Summary for Email Recipients
Key essential points regarding electronic messages from Africorp Advisory
Strict Confidentiality
Intended solely for the specified recipient. If received in error, you must notify the sender immediately and delete all copies.
No Electronic Contracting
No binding legal contracts or commitments are entered into via informal email or SMS in terms of sections 22–26 of the ECTA.
FAIS & Financial Advice
Financial advice is subject to formal engagement letters, risk profiling, and statutory disclosures under the FAIS Act.
POPIA & GDPR Protection
Personal data processed during electronic communication is handled strictly in compliance with POPIA and GDPR standards.
Virus & Malware Warning
While security measures are maintained, recipients remain responsible for scanning messages and attachments prior to opening.
South African Jurisdiction
Governed in accordance with the laws of South Africa, with dispute resolution via the Arbitration Foundation of Southern Africa (AFSA).
Email Legal Notice and Disclaimer
1Scope, Application and Precedence
The following terms and conditions apply to this electronic mail communication, any attachments, and all subsequent email communications and files transmitted therewith (collectively referred to as the "electronic message"), sent by or on behalf of Africorp Advisory, Africorp Advisory Services, or any of its subsidiaries, parent entities, and affiliates (collectively"Africorp Advisory"), to you, the receiver.
This email disclaimer shall always take precedence over any other email disclaimer(s) or conflicting terms attached to correspondence received from any third party.
2Confidentiality and Legal Privilege
The information contained in this electronic message is confidential and may be legally privileged and protected under common law and statutory legislation. It is intended solely and exclusively for the use of the intended receiver (the specifically identified natural or juristic entity) to whom Africorp Advisory has addressed the electronic message and others expressly authorised by Africorp Advisory.
If you are not the intended receiver, you are hereby formally notified that any review, disclosure, copying, distribution, dissemination, retention, or taking of any action in reliance upon the contents of this information is strictly prohibited and may be unlawful and actionable.
3Protocol for Misdirected Electronic Messages
If you have received this electronic message in error (or if you are not such person's authorised representative), please take the following actions immediately:
- Notify the sender immediately by return email, or contact Africorp Advisory via email at contact@africorpadvisory.co.za or by telephone at +27 44 873 2782.
- Permanently and securely delete this message, along with any attachments, from your email application, inbox, trash, and computer systems.
- You may not print, download, store, forward, disclose, or copy this message or any part thereof, nor cause any information contained herein to be disclosed to any third party.
Africorp Advisory accepts no liability whatsoever for the improper, delayed, incomplete, or corrupted transmission of the information contained in this electronic message, or for any delay in its receipt.
4Viruses, Malicious Software and Security
While Africorp Advisory implements standard antivirus and email security measures to prevent malicious software code, Africorp Advisory does not warrant that this electronic message, its attachments, or the server that makes it available are free from viruses, Trojans, worms, spyware, or other harmful components.
Africorp Advisory is not liable for any harm, loss, disruption, system malfunction, or data corruption resulting therefrom. The recipient is solely responsible for ensuring that appropriate virus checks and cybersecurity safeguards are carried out on this message and all attachments prior to opening them.
5Authority to Bind Africorp Advisory
Any advice or information contained in this electronic message is subject also to any formal, written governing agreement or engagement contract concluded between us.
Only an executive director, partner, senior executive, or an individual expressly authorised in writing by an authorized executive for a specific transaction and for a determinable period, acting within the verified scope of their authority, is able to bind Africorp Advisory contractually. A general authority granted in terms of an internal delegation of authority, job title, resolution, or any similar document shall not confer the required authority to bind Africorp Advisory unless specifically stated otherwise in writing.
6Electronic Communications and Transactions Act ("ECTA")
Unless expressly indicated as such in a formal written agreement, nothing in this email constitutes an offer, warranty, undertaking, or representation from Africorp Advisory.
Contracting Out: Africorp Advisory expressly contracts out of sections 22 through 26 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). No electronic communication including any data message such as an email, instant message, or SMS, sent or received will give rise to a binding legal transaction, amendment, waiver, or cancellation. All legal agreements must be concluded in writing on hard copy or executed through an approved formal digital contract signature platform authorized by Africorp Advisory.
Africorp Advisory shall not be liable if any variation is effected to any document or correspondence emailed unless that variation has been approved in writing and signed by an authorised company representative. Use of scanned versions of hand-rendered signatures inserted into an email to create the impression that an email has been "signed" by the sender is not permitted by Africorp Advisory and such signature carries no additional legal force or effect.
7Deemed Dispatch and Receipt of Messages
In accordance with the provisions of ECTA:
- An electronic message is only deemed to have been received by Africorp Advisory once an authorised representative of Africorp Advisory has manually and expressly acknowledged receipt thereof. An automated server delivery notice or auto-reply shall not constitute an acknowledgment of receipt.
- Africorp Advisory will only be deemed to have dispatched an electronic message once the message is reflected as sent on the official mail server of Africorp Advisory.
8FAIS Act & Professional Financial Advice Notice
Africorp Advisory provides specialized wealth planning, employee benefits solutions, corporate consulting, and independent advisory services.
Nothing contained in this electronic message or any accompanying attachments should be construed as definitive financial, tax, investment, legal, or employee benefit advice unless expressly accompanied by a formalized Letter of Engagement, a full statutory Needs Analysis, and a statutory Disclosure Notice as required under the Financial Advisory and Intermediary Services Act 37 of 2002 ("FAIS Act"). Any recipient seeking financial or legal decisions must consult directly with an accredited Africorp Advisory specialist.
9Personal Views, Derogatory or Defamatory Statements
Electronic messages sent by employees or contractors of Africorp Advisory represent the sender's view alone unless expressly stated to be the official position of Africorp Advisory. If this electronic message contains offensive, derogatory, discriminatory, or defamatory statements or attachments, the message has been sent outside the sender's official scope of employment, and only the individual sender may be held liable in their personal capacity.
10Protection of Personal Information (POPIA & GDPR)
Africorp Advisory respects your constitutional right to privacy and is committed to protecting all personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and, where applicable, the General Data Protection Regulation 2016/679 ("GDPR").
By communicating with Africorp Advisory via email, you acknowledge that your electronic message contains personal data and you expressly consent to Africorp Advisory processing and storing such information in accordance with ourPrivacy Policy. Africorp Advisory maintains physical, technological, and organisational safeguards to preserve the confidentiality and integrity of your personal information.
11Direct Marketing and Communication Preferences
By contacting us via email, you acknowledge that your contact details may be used to provide you with relevant advisory updates, regulatory alerts, industry news, and service information where permitted by law. You maintain the right to opt out, unsubscribe, or update your communication preferences at any time by clicking the unsubscribe link located in marketing correspondence or by sending an email with your request to contact@africorpadvisory.co.za.
12Interception and Monitoring (RICA Notice)
In accordance with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 ("RICA"), all electronic communications (including incoming and outgoing emails, attachments, and data traffic) transmitted through the communication networks and systems of Africorp Advisory are subject to automated filtering, virus scanning, archiving, monitoring, and inspection by authorized security personnel to protect operational integrity, prevent unauthorized data transfer, and ensure regulatory compliance.
13Governing Law and Dispute Resolution
This electronic communication, email disclaimer, and any dispute arising therefrom or in connection therewith shall be governed exclusively by the substantive laws of the Republic of South Africa.
Any dispute, controversy, or claim arising out of or relating to this disclaimer shall be submitted to and finally resolved by arbitration in Johannesburg / Sandton, South Africa, in accordance with the standard commercial rules of the Arbitration Foundation of Southern Africa ("AFSA") by an independent arbitrator appointed by AFSA.
14Entity Information & Contact Details
If you have any questions, regulatory inquiries, or need further details regarding this email disclaimer or our legal policies, please contact our offices:
General Communication
Email: contact@africorpadvisory.co.za
Phone: +27 44 873 2782
Website: www.africorpadvisory.co.za
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