📄 TERMS OF SERVICE
Effective Date: 30 January 2025
Welcome to The Swing Lab (“The Swing Lab”, “we”, “us”, “our”).
These Terms of Service (“Terms”) govern your use of our website The Swing Lab and our physical golf simulator facility located in Pretoria, South Africa. By accessing our website or using our services, you agree to be bound by these Terms.
1. ACCEPTANCE OF TERMS
By accessing our website or booking/using our services, you agree to these Terms. If you do not agree, you must discontinue use immediately.
2. SERVICES PROVIDED
We provide:
- Indoor golf simulator experiences
- Driving range simulation
- Professional golf coaching
- Events and group bookings
These services are delivered using proprietary systems, branding, processes, and content.
3. BOOKINGS, PAYMENTS & CANCELLATIONS
- All sessions must be booked in advance
- Full payment may be required prior to confirmation
- Cancellations must be made at least 48 hours in advance for a refund
- Late arrivals may result in reduced session time
4. FACILITY RULES & LIABILITY
Users agree to:
- Follow all safety instructions
- Use equipment responsibly
- Supervise minors at all times
We are not liable for:
- Injury, loss, or damage on premises (to the extent permitted by law)
- Misuse of equipment or negligence by users
5. WEBSITE USE
You agree not to:
- Copy, reproduce, or scrape website content
- Use the website for unlawful purposes
- Misrepresent affiliation with our business
6. INTELLECTUAL PROPERTY
6.1 Ownership
All intellectual property on this website and within our business, including but not limited to:
- Business name: “The Swing Lab”
- Domain: theswinglab.co.za
- Logos, branding, visual identity
- Marketing materials, wording, service descriptions
- Website design and content
are the exclusive property of The Swing Lab (Pty)Ltd and Pure Swing Studio (Pty) Ltd unless otherwise stated.
6.2 Protection of Brand Identity
Our name, branding, and services form a distinct commercial identity within the golf simulator industry in South Africa.
Any use of:
- A confusingly similar name
- Identical or substantially similar services
- Similar branding, wording, or positioning
that may mislead the public into believing there is an association with us constitutes unauthorised use and potential unlawful competition and/or passing off under South African law.
6.3 Prohibited Use
You may NOT:
- Copy or replicate our business model presentation or website content
- Use our name or a confusing variation in the same industry
- Represent yourself as affiliated with or connected to The Swing Lab
- Reproduce our service descriptions, offers, or marketing language
6.4 Enforcement Rights
We reserve the right to:
- Take legal action for infringement of intellectual property
- Issue cease-and-desist demands
- Claim damages for reputational or financial harm
- Pursue remedies under:
- Common law passing off
- Trademark law (registered or unregistered rights)
- Unlawful competition
6.5 Third-Party Infringement Reporting
If you become aware of any entity copying, imitating, or infringing on our brand or services, please contact us immediately.
7. LIMITATION OF LIABILITY
To the fullest extent permitted by South African law, we are not liable for:
- Indirect or consequential damages
- Loss of business, profits, or data
8. INDEMNITY
You agree to indemnify and hold us harmless against any claims arising from:
- Your misuse of our services
- Breach of these Terms
- Violation of any law or third-party rights
9. PRIVACY
Your use of our services is also governed by our Privacy Policy in compliance with POPIA.
10. GOVERNING LAW
These Terms are governed by the laws of South Africa.
Any disputes will be subject to the jurisdiction of the courts of Gauteng.
11. CHANGES TO TERMS
We may update these Terms at any time. Continued use of our services constitutes acceptance of any changes.
12. CONTACT DETAILS
The Swing Lab (Pty) Ltd
Pretoria, South Africa
Email: bookings@theswinglab.co.za
Phone: +27 67 569 8062