LEGAL NOTICE FOR ELECTRONIC COMMUNICATION
This legal notice relates to any electronic communication, including all attachments thereto, sent by or on behalf of Citadel Holdings (Proprietary) Limited and/or any of its subsidiary or associated companies, as set out below.
For purposes of this notice:
"Addressee" or "intended recipient" means the person indicated or elected by the sender of the communication as being the intended party that the communication is transmitted to;
"Communication" or "e-mail" means electronic mail communication (including any attachment(s) thereto), transmitted by or on behalf of Citadel;
"Citadel" means, as the context permits: Citadel Holdings (Proprietary) Limited (company number 2000/027580/07, registered in South Africa, with its registered office at Kaaimans Building, Lynnwood Bridge Office Park, 14 Hilden Road (off Daventry Road), Lynnwood Manor, Pretoria, 0081), and licensed by the Financial Services Board of South Africa as a financial services provider), and/or any or all of its subsidiary or associated companies, including (but not limited to): Peregrine Guernsey Limited (company number 36784, registered in Guernsey with its registered office at PO Box 255, Trafalgar Court, Les Banques St Peter Port, Guernsey, GY1 3QL) and Peregrine International Wealthcare Limited (company number 39538, registered in Guernsey with its registered office at Kingsway House, Havilland Street, St Peter Port, Guernsey GY1 2QE), both of which are regulated by the Guernsey Financial Services Commission as investment licensees;
"Employee" or "sender" means an employee of Citadel or other person authorized by Citadel to send or receive electronic communications on behalf of Citadel.
The following terms and conditions apply to this and any other Citadel electronic communication:
- In relation to Citadel Holdings (Proprietary) Limited, this e-mail legal notice is enforceable and binding in South Africa in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions ("ECT") Act 25 of 2002. The ECT Act may be downloaded from http://www.cyberlawsa.co.za/node/view/9.
- If you are not the intended recipient or addressee, you are hereby notified that any disclosure, copying or distribution of the contents of this electronic communication or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received this electronic communication in error, please delete and destroy it and any attachments thereto immediately. At no time may you act on or further transmit the information contained therein.
- This and other electronic communications may contain confidential information, which is the property of Citadel and / or Citadel’s clients or contacts. No person, other than the intended recipient, may use or disclose the contents of this communication or any links or attachments hereto to any person whatsoever. Unauthorized disclosure and/or use may result in civil and criminal liability.
- The e-mail address of the sender may not be used, copied, sold, disclosed or incorporated into any database or mailing list for spamming and/or other marketing practices without the prior consent of Citadel.
- Citadel companies take all reasonable steps to ensure the privacy of persons communicating with it. Where relevant, Citadel is registered with the relevant data protection authorities and complies with all data protection requirements. By communicating electronically with Citadel, persons are deemed to consent to Citadel’s processing of personal data for the following purposes: to monitor compliance with internal and regulatory standards, for marketing and business development purposes; and, to enable it to understand client needs. Citadel will not disclose information to third parties save to the extent required or permitted by law or any regulatory bodies.
- Citadel takes all reasonable steps to ensure the integrity of its systems and data and that viruses are not propagated. Under no circumstances shall Citadel or the sender of this e-mail be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if Citadel or the sender of this e-mail have expressly advised such party of the possibility of such damages.
- Subject to clause 8 below, no electronic communications issued for or on behalf of Citadel will be effective to create any contractual relationship between Citadel and another party or to bind Citadel in any respect.
- No electronic communication issued for or on behalf of Citadel shall constitute advice and Citadel accepts no liability for the content of electronic communications, or for the consequences of any actions taken on the basis of the information provided in any electronic communication, unless Citadel is or has been formally engaged to provide the recipient with advice or assistance pursuant to a formal written contract for the provision of services.
- Electronic communications sent to Citadel will only be regarded as having been received by Citadel once receipt thereof is expressly acknowledged. An auto-reply shall not constitute a response for purposes of this clause. Citadel will only be deemed to have sent an electronic communication once such message is reflected as 'sent' on the Citadel electronic server(s).
- Citadel reserves the right to monitor, intercept, filter, view, block, delete, access, copy, read and act upon all electronic communications to and from Citadel.
- Citadel retains the copyright in all electronic communications and attachments sent from its communication systems. The intended recipient is hereby authorized to open and read the message and/or attachments only – all other rights are reserved.
- The views and opinions expressed in electronic communications are solely those of the author and do not necessarily reflect the views and/or opinions of Citadel. Employees and agents of Citadel are expressly required not to infringe or authorise the infringement of copyright or other legal rights through their use of electronic communications. Any such communication is contrary to Citadel policy and outside the scope of the employment of the sender. Citadel accepts no liability in respect of the unauthorized use of its electronic communication systems or the sending of electronic communications for other than strictly business purposes. If an electronic communication is used for purposes unrelated to the official business of Citadel, Citadel shall not be liable for any damage or loss caused by the contents of the communication and the sender shall take full responsibility therefor in his/her sole and personal capacity.
- If an electronic communication contains offensive, derogatory or defamatory statements or materials, recipients are hereby on notice that the communication is not an official Citadel communication and has been sent outside of the scope of the sender's employment with Citadel and only the sender may be held liable in his/her personal capacity for his/her actions.
- The failure of Citadel to define any specific word or concept in this notice does not void any part of this notice. If any person requires clarification of any aspect contained in this notice, kindly contact the Citadel system administrator at Netadmin@Citadel.co.za.
- This legal notice shall at all times take precedence over any other disclaimer(s) relating to electronic communications received or sent by employees or senders utilizing the communication facilities of Citadel.