Email Terms and Conditions
Any email sent by an employee, officer, representative, or contractor of Habilis Capital (Pty) Ltd (“Habilis Capital”), or sent on its behalf, is subject to the terms and conditions set out below.
1. Confidentiality
Email communications may contain confidential, proprietary, or legally privileged information intended solely for the designated recipient.
Any unauthorised interception, review, copying, distribution, or disclosure of such communication is strictly prohibited. If you have received an email from Habilis Capital in error, please notify the sender immediately and permanently delete the message and any attachments.
2. Monitoring of Communications
Subject to applicable legislation, Habilis Capital reserves the right to monitor, access, intercept, and retain electronic communications transmitted via its systems for compliance, regulatory, operational, and security purposes.
3. No Advice
Habilis Capital is an authorised Financial Services Provider under the Financial Advisory and Intermediary Services Act, 2002 (“FAIS”).
Unless expressly stated otherwise in writing, no email communication constitutes legal, tax, accounting, investment, or other professional advice. Recipients should obtain independent professional advice before acting on any information contained in email correspondence.
4. No Offer or Solicitation
Information contained in email correspondence is provided for general informational purposes only and does not constitute:
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An offer to invest;
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A solicitation or invitation to subscribe for any financial product;
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An investment recommendation; or
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An advertisement in terms of applicable legislation governing collective investment schemes.
No communication shall be regarded as forming part of any contractual arrangement unless expressly confirmed in a duly executed written agreement.
5. No Binding Agreement
In accordance with the Electronic Communications and Transactions Act, 2002 (“ECTA”), an email shall not create a legally binding agreement unless the terms are recorded in a formally executed written agreement signed by authorised representatives of the parties.
For purposes of this clause, “signed” refers to a handwritten signature on a physical document or the application of a valid advanced electronic signature as defined in ECTA.
6. Limitation of Liability
Habilis Capital, its directors, employees, and agents shall not be liable for any direct, indirect, or consequential loss arising from:
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The transmission or use of email communications;
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Delays, inaccuracies, or omissions in electronic messages;
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The presence of viruses, malware, or other malicious code in email communications or attachments.
Recipients are advised to conduct their own security and virus checks before opening any attachments.