Gisborne Golf Sim
Terms & Conditions
GENERAL TERMS & CONDITIONS
These terms and conditions affect your legal rights. It is important that you read this
agreement carefully before making a purchase. By signing this agreement or by
selecting “I agree to the Terms and Conditions” you acknowledge that you have read,
understood and agreed to be bound by the terms and conditions in this agreement. If
you are making a purchase on behalf of another person, you agree that you are their
agent so that they will be bound by this agreement.
At Gisborne Golf Sim Limited (NZBN: 9429053450142) T/A Gisborne Golf Sim (‘we’,
‘us’, ‘our’) as the supplier of recreational services including but not limited to: Indoor
golf simulator bay hire, food and beverage, general use of premises at Gisborne Golf
Sim venue. Using the facilities and partaking in activities at Gisborne Golf Sim are
done according to the terms and conditions of this agreement.
HEALTH & SAFETY
We will not be liable for any personal injury or loss where negligence cannot be
attributed to us. You are responsible for ensuring that you are in good health and free
from any conditions that could affect your ability to participate in our activities. If you
have any pre-existing health conditions, please consult with a healthcare
professional before participating.
You affirm that you understand the scope, nature, and extent of the risks involved in
the recreational activity covered by these terms and conditions and that you are not
under the influence of drugs, alcohol, illegal or anything else that may impair your
ability to safely engage in activities.
By participating, you agree to the Terms and Conditions, so too, safety rules and
restriction guidelines herewith. You should be in good health to participate in physical
activity and participate in accordance with these rules. It is the parents/guardians’
responsibility to ensure that their children adhere to these safety rules. You agree
any sporting or leisure activity of any kind that is conducted at our premises which
you participate in, including passive participation (i.e. observing), has an inherent risk
and may result in personal injury and death. You assume and accept all risks.
Gisborne Golf Sim has taken every possible step to ensure you have a completely
safe and fun experience through the use of our simulator bays, high-quality
equipment and the employment of our staff. We cannot however accept any
responsibility for injuries sustained due to the negligence of participants. Prior to
entering Gisborne Golf Sim premises, we require that you confirm you accept
responsibility for yourself and associated parties during your time in the centre.
You acknowledge there are inherent risks that may arise from the actions of other
patrons and/or guests, of which are not condoned by Gisborne Golf Sim albeit may
still occur. These include pedestrian traffic, irresponsible, unreasonable, excessive,
reckless, careless, unkind, and generally objectionable behaviour, whether
intentional or unintentional.
You agree to pay the cost of and authorise Gisborne Golf Sim too, take all steps it considers
reasonably necessary to protect your welfare in the event of personal injury,
including the administration of any emergency medical treatment and ambulance
transportation.
Subject to the provisions within this agreement, you release, discharge and forever
hold harmless, Gisborne Golf Sim, its employees, directors and agents from all
liability, obligation and responsibility of any nature for death or any losses, damages
or injuries relating to, or arising directly or indirectly from your engagement in the
recreational activity and from your participation in any related or incidental activities.
This release shall be binding on your estate and may be pleaded by Gisborne Golf
Sim as a complete bar in relation to any action, suit, claim or demand of any nature
that you may bring against Gisborne Golf Sim or which may be brought on your
behalf. This release shall extend and apply to all conduct of Gisborne Golf Sim,
including, without limitation, the circumstance where the facilities pursuant to which
the recreational activity takes place were not supplied with due care and skill, not fit
for purpose or because of negligence, breach of contract, statute or statutory duty by
Gisborne Golf Sim. In no event shall Gisborne Golf Sim be liable for loss of profit or
consequential damages, whether based on breaches of contract, warranty or
otherwise.
BOOKINGS, FEES, GIFT VOUCHERS, CANCELLATIONS & REFUNDS
Bookings for activities and services at Gisborne Golf Sim (184 Derby Street,
Gisborne) are subject to the following terms.
Bookings are made Online, through the booking system provided at
www.gisbornegolfsim.co.nz. By booking online, you agree to the terms and
conditions and privacy policy set out by whatever third party processes the booking
and payment. It is your responsibility to check and confirm the details of the booking,
we will not be liable for any delay or non-performance of a booking if incorrect
information is provided. Your booking will be confirmed via email, this confirmation
is binding and upon receipt of your confirmation, you agree to enter a contract with
us. You are required to pay the session fee in full prior to being admitted into that
session.
All transactions are in New Zealand dollars, including GST. Fees and charges are
shown on the Gisborne Golf Sim website and are subject to change without notice.
Booking online in advance is required to ensure the space is available. You
acknowledge that despite Gisborne Golf Sim’s reasonable precautions, our products
and services may be listed at an incorrect price, with incorrect information or which
may be unavailable due to an error or oversight. In these circumstances, Gisborne
Golf Sim reserves the right to cancel the transaction, notwithstanding that your
booking has been confirmed and full payment has been made.
Online payments are processed securely through the Bay Booker System; by entering
your name and card details, you agree to share this information with this third party.
There may be additional fees for card processing, these fees will be made apparent
at checkout. By completing a purchase, you agree to pay for these additional fees.
Gift vouchers issued remain the property of Gisborne Golf Sim and are void if
tampered with. Gift vouchers are non-refundable and void outside their allocated
time frame or specified expiry date. All gift vouchers may not, without the prior
communication and written consent of Gisborne Golf Sim, be resold or offered for
resale at a premium or used for advertising, promotion or other commercial purposes
either by you as the original purchaser or any subsequent bearer.
At Gisborne Golf Sim, all bookings and services are non-refundable as you have
agreed to our Terms and Conditions at your time of booking. There will be no refunds
for those who do not show for their booking and all transaction fees are 100%
non-refundable. No refunds will be given for a change of mind. This includes partial
or full refunds.
The Gisborne Golf Sim staff can make changes to your booking at any time, this may
include changing; start time, finish time, allocated bay, etc. By booking you agree to
staff making adjustments when necessary, you will be automatically notified via
email regarding any booking changes. If we encounter unforeseen circumstances or
issues, your booking may be delayed, we will take necessary steps to ensure your
actual time of simulator use is not reduced.
Changes and cancellations are permitted up to 48 hours before your booking and
can be done at will online. For changes within 1 hour of your booking, you will need
to contact Gisborne Golf Sim by phone or email. We will not offer refunds for
cancellations or changes made less than 1 hour before the booking time.
Membership
Terms & Conditions
By applying for and using a membership at Gisborne Golf Sim, you acknowledge that you have read, understood, and agreed to be bound by Gisborne Golf Sim Membership Terms and Conditions as outlined below. These membership terms and conditions ("Terms") govern the use of Gisborne Golf Sim facilities.
By entering your payment details and confirming these on our website, you
agree to enter into our membership subscription, and become a member of
Gisborne Golf Sim.
You agree to pay a membership fee, billed weekly. If paying by bank transfer,
you agree to pay the amount invoiced, before the due date.
If paying by
debit/credit card, fees will be charged and billed to your nominated
debit/credit card. There may be additional fees for payment processing, you
agree to pay these processing fees.
If payment is not successfully processed (e.g. due to expired card or
insufficient funds), you may lose access to membership benefits until the
payment is resolved.
Your membership subscription entitles you to one coupon per week.
Each coupon entitles you to a 55 minute session at Gisborne Golf Sim.
Membership coupons do not have to be used weekly, but must be used within
six months of issue.
By enrolling as a member you enter into a binding agreement to receive the
above services; charged weekly, subject to these terms and conditions.
After the minimum membership period, your membership rolls over
automatically unless you terminate in writing.
A cancellation fee will apply if cancelled within the membership term agreed.
We will not be obliged to give you any refund of fees paid for your
membership if you fail to use your membership or terminate
early, before the end of your membership period.
You are able to terminate your membership via email to
admin@thegisbornegolfsim.co.nz.
Your membership is for use by the named signatory only, this membership is
non transferrable.
In the case of a family membership, the benefits are
applicable to immediate relatives, living under the same address.
You have rights under the Consumer Guarantees Act 1993 and the Fair
Trading Act 1986. Other than those rights and the rights given to you under
this contract: we will not be liable to you for any direct, indirect or
consequential loss or damage or injury of any kind to you or your property,
however it arises.
At any time, we can terminate your membership subscription immediately by
giving you notice in writing or by email if we reasonably believe you have
seriously breached an important term of this contract, such as carrying out
any illegal, offensive, or unsafe activity on the premises.
If we terminate your membership because of your serious breach of this
contract, we are still entitled to recover our costs and losses under this
contract.
Gisborne Golf Sim may change any of these Terms at any time. You are
responsible for checking the Terms regularly to review any such changes.
We reserve the right to deny entry and or service to persons under the age of
13 unless accompanied by a supervising companion over the age of 18.
We reserve the right to deny entry or cancel your access if you reasonably
appear to be under the influence of or in possession of alcohol or illicit
substances.
We reserve the right to deny entry or cancel your access if you fail to comply
with the terms and conditions or fail to follow the instructions of the Gisborne Golf Sim Staff.
We reserve the right to deny entry or cancel your access if you behave in an
offensive, reckless, careless, or threatening manner to other customers or
staff.
We reserve the right to deny entry or cancel your access if you are reasonably
believed to be a danger to yourself, others, or your surroundings.
You acknowledge and give consent that, upon entering Gisborne Golf Sim
premises, both yourself, guests and children for whom you may be
responsible, can be photographed and/or videoed for security, safety and
promotional purposes.
By providing your email to Gisborne Golf Sim, you consent to receiving
promotional and advertising material from time to time.