Terms and Conditions

Terms and Conditions

1. Email Legal Disclaimer

Email messages and any attachments are confidential and intended solely for the addressee. If an email message is received by you in error please notify the sender at the specific Kishugu® address from which the message originates immediately. Any unauthorised use, alteration or dissemination of any email message is prohibited.

Kishugu® (Pty) Ltd., including any of its subsidiaries from which a message originates, accepts no liability whatsoever for any loss whether it be direct, indirect or consequential, arising from information made available and/or actions resulting there from.

Email Fraud Warning:

Kishugu® would like to warn you that fraudulent emails do get sent by senders that pretend to act on Kishugu®’s behalf. It may be claimed in such emails, for example, that you have won a prize or that you should send or confirm personal information by email, including but not limited to, your name, address, passwords or financial information. If you receive an email from someone claiming to be from Kishugu® or a division or group of Kishugu®, which asks you to provide or confirm personal information, do not respond to it or make any payments. It is most likely to be a fraudulent email, the sole purpose of which is to receive your personal information or any payment. We recommend that you add the sender to your blocked email or spam email list. If you have any doubt concerning the authenticity of any email, please contact Kishugu® Corporate Communications on +27 13 741 6400 or coms@kishugu.com.

2. Digital Work Legal Disclaimer

This section pertains to all digital content created by Kishugu® and its suppliers and partners, including (but not limited to) advertising banners, microsites, social media applications and the Kishugu® Website – hereafter referred to as ʽDigital Workʼ.

Kishugu® appreciates your interest in its products and services and your use of its Digital Work. You may be asked for personal information when using the Digital Work, but it is up to you whether you provide this information or not.

The Digital Work are maintained in different countries around the world and are intended for users from those particular countries. If you do provide us with personal information it will be handled in accordance with the laws of the country in which the Digital Work is maintained. Privacy information relating to each specific country should be found on the relevant Website, with other Digital Works providing a link to the Website where deemed applicable.

Kishugu® will not use the personal information collected via the use of any Digital Work for any purpose other than individual customer care, mailing of product information, entertainment, or special offers. For these purposes, the information may be stored, processed, and, if necessary, passed on to other companies within the Kishugu® Group. Kishugu® declares that all information will be treated confidentially and in accordance with the legal provisions concerning data protection.

3. Trademarks

Unless otherwise indicated, all logo’s and marks displayed in Digital Works are subject to the trademark rights of the Kishugu® Group, including all marques, corporate logos and emblems.

No Warranties or representations

This information is provided by Kishugu® ʽas isʼ and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies.

  • We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this website or on any website to which it is linked.
  • We make no representations or warranties concerning the accuracy, completeness or suitability for any purpose of the information and related graphics contained on this website or on any website to which it is linked, or that such information is up to date.
  • We do not warrant that our website or any website to which it is linked or any relevant server are free of computer viruses or other harmful applications.

No Licences

Kishugu® has sought to achieve an innovative and informative set of Digital Works. We hope that you will be as enthusiastic as we are about this creative effort. However, you also need to understand that Kishugu® must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, please appreciate that no license to Kishugu®’s intellectual property or the intellectual property of third parties has been granted through these Digital Works.

 

4. Product and Service Information

All information, specifications and illustrations contained in the Digital Works are based on the latest product and/or service information available at the time of publication. Kishugu® reserves the right to make changes at any time, without notice, in colours, material, equipment, specifications and models, and is not responsible for typographical errors. Such changes may affect product and/or service pricing.

Some Products and/or Services shown may contain equipment not available in South Africa. Some Products and/or Services may be shown with optional equipment. Information can be obtained from your Kishugu®.

5. Intelectual Property and Copyrights

All rights reserved. Our website and all of the related pages including but not limited to content, text, software, code, graphics, images or other material contained in or electronically distributed on this website is owned by us or licensed to us and is protected by copyrights, trade marks, service marks, patents or other proprietary rights or laws. Unauthorised use of any copyrighted materials; trade marks or any other intellectual property without the express written consent of the owner is strictly prohibited.

We accept that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only, and not for any commercial purpose whatsoever. You are responsible for acting in compliance at all times with all applicable copyright laws. In particular, you may not do any of the following without obtaining prior written permission from us:

  • Redistribute, modify, adapt or vary any of the content of our website.
  • Remove any copyright or trade mark notices from any copies of the content.
  • Create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website.

6. Links to Third Party Sites

This website contains hyperlinks to websites owned and controlled by third parties which are not under our control and we are not responsible for the contents of any linked third party site. The links are provided for your convenience and any such link does not imply endorsement by us of the site nor does it imply that there is any association between us and the operators of the site.

7. Use of Information

You agree that we may collect, store and use information about you in accordance with our Privacy Statement.

8. Limitation of Liability

  • To the extent permitted by law, all implied terms are excluded.
  • We shall not be liable to you (except in respect of injury, death of any person resulting from our negligence or fraud) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise, for any loss of profit, business, contracts or revenues, or for any special, indirect or consequential or other losses or damages of any nature whatsoever arising directly or indirectly out of your access to or use of our website. Any decisions you make based on information contained in this website are your sole responsibility
  • If you enter our website you agree that this paragraph relating to limitation of liability is reasonable and that it reflects the nature of our website.

9. Indemnity

You must indemnify and keep us indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which we may incur to a third party or you as a result of your breach of the provisions of this agreement.

10. Severance

If any term of this agreement is held by any competent authority to be invalid or unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms of this agreement.

11. Waiver

If we do not exercise any right under the terms of this agreement then that shall not constitute a waiver of that right.

12. Third Parties

To the extent that this website is published or hosted by a third party on our behalf, such third party will not be responsible for the accuracy of its contents.

Last Edited on 2016-05-17

Terms and Conditions for the Win R2,000.00 Selfie Competition.

This Promotional Competition (“Competition”) is organised and run by Kishugu® (Proprietary) Limited, including its affiliates, partners, associations and agents (“Organisers”). The Competition is open for entry by all South African residents of 18 years and older with a valid South African identity book, except employees of the Organisers and its advertising and/or promotion agencies, outlet owners, retailers and wholesalers that form part of the Competition and their immediate families. The Competition is not open for entry by or on behalf of a legal entity and participants cannot use the account of a legal entity to enter the Competition.

By entering this Competition, all participants agree to be bound by these terms and conditions, which will be interpreted by the Organisers and the Organisers’ decision regarding any issue with the Competition will be final and binding and no correspondence will be entered into.

This is an online-entry based Competition. Entry will only be via Facebook.

No responsibility will be accepted for any entry that is not delivered, received or is delayed or damaged due to technical reasons or otherwise.

To enter this Competition, all participants are required to –

  • Upload an image of themselves at the Working on Fire Helicopter at the Crossings Shopping Centre in Nelspruit to the Lowveld Air Show and to double their winnings also to the Kishugu® Facebook page.
  • Every image uploaded to the Facebook pages at the Working on Fire Helicopter will be considered as a valid entry to the competition.

This Competition will run from 17 May 2016 to 18 May 2016. Entries received after the closing date will not be considered.

Users are not required to purchase anything from Kishugu® or like the Kishugu® or Lowveld Air Show page(s) to enter the competition.

Prize

The prize is R1,000.00 if the winner uploaded his selfie to only the Lowveld Air Show Facebook page.

The prize money will be doubled to R2,000.00 if the winner uploaded his selfie to both the Lowveld Air Show and Kishugu® Facebook page(s).

Participants may enter multiple times, however regardless of the amount of entries, participants will only be entitled to one prize should they be selected as the winner.

The prize does not cover any other costs of the winner whatsoever. Any and all tax implications and liabilities as a result of winning the prize will be solely borne by the winner.

The prize is not exchangeable, and will not be transferable or negotiable.

The Organisers reserve the right to substitute the prizes for an alternative prize of equal or greater value should the prize promoted not be available due to unforeseen circumstances.

 Competition winner selection

The winner will be selected by the Lowveld Air Show Committee.

The winner will be announced within 2 working days of the closing date of the Competition.

The winner will be contacted via telephone or via Facebook direct message.

The Organisers will make three attempts telephonically or via Facebook direct message to contact and notify the selected winner. If the selected winner cannot be contacted personally after three attempts, the winner will forfeit the prize and a replacement winner will be selected from the selfies entered from the remaining qualifying participants. This process shall continue until the winner has been contacted in terms of the competition rules.

In addition and in the event that a winner is ineligible to accept the prize in terms of the competition rules, or is unable or fails to accept the prize for any reason whatsoever, a replacement winner will be selected from the selfie entries from the remaining qualifying participants in accordance with the same process as applicable to the original selection.

The Organisers reserve the right to select an alternative winner in the event that they reasonably believe, in their sole discretion, that the selected winner has contravened any of these terms and conditions. The Organisers’ decision shall be final and no correspondence will be entered into.

The Winner 

The winner of the prize will receive the prize five to ten working days after being notified as having won the Prize.

The winner will need to provide the following to the Organisers within fifteen working days of date being notified of the prize,  in order to receive their prize –

  • positive identification to the Organisers, including a valid South African identity book;
  • regardless of the number of entries per participant, there will be only one individual winner.

Should the winner verbally or otherwise agree to it, the Organisers may publish the winners’ full name, surname, province and town in which they reside and images, including photographs, on, inter alia, the Organiser’s Facebook page and in all media, without any liability to the Organisers or remuneration due to the winner.

The Competition, its prize, and any terms and/or conditions surrounding it may be amended by reasonable notification at any time during the Competition and will be applied and interpreted at the sole discretion of the Organisers. Such altered terms and conditions and/or Prize shall become effective immediately after being altered or on such date as may be determined by the Organisers. No participants shall have any recourse against the Organisers as a result of the alterations of the terms and conditions and/or Prize.

The Organisers reserve the right to extend, reasonably shorten or suspend the time period of the Competition whenever it should so choose for technical, commercial, or operation reasons, or for the greater public good, or due to a “force majeure” or generally for any reason whatsoever within its sole discretion, on condition that it notifies the participants in a manner that is expedient according to its best ability.

The Organisers reserves the right to terminate this Competition immediately at any stage, whether required as a result of changes in legislation, or if required by any national, provincial or municipal authority, or within the sole discretion of the Organisers for any reason whatsoever. Notice of such termination shall be published on the Competition website or on any other suitable forum. In such an event, all participants waive any rights that they may have/purport to have in terms of this Competition and acknowledge that they will have no recourse against the Organisers whatsoever.

All participants and the winners indemnify the Organisers, its associated and subsidiary companies, and its directors, officers, and employees, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever from their participation in any way howsoever in this Competition.

The South African law shall govern these competition rules and the courts of South Africa shall have exclusive jurisdiction.

Last Edited on 2016-05-17

FOR THE GREATER GOOD®

®We aim to grow this business even further, beyond the horizon, for the greater good® of the world at large.