Email Disclaimer

 Private & Confidential

1. Application of Disclaimer
   The following terms shall apply to this e-mail communication and attachments, as well as to all subsequent e-mail communications and attachments (collectively referred to as the “electronic message”), that Umoba or any of its subsidiaries (“Umoba”) may send to you, the receiver.
   This e-mail disclaimer shall always take precedence over any other e-mail disclaimer(s).

2. Confidentiality and Legal Privilege
   The information contained in this electronic message is confidential and may be legally privileged. It is intended solely for the use of the specifically identified individual or entity to whom Umoba has addressed the electronic message and others expressly authorized by Umoba. If you are not the intended receiver, you are hereby notified that any disclosure, copying, distribution, or acting in reliance on the contents of this information is strictly prohibited and may be unlawful. If you are not the intended receiver (or such person’s authorized representative), please notify the sender immediately by return e-mail, facsimile, or telephone, and delete this message from your system. You may not print, store, forward, or copy this message or any part thereof, or disclose—or cause information in this message to be disclosed to—any other person. Umoba is not liable for the improper or incomplete transmission of the information contained in this electronic message, or for any delay in its receipt.

3. Viruses and Malicious Code
   Umoba is not liable for any harm or loss resulting from malicious software code or viruses in this e-mail or its attachments, including data corruption resulting therefrom.

4. Subject to Governing Agreements
   Any advice or information contained in this e-mail is subject also to any governing agreement between us.

5. Authority to Bind Umoba
   Only a director, partner, chief executive officer, chief financial officer, senior manager, divisional managing director, or divisional financial director of Umoba, or an individual expressly authorized in writing by any of the aforementioned persons for a specific transaction and for a determinable period, acting within the scope of their authority, is able to bind Umoba contractually. A general authority granted in terms of a delegation of authority or resolution—or any other similar document—shall not confer the required authority to bind Umoba unless specifically stated otherwise.

6. No Offer, Warranty, or Representation
   Unless expressly indicated as such, nothing in this e-mail constitutes an offer, warranty, or representation from Umoba.

7. Electronic Transactions
   Umoba expressly contracts out of sections 22 – 26 of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”). No electronic communication—including any data message such as e-mail or SMS—sent or received will give rise to a binding legal transaction. All legal transactions with Umoba must be concluded in accordance with Umoba’s standard contract policy.
   Umoba shall not be liable if any variation is effected to any document or correspondence e-mailed unless that variation has been approved in writing and signed by an authorized representative of Umoba. Use of scanned versions of hand-rendered signatures to give the impression that an e-mail has been “signed” by the sender is not permitted by Umoba and the inclusion of such a “signature” is of no additional force or effect.

8. Receipt of E-Mail
   In accordance with ECTA, an e-mail is deemed to be received by Umoba only once Umoba acknowledges receipt thereof. Umoba is deemed to have sent an e-mail once it is reflected as sent on Umoba’s e-mail server. An auto-reply shall not constitute a response for purposes hereof.

9. Offensive or Defamatory Content
   If this electronic message contains offensive, derogatory, or defamatory statements or materials, it means the message has been sent outside the sender’s scope of employment with Umoba, and only the sender can be held liable in his/her personal capacity.

10. Privacy and POPI
    Umoba respects your privacy and acknowledges that this e-mail may contain personal information belonging to you, others, and/or your company. By sending Umoba this e-mail communication, you expressly consent to Umoba processing and further processing this personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPI”).

11. Governing Law and Dispute Resolution
    This e-mail disclaimer shall be governed by the laws of South Africa. Any dispute arising from or in connection with this disclaimer shall be resolved in Pretoria, in accordance with the Rules of the Arbitration Foundation of Southern Africa, by an arbitrator appointed on an independent basis.