This electronic mail (“e-mail”) and any attachments to it contains information which is confidential, private and/or legally privileged in nature and is subject to Exxaro’s e-mail disclaimer (“Disclaimer”) set out herein.

• If you are not the intended recipient, you must –

• notify the sender of this fact immediately by return e-mail, fax or telephone and delete the e-mail from your system;
• refrain from printing, copying, forwarding or otherwise disclosing any information contained in the e-mail or any part thereof; and
• refrain from perusing, using, disseminating, distributing, copying, storing or processing the information contained in the e-mail or any attachments to the e-mail for any purpose including, without limitation, incorporating any information contained in the e-mail into any database or mailing list for whatever reason, including for purposes of spamming or marketing. Failure to do so may amount to the unlawful interception of a communication, the infringement of copyright and/or the infringement of the right to privacy, thus exposing you to criminal and/or civil liability.

• Notwithstanding any other provision of this Disclaimer, neither Exxaro, the sender of the e-mail, or any other Exxaro representative will be liable for any loss, damage or expense of whatever nature (including without limitation that caused by the corruption or loss of data, damage to software programmes and interruption of business operations) resulting directly or indirectly from the transmission of the e-mail (including without limitation any malicious software code or viruses transmitted together with the e-mail, or any corruption to or loss of data contained in the e-mail).

• Notwithstanding any other provision of this Disclaimer the terms set forth in this e-mail are subject to later review and approval by the parties and are non-binding until the signing of a physically executed, formal written agreement by the parties.

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

• Exxaro reserves the right to read, monitor, access, block, delete, copy or otherwise intercept any e-mail transmitted to or from the Exxaro mail servers.

• The Disclaimer is governed by the laws of the Republic of South Africa and will be deemed to supersede any terms contained in any e-mail received by Exxaro, insofar as these conflict with the Disclaimer.