Effective Date: 1 February 2025

 

1.     Acceptance of Terms

By accessing or using the Fairview SwingLab Proprietary Limited (“Fairview SwingLab,” “we,” or “us”) website or indoor golf facility (the “Facility”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with any part of these Terms, you should discontinue use of the Site and Facility immediately.

2.     Eligibility

You must be at least 18 years old or have the consent of a parent/guardian to use our Facility. By using the Site or Facility, you represent and warrant that you meet this requirement.

3.     Bookings and Payments

1. Reservations: All simulator use must be booked in advance or assigned by staff.
2. Payment Terms: Fees, taxes, and other charges will be presented at the time of booking. You agree to pay all associated costs prior to your session.
3. Cancellations/Refunds: Our cancellation and refund policies are posted on the Site and at the Facility. By booking, you acknowledge and accept these policies.

4.     Rules for Use

When using the Facility, you must adhere to the following:

1. Check-In: Check in at the reception or with facility staff before starting.
2. Dress Code & Footwear: Non-marking shoes only. No spikes/cleats.
3. Equipment Usage: Only use approved clubs/balls. You will be held liable for damage caused by recklessness or negligence.
4. Conduct & Safety:
   • Always ensure the hitting area is clear before swinging.
   • No horseplay, aggressive behavior, or inappropriate language.
   • Food and drinks are allowed but must be kept clear of the simulator hitting area.
   • Children under 18 must be supervised at all times.
5. Alcohol Consumption: You must drink responsibly. The Facility reserves the right to refuse service or end a session if a customer is overly intoxicated or behaving disruptively.
6. Damages & Liability: Customers may be charged for equipment or property damage caused by misuse, recklessness, or negligence.
7. Staff Instructions: Follow all staff instructions regarding simulator operation, safety guidelines, and facility rules.
8. Noise & Disturbances: Keep noise to a respectful level. Offensive or disruptive behavior will not be tolerated.
9. Right to Refuse Service: We reserve the right to end a session or refuse entry to anyone violating these rules or behaving in a manner deemed unsafe.

5.     Website Use

When accessing our Site, you agree to:

1. Use the Site for lawful purposes only.
2. Not copy, distribute, or reproduce content without our permission.
3. Respect intellectual property rights and not infringe on any trademarks, copyrights, or other proprietary rights.

6.     Intellectual Property

All trademarks, logos, and service marks displayed on the Site are the property of Fairview SwingLab or other third parties. You are prohibited from using these marks without the prior written permission of Fairview SwingLab or the respective owner.

7.     Limitation of Liability

To the maximum extent permitted by law, Fairview SwingLab, Fairview Hotel, their owners, employees, or agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or related to:

1. Use of the Site or Facility.
2. Bodily injury or property damage occurring at the Facility, except as specifically required by law.

8.     Indemnification

You agree to indemnify, defend, and hold harmless Fairview SwingLab, Fairview Hotel, and their respective owners, employees, agents, and affiliates from any claims, damages, or expenses (including legal fees) arising out of or related to:

1. Your breach of these Terms.
2. Your use of the Facility or Site.
3. Your violation of any law or the rights of a third party.

9.     Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under these Terms shall be resolved exclusively in the courts of Tzaneen, Limpopo.

10.     Changes to These Terms

We may update or modify these Terms at any time. Changes will be effective when posted on the Site. Your continued use of the Facility or Site after any changes indicates acceptance of the new Terms.

11.    Contact Us

If you have any questions about these Terms or the rules for using the Facility, please contact us at:

Fairview SwingLab Proprietary Limited
Fairview Hotel, Tzaneen, Limpopo
0833578862
[email protected]