Email Disclaimer

For

Khula Enterprise Finance Limited

(herein “Khula”)

____________________________________________________________________

[Date last amended: 12 June 2006]

1.       The contents of this electronic message and any attachments relating to the official business of Khula Enterprise Finance Limited and any of its trading subsidiaries (hereinafter collectively referred to as "Khula") are proprietary to Khula. They are confidential, legally privileged and protected by law. Views and opinions are those of the sender and do not represent Khula's views and opinions, nor do they constitute any commitment by or obligation on Khula, unless otherwise stated or agreed to in writing by Khula.

2.       The person addressed in this electronic message is the sole authorised recipient. If you have received this message in error, you are to delete it immediately and notify the sender that it has unintentionally reached you. You may not use or disclose the contents of this message to any other person.

3.       Khula cannot assure that the integrity of this communication has been maintained, nor that it is free of errors, viruses, interception, tampering or interference. Khula therefore does not accept liability or legal responsibility for the contents of this electronic message, its non-delivery or incorrect delivery for whatever reason, its effect on electronic devices or its transmission in an unencrypted medium.
4.       You and we agree that the provisions of Part 2 of Chapter III of the Electronic Communications & Transactions (ECT) Act 25 of 2002 are hereby excluded and that the following rules will apply when we send each other electronic messages via any electronic means:

4.1.      Where you make an offer to us, an agreement is formed at the time we send you our written acceptance of your offer. An automated or manual acknowledgement of receipt of your electronic message shall not be deemed to constitute acceptance.

4.2.     All electronic messages from you to us will be deemed to have been sent from your specified residential/business address, and received at and our head office in the Republic, unless proved otherwise by us.

4.3.     All electronic messages from us to you will be deemed to have been sent from our head office in the Republic and received at your specified residential/business address, unless proved otherwise by us.

5.        An electronic message is deemed to have been sent:

5.1.      By you, at the time at which we are capable of accessing such message.

5.2.      By us, at the time shown on the electronic message as having been sent or, if not so shown at the time shown on our computer system as having been sent.

6.        An electronic message is deemed to be received:

6.1.      By you, once it becomes capable of being retrieved by you.

6.2.      By us, once we have confirmed receipt thereof or responded thereto, whichever is the earlier.

7.        If we fail to confirm receipt of your electronic message, do not re-send the same message before contacting us. This is because the initial electronic message may still be processed and re -sending the electronic message may lead to a double transaction for which we will not be held liable.

8.        An electronic message shall be attributed:

8.1.      To you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the electronic message sent to us resulted from an error or malfunction in the communication system;

8.2.      To us, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by us and such system operated without error or malfunction.

9.        Unless otherwise agreed our confirmation of receipt of your electronic message is required to give legal effect to such electronic message.

Please send an email to our legal department on legal@khula.org.za  if you have any questions about this email disclaimer.