Applicability: This disclaimer applies to our original e-mail, any attachments and all subsequent emails or attachments that any user of Hammond Pole Attorneys may send.
Recipients of email from the Company: E-mails and their attachments (collectively referred to for convenience as “e-mail”) are intended for the named recipient/s ONLY. If you are not the named recipient (or their authorised representative) or an intended recipient of a copy of the email, or have otherwise received the email in error:
Use of Naming Conventions: The name, “HP Attorneys Collections & Recovery”, and the rights thereto, are those of Hammond Pole Attorneys. Any reference to HP Attorneys are there for a reference to Hammond Pole Attorneys
Virus Warning: All reasonable precautions have been taken by us to ensure that no viruses are present in our email to you, as the Company cannot accept responsibility for loss or damage arising from the use of the email or attachments. We recommend that you scan all of your emails and attachments for viruses.
Confidential: The e-mail and its contents are confidential, unless specifically stated or if this is manifestly clear from the context (including, by way of example, press releases and other official statements, issued by way of email). If you are not certain of the confidentiality status of an e-mail please contact the sender to confirm this. In addition, e-mails may be logged for archival purposes and may be reviewed by the parties at the Company other than those named in the message header. Any unauthorised copying, disclosure, adaption, distribution, publication and/or use of, or any other unauthorised action taken based on this email message, is strictly prohibited and may be unlawful and an infringement of copyright.
Offers, warranties and representations:
The e-mail does not necessarily constitute an official representation of the Company unless this is specifically stated or clearly and objectively ascertainable from the contents of the email itself.
E-mails from the Company do not, as a rule, contain warranties, representations or offers. You accordingly cannot rely on any purported warranty, representation or offer unless it is explicitly stated in the email and the email has been sent by a representative of the Company duly authorised to give warranties or make representations or offers on behalf of the Company.
Notwithstanding the above statement, the Company is entitled to rely on the contents of any email sent to it (including warranties, representations or offers) unless otherwise provided.
All contracts formed through e-mailed electronic offer and acceptance must be formalised and confirmed through paper documents within two weeks of conclusion.
Use of scanned versions of hand-rendered signatures to give the impression that an email has been “signed” by the sender, is not permitted by the Company and the inclusion of such a “signature” is of no additional force or effect.
Agreements: Company employees are not authorised to conclude binding agreements on behalf of the Company by email and nothing contained in this email shall be construed as a legally binding agreement or an offer to contract.
Damages: While the Company uses its best endeavours to prevent loss or damage to third party systems, it cannot be held liable for any loss or damage due to viruses or other malicious code in an email, corruption of data or any “denial of service” or similar exploit caused by a virus or malicious code.
Offensive email content: Our employees and other users of the Company email are subject to policies that prohibit:
Accordingly, if an email sent by a Company user breaches any of these provisions, that email is sent in that person’s personal capacity and the Company is not liable for such messages. The Company will take appropriate disciplinary action against any person breaching these provisions and you can report any such breach to email@example.com
Applicable to South Africa only.
Transmission and Receipt: In accordance with the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), an email is only deemed to be received by the Company once this is confirmed to you orally or in writing and an email is deemed to have been sent by the Company or its workers as soon as this is reflected in the Company’s mail server logs. An auto-reply shall not constitute a response for purpose hereof.
ECTA: This email disclaimer is enforceable and binding on the recipient in terms of sections 11(1) to 11(3) of ECTA. This email disclaimer shall at all times take precedence over any other email disclaimer(s).
Disclosure of e-mail address: The email address of any employee of the Company who is a party to this email may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or online marketing practices without the prior consent of the employee and/or the Company.
General: This email disclaimer shall be governed by the law of South Africa. Any dispute arising from or in connection with this disclaimer shall be resolved at the Hammond Pole offices in accordance with the AFSA by an independent appointed arbitrator.
Queries: You can contact firstname.lastname@example.org should you have any queries concerning this disclaimer.