DEFINITIONS AND INTERPRETATION
- "Paul Cluver Wines" – means De Rust Estate (Pty) Ltd trading as Paul Cluver Wines, all subsidiaries, associates, units, divisions etc. of De Rust Estate (Pty) Ltd t/a Paul Cluver Wines now and in the future.
- “Information” – means any information or content made available in whatever form on this site including but not limited to images, data, text and graphics.
- "Subsidiaries or subsidiary company or subsidiary" – means a subsidiary company as defined by the Companies Act 61 of 1973 and as amended by Companies Amended Act 76 of 1994.
- “we” , “our” and “us” – means:
De Rust Estate (Pty) Ltd
t/a Paul Cluver Wines
Reg no: 1980/007882/07
P O Box 48
Grabouw, 7160, South Africa
Tel: +27 21 844 0605, Fax: +27 21 844 0150
- In this Electronic Communications Legal Notice, words importing any gender shall not exclude any other gender and the singular shall include the plural and the masculine include the feminine and vice versa.
- The headings of clauses are for ease of reference and shall not affect the interpretation or construction of the terms and conditions.
- The following words shall be interpreted as follows:-
- “or” connotes any combination of all or any of the items listed and as the case may be from time to time;
- where “such as” or “including” or “not limited to” is used to refer to an example or begin a list of items, such example or items shall not be exclusive; and
- “Will” or “shall”, shall denote obligation, not purpose or intent, unless the context requires otherwise.
|1.||All electronic communications received by the recipient from Paul Cluver Wines Information Technology system are legally binding and enforceable by law as indicated in Chapter 3, Sections 11(1) – 11(3) of the Electronic Communication and Transactions ("ECT") Act 25 of 2002.|
|2.||The information contained in this electronic communication is confidential, legally privileged, and protected by law. It is intended only for the use of the intended recipient to whom it is addressed. Access/interception of this electronic communication and/or any attachments hereto by anyone other than the intended recipient is unauthorised, illegal and strictly prohibited.|
|3.||If you are not the intended recipient, you are hereby notified that any use, dissemination, disclosure, copying or distribution in any manner whatsoever, of the contents of this electronic communication transmission (directly or indirectly) or the taking of any action pursuant thereto (directly or indirectly), is strictly prohibited.|
|4.||If you have received this electronic communication in error, please notify Paul Cluver Wines immediately by electronic communication and/or telephonically on +27-21 844 0605 and thereafter immediately delete this electronic communication from your computer.|
|5.||No electronic communication correspondence sent to Paul Cluver Wines shall be deemed to have been received until the appropriate Paul Cluver Wines representative has expressly acknowledged receipt of the complete electronic communication. Any auto reply shall not constitute such response for the purpose of this clause. Electronic communication messages blocked by Paul Cluver Wines virus detection and/or filtering applications shall not be deemed to have been received by Paul Cluver Wines or the intended recipient(s).|
|6.||Any agreements and/or negotiations concluded with Paul Cluver Wines shall only be deemed to have been concluded via electronic communications, despite the provisions of the ECT Act 25 of 2002, unless agreed upon prior thereto in writing between the parties.|
|7.||Paul Cluver Wines reserves the right to monitor, intercept, block, delete, filter, examine and/or inspect, read and/or view, copy and/or act upon this electronic communication and/or all electronic communication messages sent as reply messages to this electronic communication or the recipient of the sender.|
|8.||Paul Cluver Wines makes no warranties and/or representations whatsoever in respect of this electronic communication. Paul Cluver Wines retains the copyright in all electronic communication messages and attachments sent from its Information Technology System. The recipient is hereby granted a limited licence only to open and read the messages and/or attachments. All other rights are strictly reserved by Paul Cluver Wines unless indicated otherwise.|
|9.||The use and/or content of this electronic communication are intended for Paul Cluver Wines business purposes only. Should this electronic communication be used for purposes unrelated to official business use of Paul Cluver Wines, Paul Cluver Wines shall not be liable for any damage, liability, infringement and/or loss caused by the contents of this message and the sender shall take full responsibility thereof in his/her sole and personal capacity. Please note that the views and opinions expressed in this electronic communication message are solely those of the author/sender in his/her personal capacity and do not necessarily represent those of Paul Cluver Wines and no liability will attach to Paul Cluver Wines whatsoever.|
|10.||Whilst every effort has been made to ensure that no viruses are present in this electronic communication and attachments, Paul Cluver Wines does not accept any responsibility of what ever nature for loss and/or damages however arising from the electronic communication and/or its attachments. Paul Cluver Wines strongly recommends that the recipients subject this electronic communication and/or attachments to his/her own virus checking procedures prior to the opening of any electronic communications and/or attachments.|
|11.||All disputes and/or damages of whatever nature resulting from this electronic communication shall be referred to arbitration in terms of the Arbitration Rules of the Arbitration Foundation of South Africa and such arbitration shall be conducted in Cape Town in English. The Law of the Republic of South Africa shall govern this electronic communication messages and/or attachments.|
|13.||At all times this Electronic Communications Legal Notice of Paul Cluver Wines will take precedence over any other E-mail Legal Notice/Disclaimers and/or Electronic Communications Legal Notice/Disclaimer. This clause applies to all Electronic Communications messages sent or received by any appropriate representative of Paul Cluver Wines.|
|15||2004. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED. Jan S De Villiers hereby retains the copyright and Intellectual property right in this electronic communication notice.|