I. DEFINITIONS AND INTRODUCTION
1.1. Contracting Parties
This Agreement is between Turfly Limited ("Turfly," "We," or "Us"), incorporated under the laws of the People's Republic of Bangladesh, and the individual using the Platform ("Player" or "You").
1.2. Acceptance and Agreement
You shall signify your irrevocable acceptance of these Player Terms of Use ("Terms") and the Privacy Policy by accessing or using the Platform. This acceptance shall constitute a legally binding contract.
1.3. Defined Terms
● Platform: The Turfly website, mobile applications, and payment processing services.
● Service Provider (Host): The independent venue owner or operator providing the Sports Service.
● Sports Service (Listing): The physical sports venue (e.g., turf, court, field) offered by the Host.
● Fees: The monetary amount paid by the Player for a Booking.
● Total Price: The final cost of the Booking, excluding VAT and AIT (see Section III).
● Booking: A successfully confirmed reservation for a Sports Service.
● Confirmation Window: The specific period (standard: ten (10) minutes) during which a Host may confirm or reject a non-Instant Booking.
● Instant Booking: A Listing where the Booking is confirmed immediately upon successful payment.
● Counterfoil System: The independent, third-party software used by the Host for booking synchronization.
II. CONTRACT FORMATION AND ELIGIBILITY
2.1. Eligibility and Capacity
You shall represent and warrant that you are at least thirteen (13) years old. If You are not of legal contracting age under the Contract Act, 1872 of Bangladesh, You shall ensure Your Platform access is supervised by a legal guardian, who shall assume full liability for Your compliance.
2.2. Turfly's Role
Turfly shall function exclusively as a marketplace facilitator and payment collection agent. Turfly shall not be a party to the contract for the provision or use of the Sports Service; that contract shall be formed directly between You and the Service Provider upon Final Booking confirmation.
2.3. Booking Formation
A Booking shall be confirmed upon Your payment of Fees via one of the following mechanisms:
- Instant Booking: Final Booking shall be confirmed immediately upon successful payment.
- Confirmation Window Booking: Final Booking shall be confirmed only if the Host manually confirms the Booking within the Confirmation Window or shall fail to reject the Booking within the Confirmation Window (automatic confirmation).
III. PRICING, TAXES, AND DYNAMIC RATES
3.1. Price, Fees, and Dynamics
The Player shall agree to pay the Total Price disclosed at checkout. This Total Price shall include the Service Provider’s base venue price and the Turfly Service Fee. You shall acknowledge that prices are subject to dynamic pricing factors and shall be finalized only upon payment. Turfly shall not be liable for changes in pricing between browsing and booking.
3.2. Exclusion of Taxes
The Total Price shall not include any applicable Value Added Tax (VAT) or Advance Income Tax (AIT). The Player shall be solely responsible for any such taxes legally levied on the final service transaction in accordance with the laws of Bangladesh.
IV. REFUNDS, CANCELLATIONS, AND ERRORS
4.1. No General Refunds
TURFLY SHALL NOT ISSUE REFUNDS EXCEPT FOR CIRCUMSTANCES EXPRESSLY STATED IN THIS SECTION IV.
4.2. Mandatory Refund Circumstances
You shall be entitled to a refund of the Fees paid only if:
- The Host manually rejects the Booking request (non-Instant Booking).
- The Host unilaterally cancels a Final Booking.
- A Final Booking cannot be honored due to a financial processing error caused directly and solely by Turfly.
4.3. Player-Initiated Cancellation
If the Player cancels a Final Booking, the refund amount shall be governed entirely by the Service Provider's published cancellation policy. Turfly shall limit its role to processing the refund amount mandated by the Host's policy.
4.4. Refund Processing
Turfly shall process all due refunds within seven (7) business days of confirmation, subject to payment processor timelines.
V. PLAYER OBLIGATIONS AND CONDUCT
5.1. Prohibited Conduct and Circumvention
You shall not engage in: (a) fraudulent bookings; (b) impersonation; (c) the use of automated tools (robots, spiders) to access the Platform; or (d) any attempt to pay or induce the Host to accept payment for a Booking outside of the Platform.
5.2. Responsibility for Illegal Activity
YOU SHALL BE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS (INCLUDING THE LAWS OF BANGLADESH) DURING YOUR USE OF THE SPORTS SERVICE. TURFLY SHALL NOT BE RESPONSIBLE, LIABLE, OR HELD ACCOUNTABLE FOR ANY CRIMINAL ACT, ILLEGAL ACTIVITY, OR BREACH OF PUBLIC ORDER COMMITTED BY YOU OR YOUR INVITEES AT THE SPORTS SERVICE FACILITY. You shall indemnify Turfly for any consequence arising from such illegal acts (see Section 6.5).
5.3. User Content
You shall grant Turfly a perpetual, worldwide, transferable license to use any content You submit. You shall ensure all content is accurate, non-defamatory, and complies with all applicable laws.
VI. WARRANTIES, LIABILITY, AND INDEMNIFICATION
6.1. Assumption of Risk and Injury Disclaimer
YOU SHALL ACKNOWLEDGE THAT SPORTS ACTIVITY CARRIES INHERENT RISKS OF PHYSICAL INJURY, DISABILITY, OR DEATH. YOU SHALL VOLUNTARILY ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SPORTS SERVICE.
TURFLY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY PHYSICAL INJURY, LOSS OF LIFE, OR ACCIDENT THAT MAY OCCUR TO THE PLAYER OR ANY OTHER PERSON WHILE PLAYING OR AVAILING SERVICES RESERVED THROUGH THE PLATFORM.
6.2. Warranty Disclaimer
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TURFLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS REQUIRED BY MANDATORY LAW.
6.3. Third-Party System Liability
You shall acknowledge that the Platform relies on the Counterfoil System and third-party networks. TURFLY EXPRESSLY DISCLAIMS ALL LIABILITY FOR UNAVAILABILITY, CANCELLATION, OR DOUBLE BOOKINGS CAUSED BY THE FAILURE, ERROR, OR DELAYED SYNCHRONIZATION OF THE COUNTERFOIL SYSTEM OR ANY OTHER THIRD-PARTY NETWORK.
6.4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TURFLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SPORTS SERVICE.
TURFLY’S AGGREGATE LIABILITY FOR ALL DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE PLAYER FOR THE SPECIFIC BOOKING GIVING RISE TO THE CLAIM.
6.5. Player Indemnification
You shall indemnify, defend, and hold harmless Turfly from any claim, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising out of Your breach of these Terms, Your misuse of the Platform, Your negligence, Your willful misconduct, or any illegal activity committed by You or Your invitees at the Sports Service facility.
VII. MISCELLANEOUS
7.1. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the People's Republic of Bangladesh. The competent courts located in Dhaka, Bangladesh shall have exclusive jurisdiction over disputes arising from these Terms.
7.2. Severability and Entire Agreement
If any provision of these Terms shall be found invalid or unenforceable, that provision shall be severed, and the remainder of the Terms shall remain in full force and effect. These Terms and the Privacy Policy shall constitute the entire agreement between You and Turfly.
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