TERMS AND CONDITIONS
The following Terms and Conditions of use apply to the Shimansky Website found at www.shimansky.com and all associated Shimansky websites, its subsidiaries and affiliates. Please read these Terms and Conditions of use carefully. By using this Website you agree to be bound to these terms.
These Terms and Conditions of use govern your use of the Shimansky Website (hereafter referred to as the ‘Website’) and constitute an agreement between you and Shimansky. Shimansky reserves the right to change or modify any of these Terms and Conditions of use or any policy or guideline of the Website at any time, and in its sole discretion without prior notice. Any change or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions of use and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended Terms and Conditions of use, you must stop using the Website.
PRODUCT PRICING AND INFORMATION
While every effort has been taken to ensure that the information and prices displayed on the Website are true and current, it is possible that there may be errors whether due to data-entry or system errors. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices. If you have any questions, please do not hesitate to contact us via our contact page.
IMAGES AND CONTENT
Some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary.
The Website and all content and other materials, including, without limitation, the Shimansky logo, and all designs, text, graphics, pictures, images, selection, coordination, ‘look and feel’, information, data, software, copy, content, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Shimansky or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
All trademarks of Shimansky and its licensors may not be copied, imitated or used, in whole or in part, without the prior written permission from Shimansky. You may not use any meta tags or any other “hidden text” utilising “Shimansky” or any other name, trademark or product or service name of Shimansky without our prior written permission. All other trademarks, registered trademarks, product names and Shimansky names or logos mentioned in our Website are the property of their respective owners.
USE OF WEBSITE
You are granted a personal, limited, non-sub-licensable license to access and use our Website and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Website Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions of use and does not include:
(a) any resale or commercial use of our Website or the Website Materials therein;
(b) the collection and use of any product listings, pictures or descriptions for commercial purposes;
(c) the distribution, public performance or public display of any Website Materials;
(d) modifying or otherwise making any derivative uses of our Website and the Website Materials, or any portion thereof;
(e) use of any automated means to access, monitor or interact with any portion of our Website, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
(f) downloading (other than the page caching) of any portion of our Website, the Website Materials or any information contained therein, except as expressly permitted on our Website;
(g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimises, covers, or frames or inhibits the full display of our Website;
(h) use our Website in any way which interferes with the normal operation of our Website and business; or
(i) any use of our Website or the Website Materials other than for its intended purpose. Any use of our Website or the Website Materials other than as specifically authorised herein, without the prior written permission of Shimansky, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions of use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Shimansky may provide links to web pages and content of Third Parties (‘Third Party Content’) as a service to those interested in this information. Shimansky does not monitor or have any control over any Third Party Content or Third Party Website. Shimansky does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Shimansky does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Should Shimansky run any promotions or special offers in conjunction with Third Parties on the Website, your business dealings or correspondence with, or participation in promotions of, advertisers other than Shimansky, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third Party. Shimansky is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Shimansky advertisers on our Website.
If you post User Content to our Website, unless we indicate otherwise, you grant Shimansky and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Shimansky and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that:
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Website;
(b) the User Content is accurate and not misleading; and
(c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Shimansky, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Website or your use of or inability to use our Website, including without limitation any actual or threatened suit, demand or claim made against Shimansky and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions of use or your violation of the rights of any Third Party.
DISCLAIMER OF WARRANTY
This Website, the content contained herein and the products and services offered are provided on an “as is” basis without warranties of any kind, either expressed or implied (unless otherwise stated). Shimansky disclaims all other warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content and materials on our Website. Shimansky does not represent or warrant that products, materials or the services are accurate, complete, reliable, current or error-free. Shimansky does not represent or warrant that our Website and/or servers are free from viruses or other harmful components.
LIMITATION OF LIABILITY
Shimansky, its directors, members, employees or agents shall not be liable for any direct, indirect, special or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, loss of data whether in an action of contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected to the use of our Website, the products and services including without limitation any damages caused by or resulting from reliance by user on any information obtained from Shimansky, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether resulting from an act of God or not, communications failure, theft, destruction or unauthorised access to Shimansky’s records, programs and/or services.
Wonder of Love Competition
1. Please read the competition terms and conditions (“Terms”) carefully. These Terms apply to all persons entering the Wonder of Love promotional competition (“Competition”) conducted by Table Mountain Aerial Cableway Company (TMACC), situated at Tafelberg Road, Gardens, Cape Town, 8001 and Shimansky, situated at Level 1, The Clock Tower, V & A Waterfront, Cape Town, 8001 (“Shimansky”).
2. If you do not agree to be bound to any or all of the Terms contained herein, please do not enter the Competition. If you take part in this Competition, you agree to be bound by these Terms and accept that Shimansky’s decision is final, and no correspondence will be entered into. Prizes are not transferable, substitutable, or exchangeable in any form. Entry implies acceptance of these Full Terms.
3. The Competition is organised by Shimansky and TMACC. At all times, it is the sole responsibility of the winner to collect his or her prize from their nearest Shimansky store. Positive identification will be required to authenticate the winner. Persons that are excluded from entering the Promotional Competition is any person who is a director, member, partner, employee or agent of, or consultant (“Associates”) of TMACC and/or Shimansky or any other person who directly or indirectly controls, is employed by or is controlled by Promoters, and/or immediate family members of Associates, who are indirectly or directly connected to or employed by any party in the aforementioned capacities or relationships, their advertising agencies, manufacturers, distributors or bottlers of beverages identified by the trademarks owned by or licensed to Shimansky.
4. The Competition will run on Instagram and Facebook from 1 February 2020 and will end on 29 February 2020. Winner announced 4th March 2020. Competition Ts&Cs apply.
5. To stand a chance of winning this prize, participants must follow @shimanskydiamonds and @tablemountainca on Instagram and like Shimansky and Table Mountain Aerial Cableway on Facebook, post a wonder of love image on Table Mountain on Facebook or Instagram, and include the hashtag #tablemountainshimansky and #wonderoflove.
6. The main prize includes a sunset party for the overall winner of the Shimansky Table Mountain Ring and 7 friends. Prize includes bubbly, soft drinks, snacks and Cableway entry tickets provided by TMACC) and a Table Mountain ring with 27 diamonds from Shimansky valued at 10 000. Weekly winners will be selected to each win a sterling silver Table Mountain ring from Shimansky.
7. Shimansky reserves the right to use entries (at its sole discretion) to create further marketing material and share these on any media platforms that it so chooses and the entrants acknowledge that he/she and/or any third parties portrayed in the entry videos/challenges will not be entitled to receive any payment, title or rights over the creation, or the idea used. Shimansky reserves the right after the Competition Period, at its sole and absolute discretion, with or without notice, to change the Entry submitted as part of the Prize-winning Entry.
8. Shimansky reserves the right at any time, in its sole and absolute discretion, to disqualify any entrant and to remove (or to refuse to post) Entries from the Competition that it finds or believes not to comply with the conditions above, or otherwise with these Official Competition Rules, or that seek to defraud the legitimate purpose of this Competition. Without limiting the generality of these Rules.
Entries that are determined to be, or suspected to be, in Shimansky’s sole discretion, the subject of any scheme designed to compensate individuals for engaging in activities online that directly increases an Entrant’s chance of winning may be disqualified from the Competition and/or any associated Prize may be forfeited.
Entries may also be disqualified, removed from the Competition, and any associated prize forfeit in the event that the individual who submitted an Entry has engaged, or is suspected of engaging in, methods designed to affect the outcome of the draw for that Entry – or those of any other Entry – in violation of these Official Competition Rules, and to pursue all other applicable rights and remedies.
9. By entering the Competition, entrants agree to release and hold harmless Shimansky and its affiliated companies from any and all claims that any product, commercial, advertising, presentation, web content or other material, in any media, throughout the universe, subsequently produced, presented and/or prepared by or on behalf of Shimansky, infringes with regard to any elements, characters or ideas contained in the Entry. For greater certainty Shimansky will not be responsible should any future product, packaging, advertising, promotion, or other independently developed creative, marketing or advertising materials bear any resemblance to an Entry that is not declared to be the winning Entry.
10. Winners are announced in March 2020.
11. Any attempt to deliberately damage or interfere with the social media pages and website used in connection with the promotion or the information on it, or to otherwise undermine the legitimate operation of the promotional competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Shimansky reserves the right to seek damages to the fullest extent permitted by law. Shimansky reserves the right (subject to applicable law) to disqualify and/or ban any individual who tampers with or attempts to subvert or interfere with the Promotion website or entry process or prize retrieval process.
12. If for any reason the Competition is not capable of running as planned as a result of any technical failures, unauthorized intervention, computer virus, mobile network failure, social media site downtime, tampering, fraud or any other causes beyond Shimansky’s control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, Shimansky reserves the right to cancel, terminate, modify or suspend the promotion and/or to disqualify and/or ban any individual who (whether directly or indirectly) causes (or has caused or has attempted to cause) the problem. If an act, omission, event or circumstance occurs which is beyond the reasonable control of Shimansky and which prevents Shimansky from complying with these terms and conditions, Shimansky will not be liable for any failure to perform or delay in performing its obligations.
13. The winner’s name and image may be published on Shimansky and TMACC’s social media sites, and accordingly by participating in this promotional competition, all entrants are deemed to have read and understood the terms and conditions of the social media sites of Facebook, Twitter, Instagram, Shimansky website, and of entrants mobile network service provider (where applicable) and by entering this Competition, entrants further allow Shimansky permission to publish his/her name and photograph on the Shimansky’s Social Media pages.
14. The winner will be required to appear on any form of media and/or social media, for which no fee will be payable, and subject to the provision that the winner may at any time prior to such marketing appearance, decline the request by Shimansky to do so.
15. Shimansky reserves the right to cancel or amend or alter the Competition and its rules or prizes (not already awarded, to any other prize of comparable commercial value) at their own discretion at any time, if deemed necessary in their opinion and/or if circumstances arise outside of their control, without prior notice and no entrant shall have recourse for such cancellation or alteration. Any changes will be posted either within the competition information or these terms and conditions shall become effective immediately after being altered or on such date as may be determined by Shimansky. No entrant shall have any recourse against Shimansky as a result of the alterations of the rules or prizes.
16. Entries which are unclear, illegible, are submitted via an incorrect entry mechanism or contain errors or from Disqualified Persons, will be declared invalid. If Shimansky is unable to reach any entrant or complete the verification process after drawing his/her entry for whatsoever reason, such entrant will be disqualified, and the draw of a replacement entry shall take place in the same manner.
17. All ancillary costs, including but not limited to transport, meals, personal and incidental expenses, insurance, government taxes or other fees applicable, are the responsibility of the winner and/or entrants.
18. All entrants are advised that in compliance with the laws of the countries in which Shimansky operate, Shimansky are required to retain certain information (where applicable) of entrants and winners for a period of 3 (three) years (“Personal Information”). Such Personal Information to be retained by Shimansky includes (but is not limited to) the full names, identity numbers, contact details and winner’s acknowledgement of prize receipts. Accordingly, Shimansky will require the winners to complete and submit an information disclosure agreement and indemnification to enable Shimansky to ensure compliance with these rules, as well as with the South African Consumer Protection Act 68 of 2008 (“Consumer Act”). Should any entrant and/or winner refuse or be unable to comply with this rule for any reason, such entrant and/or winner will be deemed to have rejected the Prizes and it shall revert back to Shimansky.
19. All queries in connection with this Promotional Competition should be directed to Shimansky enquiries