Different limitations and exclusions of liability may apply to liabilty arising as aresult of the supply of services by us to you, which will be set out in our service specific terms and conditions.
- Although we are not obliged to provide security on our website, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our website are completely secure at all times.
- To provide adequate security to all our Users, and to monitor activities prohibited under section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC Act.
- It is our policy to virus check documents and files before they are uploaded to our website. However, we cannot guarantee that documents or files downloaded from our website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you agree not to upload or provide, via our website, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our website.
11. LINKING TO OUR WEBSITE
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.
- We reserve the right to withdraw linking permission without notice to you.
- The website in which you are linking must comply in all respects with our Acceptable Use Policy.
12. CONTENT AND LINKS IN OUR WEBSITE
- Social networks: You agree that when accessing, using and / or posting or uploading any content or materials of any kind to our social network pages (including but not limited to Facebook, Twitter or any other facility (e.g. YouTube) made available by us from time to time), You will”-
- not use the social network page of communication facility in any improper or unlawful manner or in breach of any legislation or licence that applies to You;
- not harass others or disclose personal information about others that could amount to harassment;
- not submit, publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
- not submit, post or upload files that contain software or other material the intellectual property rights in which are owned by any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
- not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the social network page or any other computer;
- not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
- not promote any activity that is illegal;
- not use software to harvest information from the social media network page;
- not submit any material which is prohibited by any applicable data protection or privacy legislation;
- only upload or submit material to the social network page which either You own or which You have the permission of the owner of that material to submit; or
- abide to the particular social network’s Code of Conduct (Facebook) or community guidelines (Instagram) or any other similar rules and guidelines made available by the particular social network.
- Social media is not a medium for conflict resolution or lodging complaints. Complaints should be send to our website.
13. BREACH, SUSPENSION AND TERMINATION
- All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
- No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future.
14. CHANGE OF OWNERSHIP
15. APPLICABLE LAW AND JURISDICTION
- Subject to clause 17.3 below, any dispute arising from these Terms shall be referred to mediation (as per a mediator agreed to by both parties). If no mediator is agreed to, then the dispute shall be referred to arbitration in Johannesburg at a venue of our choice. The Uniform Rules of the High Court of South Africa will apply.
16. ELECTRONIC COMMUNICATION AND CONTACT
- Any Data Messages sent by us to you shall be deemed to have been sent from the Premises.
- A Data Message is deemed to be sent:
- By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
- By you, at the time when we confirm receipt thereof.
- A Data Message is deemed to be received:
- By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and
- By you, once it enters your information system.
- Attribution of Data Messages - You agree and warrant that any Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
17. CONTACT US
- Website functionality or any other recommendations: Send us an email at EXPERI-MAATJIES.
- Questions or queries about Services and related services: Contact us by way of Lindi Portwig, Madrie Portwig or Franchisees.
- Complaints: We kindly request that you contact us first should you have any complaints or any other service related issues. It is important to us that you are satisfied with your programmes. You may use the contact EXPERI-MAATJIES information as per CONTACT. Please ask for a reference number if you speak to any of our representatives/ consultants. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such complaint.
- Legal Documentation or Notices (hopefully this will never be required):
- Physical address: our Premises (clause 2 above);
- Email: Lindi Portwig or Madrie Portwig (subject: “LEGAL”);
- Marked for the attention of: Members.
- If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the Internet.
- Any notice to you, or us, which is:
- sent by prepaid registered post in a correctly addressed envelope to the address specified for it under paragraph 17.4.1 above shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was posted;
- delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
- sent by a Data Message to the addressee shall be deemed to be received as per paragraph 16.3 above.
- Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.
- Consumer shall have the same meaning attributed to it in terms of the CPA.
- Content means any information, content, images, video, audio, data, works of authorship, materials, software and technology which may be displayed on, incorporated into, underlying, or used to operate our website;
- CPA means the Consumer Protection Act, Act 68 of 2008;
- Data Message shall have the same meaning attributed to it in terms of the ECT Act;
- ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;
- Franchisee, in terms of a franchise agreement, shall have the same meaning attributed to it in terms of the CPA;
- Members shall have the same meaning attributed to it in terms of the Companies Act, Act 71 of 2008.
- Founders mean Lindi Portwig and Madrie Portwig, the founders of the Experi-Buddies Programme;
- Independent Facilitators mean EXPERI-BUDDIES Franchisees presenting the programmes at various schools;
- Personal Information shall have the same meaning attributed to it in terms of the POPI Act;
- POPI Act means the Protection of Personal Information Act, Act 4 of 2013;
- Services means the services as reflected on our website and promoted via other sites of ours from time to time;
- RIC Act means the Regulation of Interception of Communication and Provision of Communication- Related Information Act, Act 70 of 2002;
- Us, We, Our, EXPERI-BUDDIES means EXPERI-MAATJIES; and
- Users mean users of our website (including you!).
Experi-Buddies CC and our franchisees (“we” / “us”/ ”our”) are committed to protecting and respecting your privacy. This policy sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your (or your child’s) personal information and how we will treat it. By visiting www.experi.co.za, or any of our other websites or social network sites (“our site”), or by submitting your (or your child’s) personal information (“the information”) to us or using our services you are accepting and consenting to the practices described in this policy.
Our nominated Information Officer for the purpose of the Act is Mrs. Portwig.
Information we may collect from you
We may collect and process the following data about you (or your child):
- Information you provide to us. You may give us information through our site, or by completing an application for a franchise (or information about a franchise) or where a form is completed to enrol your child in the Experi-Buddies programme or by corresponding with us by phone, e-mail or otherwise or complete a survey or when you report a problem with our site.
- Information we collect about you. With regards to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); services/products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources. We may receive information about you (or your child) or/and your spouse/partner if you use any of the other websites we operate or the other services we provide or where you have authorised us to collect information from selected third parties (i.e. schools or photographers utilised at school events). In this case we will have informed you when we collected that information that it may be shared internally and combined with information collected on our site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Reference to “consent”, “your consent” or “your explicit consent” shall include the ticking of a tick box or clicking on a “submit” button or “I agree” button on our site or signing of a prescribed Experi-Buddies CC form.
- Cookies may be used by us to understand the users of our site better. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our site. Depending on the type of cookie we use (persistent or session cookies), cookies also allow us to make our sites more user friendly, for example, permanent cookies allow us to save the user’s password so that the user does not have to re-enter it every time the user visits our site;
- You can usually adjust your browser so that your computer does not accept cookies. If you do this, you will still be able to browse around the site but the functions that allow you to access an existing account or page that requires a username or password, will not be available;
- Alternatively, you can adjust your browser to tell you when a website tries to put a cookie on your computer. How you adjust your browser to stop it accepting cookies or to notify you of them, will depend on the type of internet browser programme your computer uses;
- Please remember, cookies do not contain personal information such as your home address, telephone number or credit card details, however personal information that we store about you as explained above may be linked to the information stored in and obtained from cookies. We do not exchange cookies with any third party websites or external data suppliers;
- Your browser also generates other information, including which language the site is displayed in, and your Internet Protocol address ("IP address"). An IP address is a set of numbers which is assigned to the user’s computer during a browsing session whenever the user logs onto the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our sites. We do not use your IP address to identify you personally;
- We only keep cookies for the duration of your visit to our site.
Use of the information
We use the information held about you (or your child) in the following ways:
- Information you provide to us. We will use the information to:
- carry out our obligations (whether day-to-day administration or educational, social and health needs obligations) arising from any contracts entered into between you and Experi-Buddies CC directly or between you and our franchisees to provide you with the information and services that you request from us;
- provide you with information about your child’s Experi-Buddies program and administration requirements/obligations applicable to you;
- provide you with information about other services we offer that are similar to those that you have already acquired or enquired about;
- provide you with information about other Experi-Buddies activities;
- provide you, or permit selected third parties to provide you, with information about goods or services we feel may be of interest to you. If you are an existing customer/registered parent, we will only contact you with information about goods and services similar to those which were the subject of a previous service provision or service negotiations. If you are a new customer / new registered parent, and where we permit selected third parties to use your information, we (or they) will contact you only if you have consented to this. If you do not want us to use your information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
- notify you about changes to our services;
- ensure that content from our site is presented in the most effective manner for you and for your computer;
- deal with enquiries and complaints made by or about you relating to our site or other services you use.
- Information we collect about you. We will use the information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service (when you choose to do so);
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
- Submission of Personal Information on behalf of another: Kindly take note that if you provide information on behalf of someone else (i.e. your child or your spouse/partner), then it is your responsibility to ensure that you have the authority and/or have obtain the necessary consent from such person before making the information available to us. On receipt of personal information, we assume that the necessary consent has been obtained and will process the Personal Information as per your instructions. You indemnify us (for clarity purposes, Experi-Buddies CC, its members, employees and franchisees) against any third party claim where a third party claims that personal information has been processed without the necessary consent or other available exception under the Act.
- We will only use your and/or your partner’s / spouse’s and / or your child’s personal information received for another purpose when:
- You consent thereto; or
- It is in the interest of you, your spouse/partner or your child, i.e. necessary to lessen or prevent a serious or imminent threat to life, health or safety; or
- Is required by law or for law enforcement purposes.
- Where consent for the use and disclosure of personal information is required, the franchisee or an authorised representative from Experi-Buddies CC will seek consent from the parent or custodian of the child and will treat consent given by the parent / custodian as consent given on behalf of the student.
Disclosure of your information
We may share the information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act 2008.
We may share the information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 women aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
- We may disclose the information to third parties:
- In the event that we (Experi-Buddies CC or any of our franchisees) sell or buy any business or assets, in which case we may disclose the information to the prospective seller or buyer of such business or assets.
- If we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.
Except as stated under this policy, we will not share your information or the information of your child with any third party.
Where we store your personal information
- All of the information you provide to us is stored on our secure servers or in terms of paper documents, stored in secure locations. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Where your child has been issued with a password, we expect that you, as a parent, will educate your child to keep his/her password secure;
- Records of the information will not be retained for longer that is necessary for operational or archiving purposes for which the information was collected, unless retention of record is required or authorised by law. Records of the information may be retained for periods in excess of those contemplated for historical, statistical or research purposes, subject to us establishing appropriate safeguards against the records being used for any other purpose and or we have de-identified the record(s).
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will use appropriate and reasonable technical and organisational measurements to protect the information, we cannot guarantee the security of your data transmitted to our site or to any other location by electronic means; any transmission is at your own risk. HOWEVER, once we have received the information, we will use appropriate and reasonable technical and organisational measurements to try to prevent unauthorised access.
Social Media Platforms
- Communication, engagement and actions taken through external social media platforms that we, our directors or employees participate in are custom to the specific terms and conditions as well as the privacy policies held with each social media platform respectively.
- You are advised to use social media platforms wisely and communicate / engage with them with due care and caution in regard to their own privacy and personal information. We will never ask for personal or sensitive information through social media platforms and encourage users, wishing to discuss sensitive details or to resolve issues/concerns, to contact us through primary communication channels such as by telephone or email.
- Our social networks page(s) (including those of our respective schools), may share web links to relevant web pages. By default some social media platforms shorten lengthy URL's. You are advised to take caution and good judgement before clicking any shortened URL's published on social media platforms by this website. Despite the best efforts to ensure only genuine URL's are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Interception and monitoring of communications
- We reserve the right to intercept, monitor, copy or block communications to and from our communication facilities (including but not limited to our site, email, SMSs etc.) in accordance with the relevant provisions of the law.
- Marketing: You have the right to ask us not to process the information for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com or use the unsubscribe functionality on our email communications.
- Third party websites/social media sites: Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.
- Access to information: You have a right to see/access the information that we keep. You may instruct us to provide you with any personal information we hold about you/your child upon receipt of a written request and payment of a fee as per the Promotion of Access to Information Act 2 of 2000 (“PIA Act”). It is important to take note that not all information requested may be disclosed. Disclosure of information shall take place in accordance with the PAI Act.
Quality of Personal Information
- It is your responsibility to check the accuracy of the information prior to submission to us. On receipt of the information we assume that you have checked it and that the information is accurate;
- Please contact the appropriate franchisee with whom you have enrolled your child if the information that we hold about you/your child needs to be corrected or updated. Take note that request to update the information may take up to 48 (forty eight) hours to execute.
EMAIL LEGAL NOTICE
The terms and conditions below shall apply to all email communications to and from Experi-Maatjies (or ‘Experi-Buddies”)
The content in or attached to this email is the property of EXPERI-MAATJIES or has been licensed to EXPERI-MAATJIES 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 same for purposes of back up, compliance with retention legislation or where 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 to 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.
03. Data- & Privacy Protection
- The email address used in this email is used for the purpose of conveying this message and related messages only. The email address may not be used for any other purpose unless the parties to this email have opted for such other use. The email address under this email may not be used for any unsolicited communications or placed in a database to be used by third parties for purposes of unsolicited communications.
04. Agreements Online
No agreement will be concluded by electronic communications, unless an authorised representative of EXPERI-MAATJIES has confirmed such an agreement by return email (auto response excluded) and subject to contract law in general.
05. Mobile Devices
The use of mobile devices 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 EXPERI-MAATJIES 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 its contents. Such recipients should consider seeking confirmation of any advice so given before it is relied upon.
06. Limitation of Liability
- As the integrity of this message cannot be secured on the Internet, EXPERI-MAATJIES’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.
- EXPERI-MAATJIES 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.
- The views and opinions of the individuals expressed in this email may not reflect the views and opinion of the EXPERI-MAATJIES, its directors or franchisees / affiliates. The purpose of the email facility at EXPERI-MAATJIES is to convey official EXPERI-MAATJIES communications. EXPERI-MAATJIES or its members / franchisees 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 / contract of the individual / franchisee 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 an EXPERI-MAATJIES (@experi.co.za) email account.
07. Time of Receipt
Despite a possible auto-response confirmation that an email has been received at EXPERI-MAATJIES, an email shall only be deemed to have been received at EXPERI-MAATJIES when the recipient at EXPERI-MAATJIES has received and read it. Return email messages blocked by EXPERI-MAATJIES’s anti-virus or filtering applications shall not be deemed to have been received by EXPERI-MAATJIES or the addressee.
08. Interception of Communications
EXPERI-MAATJIES has a duty to manage and retain certain records and mitigate possible risks, for example, to ensure that EXPERI-MAATJIES operates in an environment free of malicious programs such as viruses, Trojans and spyware, and therefore reserves the right to intercept, monitor, copy (retain) or block email messages to and from EXPERI-MAATJIES. Should you respond to this email, you consent that your email will be subject to EXPERI-MAATJIES's email filtering, scanning, monitoring and blocking procedures.
EXPERI-MAATJIES 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 EXPERI-MAATJIES 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.
09. 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 Gauteng Local Division of the High Court (Johannesburg).