1. Website disclaimer

1. The information contained in this website is provided by the Overstrand Municipality and is for general information only. Whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of information on the website or the information, products, services, or related graphics contained therein for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
2. Every effort is made to keep the website running smoothly. However, the Overstrand Municipality takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

2. Links disclaimer

1. In this website you are able to link to other websites that are not under the control of the Overstrand Municipality. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
2. In no event will the Overstrand Municipality be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of the use this website or of a link from this site to any other website.

3. E-mail disclaimer

3.1. This email disclaimer applies to all emails sent by or to Overstrand Municipality (“OM”) and shall at all times take precedence over any other e-mail disclaimer(s).

The information contained in this electronic message is confidential and may be legally privileged. It is intended solely for the use of the recipient (individual or entity) to whom the OM has addressed the electronic message to and others authorised by the OM to receive it. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking action in reliance of the contents of this information is strictly prohibited and may be unlawful. If you are not the intended recipient of this e-mail (or such person’s authorised representative), then please notify the sender of this e-mail immediately by return e-mail or telephone and delete this message from your system. You may not print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person. The OM is not liable for the improper or incomplete transmission of the information contained in this electronic message, or for any delay in its receipt.

The OM retains all intellectual property rights in any information contained in e-mail messages (or any attachments thereto) which relates to the official business of the OM. Such information may be legally privileged, is to be treated as confidential and the OM will take legal steps against any unauthorised use.

While the OM will take reasonable precautions, it cannot ensure that this e-mail will be free of errors, viruses, interception or interference therewith. The OM is not liable for any harm or loss resulting from malicious software code or viruses in this e-mail or its attachments, including data corruption resulting there from. Any advice or information contained in this e-mail may also be subject to any formal agreement between us.

In accordance with the Electronic Communications and Transactions Act 25 of 2002, an e-mail is only deemed to be received by the OM once the OM acknowledges receipt thereof. The OM will be deemed to have sent an e-mail once reflected as sent on the OM e-mail server. An auto-reply shall not constitute a response for the purposes hereof. If an email message contains offensive, derogatory, or defamatory statements or materials, it means the message has been sent outside the sender’s scope of employment with the OM and only the sender can be held liable in his/her personal capacity.

The OM respects your privacy and acknowledges that this e-mail may contain personal details, which may belong to you, others and/or to your company (personal information). By communicating with the OM via email communication, you expressly give the OM consent to process and further process the personal information in accordance with the Protection of Personal Information Act (4 of 2013), the OM’s ICT Systems and Security Policy (a copy of which is available on written request), and any other formal agreement between you and the OM.

This e-mail disclaimer shall be governed by the law of South Africa. Any dispute arising from or in connection with this disclaimer shall be resolved at Hermanus, Western cape in accordance with the Rules of the Arbitration Foundation of Southern Africa by an independent appointed arbitrator.

  3.2. Recipient

1. E-mails and their attachments (collectively referred to for convenience as “e-mail”) are intended for the sole use of the individual or entity to which it is addressed. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this email, links or attachments thereto, to any person whatsoever, these includes those persons sent copies. Unauthorised disclosure and/or use may result in civil and criminal liability, if applicable.
2. If you are not the named recipient (or their authorised representative) or a recipient of a copy of the e-mail, or have otherwise received the e-mail in error:
3. Please immediately notify the sender, by email or by any other means of the quickest way possible (telephone or fax), and
4. Delete the email and its attachments (if any).
5. Do not disclose the contents to any other person (other than the named sender or an employee of the Overstrand Municipality’s Internal Audit or IT Department) or use it for any purpose or store or copy or distribute the information contained in the email in any medium.
6. Any disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited.
7. You may not print, save or store the e-mail or any of the contents therein in an electronic or physical form
8.  At no time may you act on the information contained therein.

   3.3. Confidentiality

1. E-mails and their contents are confidential, unless specifically stated or unless this is manifestly clear from the context (including, by way of example, press releases and other official statements, issued by way of e-mail). If you are not certain of whether the e-mail is confidential, please contact the sender to ascertain its confidentiality status.
2. In addition, e-mails may be logged for archival purposes and may be reviewed by parties at the Overstrand Municipality who are other than those named in the message header.

 3.4. Consent

1. 1. Prior written consent must be obtained from the OM before the e-mail address of the sender and of those whose names are set out in the email is to be used, copied, sold, disclosed or incorporated into any database or mailing list for spamming and/or other marketing practices.

 3.5. Contracts, offers, warranties and representations

1. E-mails do not necessarily constitute an official representation of the Overstrand Municipality unless this is specifically stated or clearly and objectively ascertainable from the contents of the e-mail itself.
2. E-mails from the Overstrand Municipality do not, as a rule contain warranties, representations or offers. You accordingly cannot rely on any purported warranty, representation or offer unless this is explicitly stated in the e-mail and said e-mail has been sent by an employee or representative of the Overstrand Municipality who is duly authorised to give warranties or make representations or offers on behalf of the Overstrand Municipality.
3. Notwithstanding the above statement, the Overstrand Municipality is entitled to rely on the contents of any e-mail sent to it (including warranties, representations or offers) unless otherwise provided.
4. All contracts formed through e-mail electronic offer and acceptance must be formalised and confirmed through paper documents within two weeks of conclusion.
5. The use of scanned versions of hand-rendered signatures to give the impression that an e-mail has been “signed” by the sender, is not permitted by the Overstrand Municipality and the inclusion of such a “signature” is of no additional force or effect.

 3.6. Transmission and receipt

1. In accordance with the Electronic Communications and Transactions Act 25 of 2002, an e-mail is only deemed to be received by the Overstrand Municipality once this is confirmed to you orally or in writing and e-mail is deemed to have been sent by the Overstrand Municipality or its workers as soon as this is reflected in the Overstrand Municipality’s mail server logs.

3.7. Blocking and/or delaying of e-mail

1. The OM e-mail system needs to be used appropriately in order to be as efficient as possible.
2. The OM reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to the e-mail address of the sender
3. The following guidelines apply for its usage and provide possible reasons why e-mails are sometimes blocked or delayed.
   • Emails of larger than 5 Megabytes (Mb) cannot be received or sent from the municipal email system
   • Incoming e-mails, larger than 5 Mb are blocked with an auto-reply notification to the sender.
   • It is the senders responsibility to check that the email has been delivered and to check their spam folders for any auto-replies
   • External users wishing to send large files over the 35 Mb limit, must provide an FTP link, provide a secure file drop facility, copy the data to media (CD, DVD or memory stick) and send it to the user by other means.
4. The following file types are, by default, deemed to be non-work related and are not permitted using the e-mail system:
   • Screen saver files (e.g. *.scr)
   • Movie Files (e.g. *.avi, *.mpg, *.mov, *.wmv)
   • Music Files (e.g. *.mp3, *.mp4, *.wma)
   • maging Files (e.g. *.iso, *.neo, *.gho)
   • Application files (e.g. *.exe, *.swf, *.bat, *.com, *.jav; *.vbs)
     o Database files (e.g. *.dat, *.mdb,)
5. The following types of e-mail are not accepted by the Overstrand Municipality’s e-mail system:
   
   • SPAM (including but not limited to (pharmacy, replica, enhancers, phishing, degrees, casino, weight loss, unsolicited promotions, other)
   • Marketing
   • Mailing lists

 3.8. Damages

1. The OM and the sender of the email accept no liability whatsoever for any loss or damages – whatsoever and howsoever incurred – or suffered resulting or arising from the use of this e-mail or its attachment. The recipient who uses the email hereby indemnifies the OM and the sender against loss or damages suffered by any third party. Neither the OM nor the sender warrant the integrity of this e-mail nor that it is free of errors, viruses or that it has been intercepted.
2. If this e-mail message is used for purposes unrelated to the official business of the OM, the OM shall not be liable for any damage or loss caused by the contents of this message and the sender shall take full responsibility thereof in his / her personal capacity.
3. While the Overstrand Municipality does its best to prevent loss or damage to third party systems, it cannot be held liable for any loss or damage due to viruses or other malicious codes in an e-mail, corruption of data or any “denial of service” or similar exploit caused by a virus or malicious code.

 3.9. Electronic Communications Policy

1. The e-mail disclaimer and confidentiality note are enforceable and binding on the recipient/addressee in terms of Sections 11(1) and 11(3) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT”).
2. Overstrand Municipality’s staff (including consultants) are subject to policies that prohibit:
   
   • the obscuring, suppressing, or replacing of another user’s identity on an e-mail.
   • the use of the Overstrand Municipality’s computer and communication systems for the exercise of the worker’s right to free speech
   • sexual, religious, political and racial harassment
   • profane, obscene, offensive, derogatory or defamatory remarks
   • otherwise, unlawful communication via e-mail
3. Accordingly, any message breaching these provisions is sent in that person’s personal capacity and the Overstrand Municipality is not liable for such messages. The Overstrand Municipality will take appropriate disciplinary action against any person/s breaching these provisions, and you can report any such breach to abuse@overstrand.gov.za

4. Information disclosures required by law:

• Full name: Overstrand Municipality
• Vat Registration number : 4140106396
• Postal Address : P.O Box 20, Hermanus, 7200
• Street Address : 1 Magnolia Street, Hermanus, 7200
• Telephone Number : +27 (0) 28 313 8000
• Website: www.overstrand.gov.za
• Email : enquiries@overstrand.gov.za