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Synergy Evolution
Communication Terms

Message Disclaimer

This page sets out the disclaimer that applies to messages sent by, published by, or passing through Synergy Evolution information systems.

EmailSMSPostsSystem-wide disclaimer

1. This disclaimer applies to any message

1.1This disclaimer is applicable to any message, such as an email, SMS, tweet, or post, that we publish, send, or that goes through our information system, including the message text, any files it may contain as attachments, and any future messages or files. This disclaimer will take precedence over all others in the event of a conflict.

2. Recipient of message from us

2.1Messages are intended for the recipient only. If that is not you and you have received the message:

  • Please notify the sender using the contact details contained in the message. If this is not possible, then use the quickest means possible, such as telephone or fax. You must delete the message you received once you have notified the sender.
  • You must not forward, copy, or otherwise transmit or disseminate the message or any of its contents to any person other than the named sender.
  • You may not print, save, or store the message or any of its contents in electronic or physical form.

3. Confidentiality

3.1Unless we clearly mention otherwise or it is obvious from the context, the message is private and confidential, such as public posts or tweets, press releases, and other official statements.

3.2Legal privilege and client confidentiality may apply to the message. If you are unsure whether the message is confidential, please check with the sender. You must keep it to yourself and not divulge it.

3.3It may only be used by the recipient of the communication. Without the sender's permission, do not add their contact information to a database for direct electronic marketing reasons.

4. Personal information

4.1The message may contain personal information. You must keep any personal information confidential and not disclose it. You must not use it for a purpose other than the purpose for which we provided it to you.

5. Copyright notice for message content

5.1Unless it is obvious that someone else owns the content, we own our communications' content, as well as this message disclaimer. The content is protected by copyright and other intellectual property restrictions. Any rights we do not expressly grant are reserved by us.

6. Legal requirements related to message

6.1You agree that any agreement, notification, disclosure, or other message submitted to us electronically satisfies all legal requirements, including the requirement that it be "in writing," by communicating with us electronically. You also consent to receiving messages from us electronically. We are only considered to have sent a message once:

  • it appears as "sent" on our message server logs, and
  • we are only considered to have received a message after someone has reacted to it, unless we mutually agree otherwise.

7. We are not responsible

7.1While we make every effort to prevent harm, damage, or loss that may be related to messages, we are not responsible or liable for any harm, damages, or losses, including any lost profits, business interruption, loss of programs or data on ICT systems, or data corruption, resulting from any message, including those caused by malicious software, if a message is altered by someone else or arrives incomplete or otherwise different from how it was sent, for data corruption, or for any "denial of service".

7.2We have ensured that our communications do not include dangerous software by taking reasonable safeguards against malware. We advise you to scan every message you receive for viruses. Regarding any message, we provide no guarantees.

8. Personal use by senders

8.1The views or opinions expressed in any message are not necessarily ours. They may be those of the individual sender, in which case they are personally responsible and not us.

8.2If any message contains offensive, derogatory, or defamatory statements or materials, it is outside the sender's scope of employment with us and only the sender can be held liable in their personal capacity.

9. Interception and monitoring

9.1All messages may be intercepted, monitored, filtered, viewed, blocked, archived, backed up, deleted, or disclosed. Employees do not have any privacy rights when information, such as emails or web pages, is created, sent, received, or stored on the organization's servers.

9.2If you do not want your message to be read by us, you must not communicate with us by messages.

10. Concluding agreements

10.1Our messages do not contain any offers, warranties, or representations from us unless we specifically state so or unless it is obvious from the context. Our communications are merely invitations to transact business. However, we might rely on and hold you accountable for any offers, guarantees, claims, or other representations that you make in your messages.

10.2Our representatives are not authorized to conclude agreements or bind us by message, unless a duly authorized representative confirms it. An automated response from us will not contractually bind us.

11. Enquiries

11.1If you have any questions or concerns, please contact our help desk or reception.

12. Changes

12.1We may change this disclaimer at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by a message.

12.2You must review any amended disclaimer and check that you agree with it.

13. Resolving disputes

13.1Any message is subject to the laws of the nation in which our head office is located. Any disagreement concerning a message will be settled through negotiation, direct talks to try and reach an agreement on how to resolve it, and if that fails, mediation, talks in which a neutral third party tries to help the parties reach an agreement on how to resolve it, and if that fails, arbitration, a hearing after which a neutral third party makes a binding decision about the dispute.

13.2Any arbitration in South Africa will be governed by the most recent AFSA guidelines for quick resolutions. The arbitration will take place in the city where our headquarters are, in English. This clause does not prevent a party from seeking urgent interim relief from the court during the dispute settlement procedure.

14. Corporate information we must disclose by law

14.1Some information about us: Synergy Evolution conducts business as an asset management specialist and complementary business services and solutions provider across various sectors.

14.1.1Registered name: Synergy Evolution Pvt Ltd.

14.1.2Company registration number: 2018/554584/07.

14.1.3Primary address: Clearwater Office Park, Corner Millenium Road & Christian de Wet Road, Clearwater, Johannesburg 1735.