Sim Racing Centres: Johannesburg, Cape Town and Umhlanga. – Book your spot today, Prices starting from R185p/h

TERMS & CONDITIONS

TERMS & CONDITIONS

TERMS & CONDITIONS

Last Updated: 29 – 09 – 26

These Terms and Conditions (“Terms”) govern your use of the TGN Racing Simulators website, online store, simulator booking services, racing events, memberships and related services.

By accessing or using this website, creating an account, making a purchase, booking a simulator session, purchasing a membership, entering an event or otherwise using our services, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use the website or our services.

1. Acceptance of These Terms

By using the TGN website or services, you confirm that:

  • you have read and understood these Terms;
  • you agree to comply with these Terms;
  • you will provide accurate and complete information where required;
  • you are legally capable of entering into the relevant transaction or agreement;
  • where you are making a booking or purchase on behalf of another person, you have the authority to do so; and
  • you will comply with applicable laws and any reasonable instructions issued by TGN staff.

Where a particular product, booking, event, promotion or membership has additional terms, those terms will apply together with these Terms.

Nothing in these Terms is intended to limit or exclude any consumer right or protection that cannot lawfully be limited or excluded under applicable South African law.

2. Website Use

You may use the TGN website for lawful purposes only.

You must not:

  • use the website for fraudulent or unlawful purposes;
  • attempt to gain unauthorised access to the website, its systems or accounts;
  • interfere with the operation or security of the website;
  • introduce malicious software, code or other harmful material;
  • use automated systems to scrape, copy or extract website content without permission;
  • impersonate another person or provide misleading information;
  • use another customer’s account without authorisation; or
  • engage in activity that could damage TGN, its website, systems, reputation or other customers.

TGN reserves the right to restrict or terminate access to the website where reasonably necessary to protect the website, its users or TGN’s business.

3. Website Content

We make reasonable efforts to ensure that information published on the website is accurate and up to date.

However, product specifications, photographs, prices, availability, descriptions, event information, simulator configurations and other website content may occasionally contain errors or become outdated.

Images are provided for illustrative purposes unless expressly stated otherwise. Product appearance, packaging, accessories and specifications may differ from images shown on the website where the manufacturer or supplier has made changes.

TGN reserves the right to correct errors, update information and make reasonable changes to website content.

Where a material error affects a transaction, TGN will take reasonable steps to notify the affected customer and deal with the transaction in accordance with applicable law.

4. Products and Product Information

Products sold through the TGN online store may include racing simulator equipment, simulator frames, seats, wheels, pedals, electronics, accessories, gaming equipment and other related products.

Product availability is subject to stock availability.

Where a product is supplied by a third-party manufacturer or distributor, the manufacturer’s specifications, warranty conditions and compatibility requirements may apply.

Customers are responsible for checking product compatibility and requirements before purchasing where such information is reasonably available.

TGN will provide product information and specifications as accurately as reasonably possible, but manufacturers may change specifications without prior notice.

5. Prices

When you place an order through the TGN website, you are submitting a request to purchase the selected products.

An automated order confirmation may be sent to the email address supplied during checkout. An order confirmation does not necessarily mean that the order has been finally accepted or that the product has been dispatched.

An order may be subject to:

  • stock availability;
  • payment confirmation;
  • verification of customer or order information;
  • pricing or product-description errors; and
  • availability from suppliers or manufacturers.

Where TGN cannot fulfil an order, we will communicate with the customer and provide an appropriate remedy in accordance with applicable law and the circumstances of the transaction.

6. Online Orders

When you place an order through the TGN website, you are submitting a request to purchase the selected products.

An automated order confirmation may be sent to the email address supplied during checkout. An order confirmation does not necessarily mean that the order has been finally accepted or that the product has been dispatched.

An order may be subject to:

  • stock availability;
  • payment confirmation;
  • verification of customer or order information;
  • pricing or product-description errors; and
  • availability from suppliers or manufacturers.

Where TGN cannot fulfil an order, we will communicate with the customer and provide an appropriate remedy in accordance with applicable law and the circumstances of the transaction.

7. Payment

TGN may make different payment methods available from time to time.

Available payment methods may include card payments, online payment providers, electronic funds transfer or other methods displayed during checkout.

Where payment is made through a third-party payment provider, the payment provider’s applicable terms and policies may also apply.

TGN does not ordinarily receive or store complete card details where payments are processed through an external payment provider. Payment information may be processed by the relevant payment service provider in accordance with its own security and privacy requirements.

Orders requiring payment confirmation may not be processed or dispatched until the required payment has been successfully confirmed.

TGN reserves the right to delay or cancel an order where payment cannot be verified or where there are reasonable grounds to suspect fraudulent activity.

8. Delivery

Products purchased through the TGN online store will be delivered in accordance with the delivery options and estimated delivery periods communicated during the purchasing process.

Estimated delivery periods are estimates and may be affected by:

  • stock availability;
  • supplier availability;
  • courier delays;
  • public holidays;
  • weather or other circumstances outside TGN’s reasonable control;
  • customs or import processes where applicable; and
  • incorrect or incomplete delivery information supplied by the customer.

Our detailed delivery terms are contained in our Delivery & Shipping Policy.

9. Returns, Refunds and Product Issues

Returns, refunds, exchanges and product-related complaints will be handled in accordance with applicable South African consumer law and TGN’s Returns, Refunds & Warranty Policy.

Customers should inspect products upon receipt and notify TGN as soon as reasonably possible if a product appears to be damaged, incorrect, defective or otherwise not as ordered.

Nothing in these Terms is intended to remove or reduce any statutory consumer rights that apply to the transaction.

10. Warranties

Where a product is covered by a manufacturer’s or supplier’s warranty, the applicable warranty terms may apply.

Warranty coverage can differ between products and manufacturers.

Customers should retain proof of purchase and any relevant documentation required for a warranty claim.

Our detailed warranty procedures are contained in our Returns, Refunds & Warranty Policy.

11. Simulator Bookings

TGN provides simulator sessions and other racing experiences that may be booked through the website or through other authorised booking channels.

A booking is subject to:

  • availability;
  • the selected simulator/service;
  • the selected date and time;
  • the selected racing centre;
  • the applicable booking price;
  • any applicable booking conditions; and
  • compliance with TGN’s simulator and centre rules.

A booking confirmation will generally be sent to the contact details provided by the customer.

Customers are responsible for checking their booking details and contacting TGN as soon as possible if any information is incorrect.

Our detailed cancellation, rescheduling and refund rules are contained in the Booking & Cancellation Policy.

12. Simulator Session Times

Customers should arrive sufficiently early to allow for check-in and any required briefing.

A late arrival may reduce the amount of available driving time where the booking cannot reasonably be extended without affecting subsequent bookings.

TGN is not obliged to extend a session beyond its scheduled end time because a customer arrived late.

Where a customer fails to attend a booking without following the applicable cancellation or rescheduling procedure, the booking may be treated as a no-show in accordance with the Booking & Cancellation Policy.

13. Simulator Availability and Technical Issues

TGN makes reasonable efforts to ensure that booked equipment is available and operational.

However, simulator equipment consists of complex hardware and software systems and may occasionally experience technical faults, maintenance requirements, software issues, network problems or other interruptions.

Where TGN is unable to provide a booked session due to an equipment failure, venue issue or other circumstance within TGN’s control, TGN will take reasonable steps to provide an appropriate alternative, reschedule the booking or otherwise address the affected booking in accordance with applicable law and the circumstances.

TGN may substitute equipment where reasonably necessary, provided that the replacement service is reasonably comparable or an appropriate alternative is offered.

14. Racing Events

TGN may organise or host racing events, competitions, leagues, championships, endurance races, hot-lap challenges and other activities.

Event dates, times, formats, vehicle classes, tracks, entry requirements and other details may vary between events.

TGN reserves the right to make reasonable operational changes to an event where necessary.

Additional event-specific rules may apply and will be communicated to participants where applicable.

Participants may be required to comply with event rules, sporting regulations and instructions from TGN staff or event officials.

15. Simulator Centre Rules and Safety

Customers must follow all reasonable safety instructions issued by TGN staff.

Customers must use simulator equipment responsibly and must not intentionally misuse, damage or interfere with equipment.

Customers must not:

  • deliberately abuse or strike simulator equipment;
  • interfere with electrical, mechanical or electronic components;
  • operate equipment in an unsafe manner;
  • ignore reasonable instructions from TGN staff;
  • intentionally damage property;
  • behave aggressively towards staff or other customers; or
  • engage in conduct that creates a safety risk.

Customers may be refused use of equipment or asked to leave a venue where their conduct creates a reasonable safety, security or operational concern.

Additional safety requirements may apply to motion simulators, VR equipment and other specialised equipment.

The Simulator Centre Rules & Safety Policy forms part of these Terms.

16. Alcohol, Drugs and Unsafe Behaviour

Customers must not use TGN equipment while impaired by alcohol, drugs or any other substance to an extent that creates a safety or operational concern.

TGN may refuse or discontinue a session where staff reasonably believe that a customer is unable to safely operate the equipment or is creating a risk to themselves, staff, other customers or property.

Any applicable refund or rescheduling entitlement will be determined in accordance with applicable law and TGN’s relevant policies.

17. Damage to Equipment or Property

Customers are expected to take reasonable care of TGN’s equipment and property.

A customer may be held responsible for loss or damage caused by their intentional or negligent conduct, subject to applicable law.

TGN will not impose liability merely because equipment was damaged during ordinary and reasonably expected use.

Any claim relating to damage will be assessed based on the circumstances and applicable law.

Any applicable refund or rescheduling entitlement will be determined in accordance with applicable law and TGN’s relevant policies.

18. Memberships

TGN may offer memberships that provide benefits such as discounted sessions, complimentary sessions, event access or other benefits.

Memberships may be subject to:

  • membership fees;
  • recurring billing;
  • membership periods;
  • usage limits;
  • booking restrictions;
  • blackout periods or event restrictions;
  • cancellation requirements; and
  • additional membership-specific conditions.

Membership benefits are personal to the member unless a particular benefit expressly permits use by another person.

The specific terms applicable to a membership will be provided at the time of purchase and are supplemented by the Membership Terms & Conditions.

19. Promotions and Special Offers

TGN may offer promotional pricing, competitions, vouchers, discounts, packages and other special offers.

Unless otherwise stated:

  • promotions are subject to availability;
  • promotions cannot necessarily be combined;
  • promotional benefits cannot be exchanged for cash;
  • promotional periods may have specific start and end dates; and
  • additional terms may apply.

Where a promotion has specific terms, those terms will take precedence over any inconsistent general promotional information.

20. Accounts

Certain website functions may require you to create a customer account.

You are responsible for:

  • providing accurate account information;
  • maintaining the confidentiality of your login details;
  • keeping your account information up to date; and
  • notifying TGN if you believe your account has been accessed without authorisation.

You must not knowingly allow another person to use your account where this is prohibited by the relevant service or membership conditions.

TGN may suspend or restrict an account where reasonably necessary due to suspected fraud, abuse, unlawful activity, security concerns or serious violation of these Terms.

21. Intellectual Property

Unless otherwise stated, the website and its content, including TGN branding, logos, graphics, photographs, videos, text, layouts, designs and other materials, are owned by or licensed to TGN.

You may not reproduce, modify, distribute, commercially exploit or republish TGN’s protected content without prior written permission, except where permitted by law.

Third-party trademarks, logos and product names remain the property of their respective owners.

22. Customer Reviews and User Content

Where TGN permits customers to submit reviews, photographs, comments or other content, customers must ensure that the content:

  • is truthful and not misleading;
  • does not infringe another person’s rights;
  • does not contain unlawful, defamatory, threatening or abusive material;
  • does not contain malicious software; and
  • does not violate applicable law.

TGN reserves the right to remove content that violates these requirements or applicable law.

By submitting content to TGN, you grant TGN permission to use that content for legitimate business and marketing purposes to the extent permitted by law, subject to applicable privacy and intellectual-property rights.

23. Third-Party Services and Links

The TGN website may contain links to or integrations with third-party websites and services, including payment providers, manufacturers, social media platforms, mapping services, booking systems and other service providers.

TGN is not responsible for the content, availability, security or privacy practices of third-party websites or services that are outside TGN’s control.

Your use of a third-party service may be subject to that provider’s own terms and policies.

24. Third-Party Services and Links

TGN collects and processes personal information in connection with website use, bookings, purchases, memberships, customer accounts, communications and other services.

TGN’s processing of personal information is governed by its Privacy Policy.

By using the website and providing personal information, you acknowledge that your information will be handled in accordance with the applicable privacy laws and TGN’s Privacy Policy

25. Privacy and Personal Information

TGN collects and processes personal information in connection with website use, bookings, purchases, memberships, customer accounts, communications and other services.

TGN’s processing of personal information is governed by its Privacy Policy.

By using the website and providing personal information, you acknowledge that your information will be handled in accordance with the applicable privacy laws and TGN’s Privacy Policy.

26. Electronic Communications

When you interact with TGN electronically, including by placing an order, making a booking, creating an account or sending an enquiry, you consent to receiving electronic communications relating to your transaction or enquiry where applicable.

These communications may include:

  • booking confirmations;
  • order confirmations;
  • payment notifications;
  • delivery updates;
  • account notifications;
  • service-related messages; and
  • other communications necessary to provide the requested service.

Marketing communications will be handled separately in accordance with applicable privacy and direct-marketing requirements.

27. Availability of the Website

TGN does not guarantee that the website will always be available, uninterrupted or free from errors.

Website availability may be affected by:

  • maintenance;
  • hosting problems;
  • internet connectivity;
  • security incidents;
  • software failures;
  • third-party services;
  • technical faults; or
  • circumstances outside TGN’s reasonable control.

TGN will take reasonable steps to restore affected services where practical.

28. Limitation of Liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Subject to applicable law, TGN will not be responsible for loss arising solely from circumstances outside TGN’s reasonable control.

TGN is not responsible for indirect or consequential loss to the extent that such limitation is permitted by law.

Nothing in these Terms limits any statutory consumer rights, warranties or remedies that cannot lawfully be excluded.

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29. Force Majeure

TGN will not be responsible for delays or failures caused by circumstances reasonably outside its control, including natural disasters, severe weather, power failures, internet or telecommunications failures, government action, strikes, civil unrest, supplier failures, transport disruptions, pandemics, or other circumstances beyond TGN’s reasonable control.

Where such circumstances affect a customer’s booking or order, TGN will take reasonable steps to communicate with the customer and provide an appropriate remedy where applicable.

30. Changes to These Terms

TGN may update these Terms from time to time to reflect changes to its services, website, business operations or applicable legal requirements.

The updated version will be published on the website with an updated “Last Updated” date.

Changes will not remove or retrospectively reduce rights that a customer has already acquired under applicable law or an existing transaction.

Where a change materially affects an existing agreement, TGN will take reasonable steps to communicate the change where required.

31. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Any dispute will be dealt with in accordance with applicable South African law and any applicable consumer-protection or dispute-resolution mechanisms.

Nothing in these Terms prevents a consumer from exercising a right or remedy available under applicable South African law.

32. Complaints and Dispute Resolution

If you have a complaint regarding a TGN product, service, booking or transaction, please contact us first so that we have an opportunity to investigate and resolve the matter.

Email: info@tgnza.co.za
Booking enquiries: booking@tgnza.co.za

Please include:

  • your name;
  • order or booking number, where applicable;
  • relevant dates;
  • details of the issue; and
  • any supporting information or photographs where relevant.

TGN will review complaints and respond within a reasonable period.

Where a dispute cannot be resolved directly, the parties retain any rights available under applicable South African law, including applicable consumer dispute-resolution mechanisms.

33. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or removed to the minimum extent necessary, and the remaining provisions will continue to apply to the extent permitted by law.

34. Entire Agreement

These Terms, together with any applicable policies, booking conditions, membership conditions, product-specific terms and event rules referred to on the website, form the applicable agreement between TGN and the customer in relation to the relevant service or transaction.

Where a specific policy or agreement contains terms that specifically apply to a particular transaction, those specific terms will apply to the extent of any inconsistency with these general Terms, subject always to applicable law.

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