Email legal notice

Excel Academy Trainers and Actuaries (Proprietary) Limited

     1.         Applicability

Excel Academy Trainers and Actuaries (Proprietary) Limited (hereinafter referred to as “Excel Academy”) is a private company incorporated in accordance with the company laws of the Republic of South Africa, with company registration number: 2014/026508/072014/026508/07, and having its registered address situated at Unit 20, 2nd Floor, 1 Melrose Boulevard, Birnam, Johannesburg, Gauteng, 2196.

Email is an integral part of Excel Academy 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.

2.         Purpose

The purpose of this Email Legal Notice is to regulate the use and receipt of email to and from Excel Academy, and is to be read, where consistent with the terms thereof, in conjunction with Excel Academy other polices including but not limited to its Privacy Policy/ies.

     3.         Scope

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

     4.         Recipients of Email from Excel Academy

Emails from Excel Academy are intended for named recipients only. Persons copied are also named recipients (hereinafter collectively referred to as “Named Recipients”).

Any other persons in receipt of Emails from Excel Academy are unauthorised recipients of Excel Academy’ Emails (hereinafter referred to as “Unauthorised Recipients”).

5.         Confidentiality and Privilege of Email from Excel Academy

Excel Academy’s Emails are classified ‘Company Confidential’.

If You are an Unauthorised Recipient, kindly:

• notify the sender if the sender is a Excel Academy representative, and/or;
• notify [email protected]; [email protected]

In addition to the above measures, if You are an Unauthorised Recipient, please immediately destroy all Emails in electronic and hard copy format which You have received as an unauthorised recipient and/or have printed without authority.

In addition to the above measures, You are also required to maintain the confidentiality of the content of the Emails and any failure to do so could result in action being instituted against You, as an Unauthorised Recipient, by Excel Academy.

6.         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, Excel Academy monitors and intercepts live communications Email(s) and Website activity in compliance with of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002.

Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002 and South African and international privacy principles, including the Protection of Personal Information Act, No. 4 of 2013 (hereinafter referred to as the “POPI Act”) Excel Academy will, where necessary and/or if required by law, access static data created, received, communicated and stored by Excel Academy as part of its business.

7.         Your Privacy

Resultant from Excel Academy practice of accessing static information and monitoring and intercepting live communications, including Emails, is that You have no expectation of privacy with respect to communications to and from Excel Academy. If you do not agree to this limitation of Your constitutional right to privacy, regulated in terms of the above named Acts, You should not communicate with Excel Academy via email or other forms of electronic communication. Any and/or all email communication with Excel Academy by Yourself will constitute tacit acceptance of this limitation of Your right to privacy, which limitation You accordingly agree is both necessary and reasonable in order to protect Excel Academy legitimate business interests.

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

8.         Warrantees and Representations

No warranties are made or implied that any employee or representative of Excel Academy is or was authorised to create and/or send the Emails.

Furthermore, no warranties are made and/or implied that any content sent via email by Excel Academy will be accurate and/or complete.

9.         Unauthorised Use of Excel Academy Email Systems

Excel Academy regulates its internal environment in accordance with South African law and Excel Academy policies, procedures, guidelines and technologies, as amended from time to time. Authorised Users of Excel Academy email systems are subject to these instruments which regulate the acceptable use of Emails, and by making use of Excel Academy Email systems, You expressly agree to be bound by the contents of these instruments which regulate the acceptable use of Emails. In the event that You contravene Excel Academy policy and rules on the acceptable use of Emails, You will be liable. Excel Academy directors and management shall not accept liability arising from such contravention.

10.      Damages Arising from Emails from Excel Academy

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

Excel Academy is committed to the highest standard of its duty of care and, as such, Excel Academy will not be held liable for damages arising from the use of Emails, howsoever arising unless due to gross negligence and/or wilful conduct.

11.      Transmission and Receipt of Emails from Excel Academy

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

Furthermore, Emails are 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.

12.      Excel Academy Corporate Information

 Last updated: 18 May 2022