Email Disclaimer
Applicability: This disclaimer applies to our original e-mail, any attachments and all subsequent e-mails or attachments that KVMTECH (Pty) Limited, (the “Company”) user may send.
Recipients of e-mail 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 e-mail, or have otherwise received the e-mail in error:
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Kindly notify the sender (as specified in the e-mail) using the contact details contained in such e-mail and delete this message once you have notified the sender.
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You may not forward, copy or otherwise transmit or disseminate the e-mail or any of the contents thereof to any person other than the named sender or an employee of the Company’s IT Department.
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You may not print, save or otherwise store the e-mail or any of the contents thereof in electronic or physical form.
Virus Warning: All reasonable precautions have been taken by us to ensure that no viruses are present in our e-mail to you, as the Company cannot accept responsibility for loss or damage arising from the use of the e-mail 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 e-mail). 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 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 e-mail 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 e-mail 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 e-mail and the e-mail 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 e-mail 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 e-mail 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 e-mail and nothing contained in this e-mail 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 e-mail, corruption of data or any “denial of service” or similar exploit caused by a virus or malicious code.
Offensive e-mail content: Our employees and other users of the Company e-mail are subject to policies that prohibit:
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the obscuring, suppressing, or replacing another user’s identity on an e-mail (pretending to be someone else);
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the use of the Company’s information and communications systems for the exercise of the employee’s right to free speech;
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sexual, religious, political and racial harassment;
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profanity, obscene, offensive, derogatory or defamatory remarks;
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otherwise unlawful communication via e-mail.
Accordingly, if an e-mail sent by a Company user breaches any of these provisions, that e-mail 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 info@kvmtech.co.za
Transmission and Receipt: In accordance with the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), an e-mail is only deemed to be received by the Company once this is confirmed to you orally or in writing and an e-mail 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.
Disclosure of e-mail address: The e-mail address of any employee of the Company who is a party to this e-mail 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.
ECTA: This e-mail disclaimer is enforceable and binding on the recipient in terms of sections 11(1) to 11(3) of ECTA. This e-mail disclaimer shall at all times take precedence over any other e-mail disclaimer(s).
General: This e-mail disclaimer shall be governed by the law of South Africa. Any dispute arising from or in connection with this disclaimer shall be resolved at Pretoria in accordance with the AFSA by an independent appointed arbitrator.
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https://web.archive.org/web/20231020195936/https://www.kvmtech.co.za/kvmtech-website-t-c
KVMTECH WEBSITE TERMS & CONDITIONS
KVMTECH (Pty) Ltd, hereafter referred to as KVMTECH, will endeavour to ensure that all information on this website is accurate and complete.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, KVMTECH and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, or other content, from the website for your own personal use, subject to the restrictions set out below in these terms and conditions.
You must not:
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republish material from this website (including republication on another website);
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sell, rent or sub-license material from the website;
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show any material from the website in public;
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reproduce, duplicate, copy or otherwise exploit material on this website for commercial purpose;
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edit or otherwise modify any material on the website; or
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redistribute material from this website, except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful propose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without KVMTECH's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without KVMTECH's express written consent.
Restricted access
Access to certain areas of this website may be restricted. KVMTECH reserves the right to restrict access to other areas of this website, or indeed this entire website, at KVMTECH's discretion.
If KVMTECH provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
KVMTECH may disable your user ID and password in KVMTECH's sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to KVMTECH a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to KVMTECH the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or KVMTECH or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
KVMTECH reserves the right to edit or remove any material submitted to this website, or stored on KVMTECH's servers, or hosted or published upon this website.
Notwithstanding KVMTECH's rights under these terms and conditions in relation to user content, KVMTECH does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. KVMTECH makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, KVMTECH does not warrant that:
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this website will be constantly available, or available at all; or
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the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
KVMTECH will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
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to the extent that the website is provided free-of-charge, for any direct loss;
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for any indirect, special or consequential loss; or
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for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if KVMTECH has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit KVMTECH's liability in respect of any:
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death or personal injury caused by KVMTECH's negligence;
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fraud or fraudulent misrepresentation on the part of KVMTECH; or
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matter which it would be illegal or unlawful for KVMTECH to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, KVMTECH has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against KVMTECH's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KVMTECH officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KVMTECH.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify KVMTECH and undertake to keep KVMTECH indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KVMTECH to a third party in settlement of a claim or dispute on the advice of KVMTECH's legal advisers) incurred or suffered by KVMTECH arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to KVMTECH's other rights under these terms and conditions, if you breach these terms and conditions in any way, KVMTECH may take such action as KVMTECH deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
KVMTECH may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
KVMTECH may transfer, sub-contract or otherwise deal with rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and KVMTECH in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with South African Law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of South Africa.
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