Flash Email Disclaimer

FLASH MOBILE VENDING PROPRIETARY LIMITED

REGISTRATION NUMBER 2010/000777/07

(“The Company” or “Flash”)

EMAIL LEGAL NOTICE

  1. Applicability

    Flash is a private company with a diversified fintech, virtual vouchering and physical device product offering with its operational interests focused on both the formal and informal retail markets in South Africa, the UK and Europe.

    Email is an integral part of the Company’s business.

    This Email Legal Notice has legal force and effect in terms of section 11 of the Electronic Communications and Transactions Act, 25 of 2002.

    References in this Email Legal Notice to Flash shall include all companies, affiliates and business units within the Company`s group of companies.

  2. Purpose

    The purpose of this Email Legal Notice is to regulate the use and receipt of email to and from the Company.

  3. Scope

    Emails, attachments to emails and links within emails are collectively referred to as ‘email’ in this Email Legal Notice.

  4. Recipients of Email from the Company

    Email from the Company is intended for named recipients only. Persons copied are also named recipients.

    Any other persons in receipt of email from the Company are unauthorised recipients of Flash email.

  5. Confidentiality and Privilege of Email from the Company

    The Company’s email is classified as ‘company confidential’.
    If you are an unauthorised recipient, kindly notify the sender if the sender is a Flash representative.

    If you are an unauthorised recipient please destroy all email in electronic and hard copy format which you have received as an unauthorised recipient and / or have printed without authority.

Disclaimer:

The contents of this document should only be used for and by Flash Mobile Vending Proprietary Limited (Flash) and may not be distributed unlawfully. Older versions are not deemed official. Only the latest version is acceptable.

  1. Intellectual Property

    Email created, received, communicated and stored by Flash or any of its directors, officers or employees comprises intellectual property protected under South African law and international treaties. Unless otherwise indicated, Flash reserves all rights in and to the intellectual property owned, licensed or entrusted to Flash.

    Third party intellectual property assets included in Flash email are the intellectual property of such respective third parties.

    Unauthorised use of these assets is strictly forbidden.

  2. Monitoring and Interception

    To comply with law and in line with international standards and best practice relating to the use of information technology in its business activities, Flash monitors and intercepts live communications such as email and website activity in compliance with the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002 (RICA).

    Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002 and South African and international privacy principles Flash will, where necessary and / or if required by law, access static data created, received, communicated and stored by Flash as part of its business.

  3. Your Privacy

    The result of Flash’s practice of accessing stored information and monitoring and intercepting email and site activity, is that you should and can have no expectation of privacy. If you do not agree to this limitation of your constitutional right to privacy, regulated in terms of the above named laws, you should not communicate with Flash via email or other forms of electronic communication or use the sites.

    Notwithstanding the fact that Flash respects your privacy, it also has an obligation to identify and to limit risk related to the use of email and other forms of electronic communication in its business. As such, it seeks to find a balance between these opposing rights and obligations.

  4. Warranties and Representations

    No warranties are made or implied that any director, officer, employee or contractor of Flash is or was authorised to create and / or send this email.

  5. Unauthorised Use of Flash Email Systems

    Flash regulates its internal environment in accordance with South African law and Flash policies, procedures, guidelines and technologies. Authorised users of Flash email systems are subject to these instruments that regulate the acceptable use of email. In the event that Flash policy or rules on the acceptable use of email is contravened by users, the users will be personally liable. Flash directors, officers and management do not accept liability arising from such contravention.

Disclaimer:

The contents of this document should only be used for and by Flash Mobile Vending Proprietary Limited (Flash) and may not be distributed unlawfully. Older versions are not deemed official. Only the latest version is acceptable.

  1. Damages Arising from Email from Flash

    Email technologies and the use of related telecommunication systems and networks expose the Company to dynamic security and business risk. The Company manages this risk, in accordance with South African law, through its policies, procedures, guidelines and technologies to prevent unauthorised access to or abuse of its systems and networks.

    The Company is committed to the highest standard of its duty of care and, as such, the Company will not be held liable for damages arising from the use of email.

    The views and opinions expressed in the e-mail do not necessarily reflect the views and opinions of Flash. In particular, no Flash representative or employee may send –

    • unsolicited commercial messages (“spam”);
    • messages that infringe any third party’s intellectual property rights (including copyright trademarks) or other

      rights (“infringing content”); or

    • messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful (“offensive

      content”).

      If the e-mail constitutes spam, contains infringing content or offensive content, or was otherwise sent for purposes unrelated to the official business of Flash, that e-mail is contrary to Flash electronic communications policy and falls outside the scope of employment of the individual concerned and Flash will not be liable for any loss, damage or expense of whatever nature resulting therefrom.

  2. Transmission and Receipt of Email from Flash

    In accordance with the Electronic Communications and Transactions Act 25 of 2002, email is deemed received only when receipt is confirmed, orally or in writing by the Company. Email is deemed sent as and when reflected in the Company mail server logs.

    Furthermore, email is deemed as having been sent from the originator’s usual place of business or residence and as having been received at the addressee’s usual place of business or residence.

  3. Requirements for Valid Agreements

    Subject to any specific written agreement to the contrary, it is Flash policy that no binding agreements will be entered into through the use of email. Any offers made or received will be regarded merely as part of the process of negotiation. The conclusion of agreements negotiated by email must be reduced to writing, printed on paper and signed by hand with pen and ink.

Disclaimer:

The contents of this document should only be used for and by Flash Mobile Vending Proprietary Limited (Flash) and may not be distributed unlawfully. Older versions are not deemed official. Only the latest version is acceptable.

14. Flash Corporate Information

Name
Company registration number Legal status

Flash Mobile Vending Proprietary Limited 2010/000777/07
Private Company

Physical address and the address for receipt of legal service of documents

3rd Floor
The Terraces Black River Park 2 First Street Cape Town South Africa

Postal address

PO Box 6100 Parow East 7501
South Africa

Phone number Website address

+27 21 674 7620

www.flash.co.za

Disclaimer:

The contents of this document should only be used for and by Flash Mobile Vending Proprietary Limited (Flash) and may not be distributed unlawfully. Older versions are not deemed official. Only the latest version is acceptable.