TSAM-TTGE Website Terms

1.   Introduction

We, Toyota South Africa Motors ("TSAM") operate this website and the conduct of visitors to the website is governed by these terms.

The website is titled The Toyota Gaming Engine (TTGE). 

TTGE provides an online platform providing various services, including but not limited to providing you with South Africa’s best gaming league platform to participate in various gaming tournaments, communicate about your participation in the leagues, join gaming networks, sign-up for and receive gaming-related content and participate in gaming competitions (collectively, the “services”).

The TTGE website is powered by African Cyber Gaming League (Pty) Ltd (ACGL). If you use any services offered by AGCL that are not offered on, or accessed using the TTGE website, your use of the AGCL services is governed by its terms. You must read and accept the terms applicable to those services as TSAM is not responsible for the provision of ACGL services or for the processing of your personal information used in providing the services.   

 

2.   Agreement by you

When you browse the TTGE website please familiarise yourself with the terms that apply to its use. 

Before registering to use the services on the TTGE website and sharing any information with us please read these terms and the information about “Privacy” and “Cookies”. If you register and share information with us, you agree to these terms and the terms describing how we process personal and other information provided to by you. 

We may make changes to our terms and will display these when the terms become effective. If you use the services and share information with us after the changes become effective, you will be agreeing to be bound by the changed terms.

If you disagree with our terms, please do not use the services. 

 

3.     REGISTRATION PROCESS

The use of the TTGE website is restricted to persons who have reached the age of 18 (eighteen) years. If you are not 18 or older you may browse the TTGE website but cannot register to use the services.  

To use the services you must register on the TTGE website using the prompted methods and submit any required information to create a user Profile.

You may only have one (1) profile and you must provide accurate, current and complete information during the registration process. You must update your profile if any of the information required for registration changes.

Once registered, you are allocated a unique profile, which is under your control and can be changed by you, using tools available on the TTGE website. Some of the features of the TTGE website may automatically make adjustments or manipulate your profile in accordance with the tool’s functions.

On registration you must submit your full name, email address, username, date of birth, and phone number. You may set up additional features in your profile as prompted by the TTGE website, depending on the services you wish to access and use.

To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring a password together with your provided email address in order to grant access to your Profile and data after you have logged out of the site.  To view or change your personal information provided, you can do so via by the ‘Settings’ tab on your user profile.

During the registration process you will be required to select a password. To access your profile on the TTGE website after registration you will be required to insert your email address and password. To avoid unauthorised access to your profile you must ensure that your password remains secret and known only to you. You must not share your password with anyone including any persons responsible for the operation of the TTGE website.

If your profile is accessed using your email address and password selected by you, TTGE will assume that all actions taken using your profile are yours and hold you responsible for these actions.

By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone. 

 

4.   TSAM's responsibilities

We provide the TTGE website “as is” and intend that it is accessible 24 hours every day. If the website is not accessible for any reason, including routine maintenance, or a decision made by TSAM (for instance to update or replace features on the website), we are not responsible to you if you rely on the website being accessible.

Enquiries about the website or the products and services displayed on the website are facilitated at https://www.toyota.co.za/enquiry.

 

5.   Your responsibilities

We consent to your use of the TTGE website subject to your respecting these terms and other visitors to the website using the features provided. 

The TTGE website is provided free of charge. If any charges or fees are incurred to allow you to gain access to and use the services, you are responsible for the payment of the charges or fees. 

You are not obliged to share information with us, but should you share information you are responsible for ensuring that you are lawfully entitled to do so. If you choose to use the services you will, on registration, be required to provide information and personal information to TSAM and ACGL, who power the TTGE website.   

If you share any personal information with us, you must do so lawfully and, if sharing of the information requires a third party’s consent, you are responsible for obtaining their consent.

The TTGE website is provided strictly for your personal use and must not be used for commercial purposes.

In using the website, we expect you to:

·      comply with the law

·      not disrupt the operation of the website or features

·      not disrupt the use of the website by other visitors

·      not use any technologies in conjunction with the website without TSAMs prior written consent

·      not willfully communicate inaccurate, defamatory or abusive information

·      not copy parts of this website or information published on the website and publish the copied information, unless it is for your personal use, alternatively you have the prior written consent of TSAM to do so

If you fail to comply with these terms, we may withdraw our consent to your using the website and take appropriate steps to prevent your future use. If your conduct constitutes a criminal offence we may, to protect our and any other visitors’ rights, be obliged to report your conduct to the relevant authorities.

 

6.   Intellectual Property 

Unless otherwise indicated, the Website is our intellectual property, the content and marks are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of South Africa, foreign jurisdictions, and international conventions.

Unless otherwise agreed, you retain all intellectual property rights in the information that you may communicate to us and in providing the information to us, consent to our using the information for the purposes indicated by us. 

We will, on written request and within a reasonable time, return your information to you unless we are lawfully entitled or obliged to retain the information.

The provision by you of information (particularly personal information) of a third party does not allow you to claim ownership or any other right in the third-party information provided. 

 

7.   Third party links and content

We may provide links from our website to third party owned and operated websites or social media platforms.

The terms governing the use of these websites or platforms will probably differ from these terms and we take no responsibility for the operation of the websites or platforms, the content displayed or how shared information (including personal information) may be processed. 

We are not responsible for your viewing or using the websites and platforms and encourage you to read the terms governing their use to protect yourself against any content or use of your information that is unacceptable to you.

 

8.   Limits to our liability and indemnity

We provide the TTGE website with reasonable care and skill and in a professional manner. 

Other than what is contained in these terms we make no representations and provide no guarantees to you. All other guarantees that may be implied by law or otherwise are excluded unless applicable law prevents their exclusion.

By using the TTGE website you agree that you have accepted that our liability to you is limited, and you will have no claim against us for any loss you may suffer arising from your using the TTGE website.

You indemnify (or promise to protect) us against any claim, made by you or a third party, related to your access to or use of the TTGE website and agree to pay any legal fees on the scale as between attorney and client should it be necessary for us to defend the claim. 

 

9.   Governing Law

These terms are governed by the law of the Republic of South Africa.

 

10. Disputes

10.1. If you are unhappy with the content displayed on the website or our operation of the website, please communicate your complaint to Informationofficer.paia@toyota.co.za.

10.2. If your complaint relates to the processing of your personal information, please communicate your complaint to TSAMs Information Officer at Informationofficer.popia@toyota.co.za.

10.3. We will take reasonable steps to resolve your complaint within a reasonable time.

10.4.   In the event that the complaint referred to in clauses 10.1 and 10.2 above results in a further dispute, or any dispute arises from this Policy and the dispute has not been settled within 30 business days, then the dispute must be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (or its successor‑in‑title) (“AFSA”). The Parties agree that the arbitration shall be held in Johannesburg.

10.5.   The Arbitrator must be selected by agreement between the Parties, or if the Parties fail to agree, the secretariat of AFSA shall select and appoint the arbitrator.

10.6.   The arbitrator shall be, if the matter in dispute is principally:

10.6.1.         a legal matter, a practicing advocate or attorney of at least 15 (fifteen) years’ standing;

10.6.2.         an accounting matter, a practicing-chartered accountant of at least 15 (fifteen) years’ standing; and

10.6.3.         any other matter, any suitably qualified independent person, agreed upon between the Parties to the dispute within 5 (five) Business Days after the arbitration has been demanded

10.7.   The Arbitrator's decision is final and binding on the Parties who must give effect to the decision immediately.

10.8.   The Arbitrator's costs are payable by the party determined by the Arbitrator or, in the absence of a determination, equally by the Parties.

10.9.     This clause 10 shall not preclude any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

10.10.   The Parties hereby consent to the jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, in respect of the proceedings referred to in clause 10.8 above.

 

11. Severability

If a competent court or authority deem any provision of these terms as unlawful or unenforceable, the other provisions will continue to have effect. If an unlawful or unenforceable provision would be lawful or enforceable, if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

12. Exclusion of Third-Party Rights

These terms are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use are not subject to the consent of any third party.

 

13. Entire Agreement

These terms, together with our “Privacy” and ”Cookies” constitute the entire agreement between you and TSAM in relation to your use of the TTGE website, and supersede all previous agreements in respect of your use of the TTGE website.

 

14. Conflict of interest

Any person who is a permanent or contracted employee of any of the following companies; Toyota South Africa Motors (Pty) Ltd (“Toyota”) and/or any other agent, promoter and/or other person connected with the Competition and/or a member of their family shall not be allowed to enter the Competition and shall be ineligible to win a prize.

Competition Rules – SUBMIT YOUR TIMES TO STAND A CHANCE TO WIN A COPY of WRC 10

General conditions of entry:

  1. Please read these Competition Rules (“Rules”), along with our General Terms and Privacy Policy (“Policies”), before entering the Toyota Gaming Engine Competition (“Competition/s”), as your entering and/or submitting in any competition, or use of any website or social media platforms hosting our competition (“Website”), will constitute your automatic acceptance of the Rules and Policies, and some terminology or obligations may be explained in one or more of these.
  2. TOYOTA SOUTH AFRICA MOTORS (PTY) LTD, Company registration number: 1961/001767/07 is the “Promoter” of this Competition, where all queries relating to the Competition can be relayed to it at [ccc@tsb.toyota.co.za].
  3. Failure to adhere to these Rules or the Terms in any way could result in disqualification from the Competition and for the Promoter to re-award prizes if deemed necessary.
  4. The Competition and the functioning of the facilitating website are governed by the laws of South Africa only, where should certain features of the same laws not be specifically stated herein, they are nevertheless applicable.

Participant eligibility:

  1. All entrants must be 18 years or older as of [15 October 2021]. If you are under the age of 18 (eighteen).
  2. This competition is only open to South African residents.
  3. Entry is only open to participants with a user profile on ttge.co.za.

Competition features:

  1. The promoter will prompt the TTGE WRC 9 season 2 tournament players (on the above mentioned social media platforms) to submit their race times for each of the remaining qualifier stages (stage 7 and Stage 8 of the tournament).
  2. Participants in the tournament then submit their times on the TTGE platforms as per the tournament submission rules found on ttge.co.za platform.
  3. The Promoter will then make a random draw to select the winners from the pool of participants who submitted as required. The random draws are verified by our regulated verification agent.
  4. At the end of the tournament, the promoter will do 3 random draws. One for each platform for participants taking part in the competition using PlayStation, Xbox and PC.

Cost:

  1. Participating or submitting times in the competition is free at all times.
  2. All costs for internet access to social media platforms or the TTGE website are for the participant’s cost.

Duration:

  1. This Competition will run from the 15th of October 2021 until 25 October 2021. Time submissions in the competition are done via www.ttge.co.za™.
  2. The Time submission closes 72 (Seventy-two) hours after starting. Should you attempt to act in the Competition after the closing time and date, your submission will not be eligible for selection in the random draw.
  3. The prize winner will be announced on The Toyota Gaming Engine social media platforms at the end of the TTGE WRC 9 Season 2 tournament.

Prizes:

  1. Randomly selected winners stand a chance to win a game copy of WRC 10.
  2. Only one participant will be selected as a winner for each platform (PS4, Xbox & PC).
  3. Prizes will be made available to all finalised winners after the 10 days the TTGE WRC 9 Season 2 tournament has ended. Prize winners will be contacted directly by email and/or telephone call or social media direct messag This communication might also include additional information to affect the prize winner’s receipt of a prize from the Promoter.
  4. All winner/s are required to verify their identity and age by providing the promoter with a copy of ID before receiving their prize.
  5. By entering this competition and providing us personal data related thereto, you expressly consent to our processing of your personal data in accordance with our privacy policy available here.

 

General Terms and Conditions:

  • Participation in the Competition is deemed to be acceptance of these T&C’s by the Participant.
  • Should there be a dispute, a Participant is entitled to make representations in writing to the Promoter during the Competition Period. The Promoter shall consider such representations and notify the Participant in writing as to the decision taken in respect of the dispute. The Promoter’s decision in this regard shall be final and binding. No reasons shall be required in respect of such decision and no further correspondence will be entered into.
  • The Promoter reserves the right, in its absolute discretion, to change the T&C’s without prior notice and at its discretion or extend, postpone or discontinue the Competition at any time.
  • The Promoter reserves the right to withdraw this Competition without notice in the event of force majeure. For the purposes of these T&C’s an event of force majeure shall include but not be limited to any event beyond the reasonable control of a party, such as war, earthquakes, disasters, calamities, strikes or similar circumstances (including the threat thereof).
  • The Promoter reserves the right at its sole discretion to cancel, terminate or suspend the promotion thereafter selecting the winner from all eligible entries received prior to the cancellation or suspension.
  • The Promoter may refuse to award a prize to any Participant if, in the Promoter’s sole opinion, that Participant has violated the T&C’s or has gained an unfair advantage in participating in the Competition.
  • The Prize is non-transferable.
  • The Prize cannot be redeemed for cash.
  • All Participants enter and participate in this Competition at their own risk. The Promoter will not be liable for any damage or injury whatsoever incurred by any Participant when participating in the Competition (including but not limited to any indirect or consequential loss).
  • All Prizes are received entirely at the Prize winner’s own risk.
  • Prize winners indemnify the Promoter against any liability for accident or loss of life, personal injury, property damage or other loss, cost or expense arising from any claim including third party claims in connection with the prize winner’s participation in the Competition.
  • The Promoter reserves the right and discretion to extend any time limit or waive any of the T&C’s where it transpires that a Participant might otherwise be disqualified.
  • These T&C’s are subject to all applicable venue and licensing laws and regulations.
  • These T&C’s will be made available on the Promoter’s website at http://www.toyota.co.za ; the Toyota Gaming Engine’s website at http://www.ttge.co.za during the Competition Period.
  • By reading and accepting these T&C’s, the Participant gives consent to these risks and hereby indemnifies and holds harmless the Promoter; their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, costs, injuries and loss is sustained as a result of the gross negligence or wilful misconduct of any of the indemnified parties.
  • Data protection and publicity – The Promoter is committed to protecting and respecting your privacy and will only use your personal information in accordance with these T&C’s. By entering, you agree that any personal information provided by you with your entry may be held and used by the Promoter and/or its agents to administer the competition. Photos and videos of the winners may be used for the Promoters marketing purposes.