Terms & Conditions
CONDITIONS OF USE
In the Terms and Conditions, "we" and "us" means BookMyTurf.com and "you" and "User(s)" means the person, firm or corporation who access and use the Site. Except to the extent that the subject matter or context may otherwise require in the Terms and Conditions, (i) expressions including the singular may indicate the plural and vice versa; (ii) expressions indicating any particular gender may indicate all other genders; (iii) expressions indicating bodies corporate may also indicate natural persons and vice versa; (iv) all references to Clauses are to the clauses of the CONDITIONS OF USE; and (v) the following expressions shall have their respective meanings set out as follows: "Acknowledgement" means our email acknowledgement of receipt of your Booking Order. "Agreement" means the agreement between BookMyTurf.com and you on use of the Site, our services provided and the Goods and Services purchased through the Site and which comprises of the Terms and Conditions, your Booking Order and the Booking Confirmation; "Associates" shall have the meaning set out in Clause 16.1; "Content" shall have the meaning set out in Clause 12.2; "Goods and Services" means the products and/or event booking slots that are sold through the Site and which comprise of the Retail Merchant's Goods and Services and BookMyTurf.com Branded Goods and Services; "Guest" shall have the meaning set out in Clause 1.1; "Invoice" means the invoice issued by us to you showing the price of the Goods and Services purchased which is your proof of purchase; "Member" shall have the meaning set out in Clause 1.2; "Price" means the purchase price of the Goods and Services listed for sale in the Site ; "Experience Provider" means any merchant that engages the services of BookMyTurf.com to place listing(s) for the sale of experiences on the Site; "Booking Confirmation" means the written confirmation from BookMyTurf.comconfirming that the Booking Order has been accepted and is being processed; "Booking Order" means the order for the Goods and Services that has been electronically placed on the Site; "Booking Order ID" means the Goods and Services confirmation number issued by us to you upon our acceptance of the Booking Order. "Site" means BookMyTurf online storefront at BookMyTurf.com "Terms and Conditions" shall have the meaning set out at the beginning of the CONDITIONS OF USE. "Territory" means India. "Third-Party Site(s)" shall have the meaning set out at Clause 13.
1. USER, USER DETAILS, ACCOUNT AND REGISTRATION
Only persons who are 18 years and above who are entitled to enter into legally binding contracts may access and use the Site as a User and submit the Booking Order or make any orders, purchases or any other form of request on the Site. As a User, you may access and use the Site as well as make orders or purchases as a Guest or Member. If as a User, you elect not to register an account with us when access or use the Site, you will be reflected as a guest on the Site ("Guest"). If however you have elected to register an account with us and be a Member (as described in Clause 2 below), you will enjoy certain specified benefits exclusively granted only to Members. The Site and our services are directed solely to Users who access the Site from the Territory. If you choose to access the Site or use our services from locations outside India, you do so at your own risk and shall be solely responsible for complying with applicable laws and all legal consequences arising therefrom.
1.2 User Details, Account and Registration
2.1 Booking Order
All Booking Orders submitted to BookMyTurf.comthrough the Site are subject to our acceptance. Upon confirmation of the Booking Order, we will issue a Booking Order ID and provide you with a Booking Confirmation. The Agreement between you and BookMyTurf.comin respect of the Goods and Services ordered will be deemed completed upon payment and delivery of the said Goods and Services. Until such time, we reserve the right to reject your Booking Order without providing any reason. BookMyTurf.comshall be entitled to cancel or terminate the obligations to fulfill any Booking Order, for any reason whatsoever, including shortage of stock of Goods and Services of the Experience Provider even after a Booking Order is confirmed by, and paid for by you, with or without notice and we shall not be liable for any loss and damage to any party for such termination or cancellation. In such event, we shall refund to you the Price of the Goods and Services purchased.
2.2. Payment Terms
Unless otherwise stated, all payments to be made through the Site shall be made using Net Banking, Wallet or Online payment and shall be made in accordance with such procedures as we may from time to time specify. You may also use our reward points or digital coupons (described below) during payment. Digital coupons will be issued with their own set of conditions stated therein and which are specific to each digital coupon. Please refer to the specific terms that come with the usage of digital coupons.
2.3. Payment Processing
Payments may be made via iBanking, CCAavenue and through the use of internationally accepted credit cards which include VISA, MASTERCARD, and AMERICAN EXPRESS. Gift cards / vouchers / reward points are not exchangeable for cash and unutilised amounts will not be refunded. And any other applicable terms and conditions stated on the gift cards and vouchers.
2.4. Digital Coupons
We may from time to time, offer discounts for purchases on the Site through the use of promotional discount codes found on digital coupons and which may apply in respect of certain specified purchases made through the Site. Only one promotional discount code found on a single digital coupon can be applied to a single order or online transaction. Once a promotional discount code is used when placing an order, the relevant digital coupon will automatically be redeemed against the total purchase amount for the relevant order. Digital coupons must be used prior to their expiration date indicated therein. Digital coupons cannot be replaced if lost, stolen, deleted, or if you should decide to cancel or return your purchase. In the event where the total purchase value is below the value of the digital coupon, the excess value of the digital coupon will not be refunded. Digital coupons will not be applicable with any other promotions that may be promoted in the Site, unless otherwise stated. If there is a conflict between the Terms and Conditions and that stated in the digital coupon, the terms and conditions stated in each digital coupon shall be final and conclusive.
2.5. Reward Points
Reward points can be earn through various activities that you participate at BookMyTUrf.com or through various achievement that you achieve. These points can be use to redeem certain goods and services that are allowable. All goods and services that can be redeem by reward points will have a reward point tag to them.
3. ERRORS ON OUR SITE
Prices and availability of Goods and Services provided are subject to change without notice. Users acknowledge and agree that the each Experience Providers solely responsible for the accuracy of their respective listing of their Goods and Services on the Site. Errors on the Site, which may include without limitation to errors in the Price and description of Goods and Services will be corrected when discovered, and BookMyTurf.comreserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Booking Order has been submitted and whether or not the Booking Order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your Booking Order is cancelled, BookMyTurf.comwill credit to your credit card account for the amount that was charged. Individual bank policies will dictate when this said amount is eventually credited to your bank account. Whilst BookMyTurf.comshall use its best endeavours to ensure the accuracy of such listings on the Site and to promptly correct any errors, inaccuracies or omissions, it shall not be liable for any loss or damage arising from the same. You acknowledge and agree that such errors may sometimes occur due to software default or otherwise and is not in any way intended to mislead or misrepresent to you in any way and as such, BookMyTurf.comshall not be liable to you for any loss or damage arising from such error.
4. CANCELLATIONS, EXCHANGES & RETURNS
you agree to be bound by the respective cancellation/refund, exchanges and return policies of BookMyTurf.combranded Goods and Services and the Experience Provider Goods and Services set out in this clause 4. Hence if you are not fully satisfied with your purchase, you may return it in accordance with the terms set out below.
For partial / Fullpayment-
|48 hours prior||10% + processing fee of the slot booked amount.|
|Between 48 - 24 hrs||20% cancelation fee + processing fee will be deducted rest will be credited to your wallet/Account number.|
|Less than 24 hours||Sorry boss no refund|
4.1 Purchases of BookMyTurf.comBranded Goods and Services
All Booking of BookMyTurf.combranded Goods and Services shall be subject to the cancellation/refund, exchanges and return policies as set below.
BookMyTurf.comreserves the right to cancel any booking transaction on the Site and refund to you, the Price of any BookMyTurf.comBranded Goods and Services purchased from the Site even after the relevant Booking Order is confirmed and payment has been received by us. The conditions of full refunds (including booking fee) are as such:
- Turf booked for an event.
- Duplicate Booking done due to system error.
- Booking not done but amount deducted.
All refunds will be made to your BookMyTurf.com wallet or A/C number whichever is convenient.
4.1.2 Withdrawal of Account Balance
BookMyTurf.comusers can at any point of time request to withdrawal the balance in his/her BookMyTurf.comAccount as cash. The refund will take one to three working days to process and it will be done via iBanking. User will have to submit the bank name, account name and account number to BookMyTurf.comvia a balance withdrawal request form. The balance will be transferred to the designated account.
5. REPRESENTATION, WARRANTY AND UNDERTAKING
You represent, warrant and undertake that: (a) You are of 18 years or above and legally entitled to enter into legally binding contracts or that you are accessing the Site with the approval and under the supervision of one of your parents or a legal guardian; (b) All information which you have provided to us for registration is true correct and accurate and that you will promptly inform us of any change by updating the details in your account; (c) You have obtained all necessary right, power and authority to enter into the Agreement and to perform the acts required of you under the Agreement; (d) You own or otherwise have the right to use, post, and disclose the content and that the use of such content will not infringe any of the rights of any third party, including without limitation to intellectual property rights pursuant to applicable laws (and hereby grant us the right to use, reproduce, display, perform, adapt, modify, distribute and have the content distributed); (e) You will not harass or cause distress or inconvenience to any person via the transmission of obscene or offensive content; (f) You will not disrupt the normal flow of any access to, or use of our services; (g) You agree to comply with all local rules regarding online conduct and acceptable content; and (h) You will comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Right to Download
The Site is created, operated and controlled by Concept Center. You are granted a non-exclusive, non-transferable and revocable licence to access the Site and use our services. You may only download Content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content of the Site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Concept Center. It is strictly prohibited to download the product images of the Goods and Services for sale within this Site. In the event of breach, we shall be entitled to suspend or terminate your account with us and bring necessary legal action against you to recover any loss or damage arising from such breach.
6.2 Proprietary Rights
All content found on the Site or used in the provision of our services, including without limitation to logos, design, drawings, trade names, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material of whatever nature and form (collectively "Content") is protected by copyright, trademark, patent, design, industrial property or other proprietary intellectual property rights, and these rights are validly owned by BookMyTurf.comor its licensors and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the Indian Laws and international copyright laws, and BookMyTurf.comowns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The BookMyTurf.comlogo, trade names and other trademarks on the Site are owned by, licensed to, or, where required, used with permission by BookMyTurf.comand its licensors may not be reproduced, copied, or manipulated in any manner without the express, written approval of the relevant trademark owner. By using the Site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to BookMyTurf.comor any other third party using the Site is non-confidential. By submitting any solicited or unsolicited information using the Site, you grant BookMyTurf.coman irrevocable, worldwide, unrestricted and perpetual license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law. Save as otherwise expressly provided herein, any rights not expressly granted to you herein remain reserved by us. Any unauthorized use of the Content or other materials in respect thereof is expressly prohibited and constitutes infringement of intellectual property rights. You acknowledge that upon occurrence of such infringement, as monetary damages may not be an adequate remedy, that you agree that we are entitled to apply to court for the appropriate permanent or temporary injunctive relief to stop such breach or further breaches. This is without prejudice to our right to recover damages arising from such breach or to avail us of any other remedy at law or in equity. For the purposes of the Terms and Conditions, a breach of intellectual property rights is a material breach of the Terms and Conditions entitling us to suspend or terminate your account.
7. LINKS TO THIRD-PARTY WEB SITES
The Site contains links to other sites operated by third-parties, including but not limited to third-party sites that display the BookMyTurf.comtrademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. We do not have control over such Third-Party Site and you access such Third-Party Site as your own risk. BookMyTurf.comdoes not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. BookMyTurf.commakes no representation or warranty as to any products or services offered on any Third-Party Site. BookMyTurf.comis therefore not liable for any loss or damage (direct or indirect) of any kind or nature arising out of or related to or incurred in reliance upon any such interactions, links, resources or content.
8. PROVIDERS OF EXPERIENCES
Gift Vouchers are sold by BookMyTurf.comas agent for businesses that provide lifestyle and recreational services to customers ('Experience Providers').
BookMyTurf.comis not a provider of such services or experiences and has no responsibility for any services or experiences provided or not
The experience providers provide services directly to customers.
BookMyTurf.commakes no warranty or representation regarding the standard of any service to be provided.
All BookMyTurf.comvouchers are issued subject to the terms and conditions of each experience provider and these BookMyTurf.comterms and conditions.
BookMyTurf.comdoes not control the business operations of any experience provider.
BookMyTurf.commakes no guarantees or warranties about the services that are provided to you by the experience providers.
9. BookMyTurf's liability
no liability for any act, omission or default, whether negligent or otherwise of any experience provider or third party.
no liability for any loss or damage occasioned by any negligent act or omission of any experience provider or third party.
Where Concept Center liability cannot be excluded, such liability is limited to the value of the Goods and Services purchased.
BookMyTurf.comis a coordination platform that brings people together to experience activities together. There will be no liability for any incidents that occur during the execution of the activities. For example, any accidents, conflicts, fights, injuries, loss of personal belongings that occur during the activities.
10. Availability of Experiences
All experiences are offered by experience providers subject to availability. Events are encouraged to be created at least 2 weeks in advance. If you would like to experience the service from the experience providers during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalised until you have received the confirmation email from BookMyTurf.com.
11. Contact Details Given to CCavenue and Experience Providers
It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the experience booking process on a BookMyTurf.com. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience. As the experience provider will be expecting you, you may end up forfeiting your purchase (subject to the experience provider's terms and conditions). Whenever your event is confirmed and the goods and services provided by the experience providers is / are booked, you agree to give us the rights to share your contact and personal details (such as full name, email address, mobile phone number, home address) with the experience providers.
12. The Weather
Some of the experiences are weather dependent. In terms of bad weather due to unplayable condition, then it will be the responsibility of Turf owner to inform customer and BookMyTurf.
13. Complaints or Problems During Your Experience
If you have a problem or a complaint on the day of your experience, please bring this to the experience provider's attention immediately so that issues may be addressed on the spot, where possible. You could also feedback to us, so that we can try to prevent such problems in the future, if possible.
14.1 Confidentiality of Account and password
If you use the Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. The Site may only be used for lawful purposes. If your User name and/or password have been compromised, you are to immediately change your password and notify us of any unauthorized access. You also agree to immediately notify us of any of any attempted or actual unauthorized access or use of our services by third parties and/or any other breaches of security. You acknowledge and agree that we will not be in any way, liable, directly or indirectly, for any loss or damages arising from such unauthorized use or any acts or omissions on your part in maintaining the confidentiality of your account and password.
14.2 Technical Processing and Transmission of Electronic Communications
You acknowledge that the technical processing and transmission of electronic communications is necessary for your use of our services. You consent to our interception and storage of electronic communications and/or your data and acknowledge that your electronic communications will involve transmission over the Internet, and over various networks, some of which may not be owned and/or operated by us. In the context of Concept Center, electronic payment transmission refers to transactions done via PayPal, credit card or ibanking. You further acknowledge that changes to your electronic communications may occur so as to conform and adapt such data to the technical requirements of connecting networks and devices. You also acknowledge that such electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. As such, we are not liable for any electronic communication and/or data which are lost, altered, intercepted or stored without authorization during such transmission whatsoever across networks not owned and/or operated by us.
14.3 Prohibited Activities
You are prohibited from violating or attempting to violate the security of Concept Center, including, without limitation to carrying out any of the following prohibited activities as they infringe upon the intellectual property rights or other rights of third parties, are defamatory, illegal or may otherwise harm our goodwill, and reputation: (a) accessing data not intended for such User or logging onto a server or an account which the User is not authorised to access or accessing illegally or without authorization, the computers or networks belonging to another party, or attempting to hack into another individual's account or any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity); or (b) using the Site for unintended purposes or trying to change the behaviour of the Site; (c) attempting to probe scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any User, host or network, including without limitation via means of submitting a virus, worms, Trojan horses to the Site, overloading, "pinging", "flooding," "spamming," "mail bombing", "denial or service attacks" or "crashing;" or activities that disrupt the use of or interfere with the ability of third parties to effectively use the network or any connected network, system, service, or equipment; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating Concept Center) or to the Site (impersonating as a legitimate User) or forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message; or (g) sending unsolicited bulk and/or unauthorized commercial messages or e-mail on behalf of Concept Center, including promotions and/or advertising of products or services, is expressly prohibited; or (h) engaging in any activity that infringes upon or misappropriates the copyright, trade marks, patents, design or any intellectual property rights of third parties whatsoever; or (i) engaging in activity that infringes upon the privacy or other personal rights of third parties; or (j) using the Site to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material; or (k) using the Site to transmit or post defamatory, harassing, abusive, or threatening language or promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals; or (l) advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software; or (n) exporting encryption software over the Internet or otherwise; or (m) engaging in activities that are illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software or; promoting or providing instructional information about illegal activities; or (n) offering for sale any item, goods or services that breaches any applicable laws or regulations; or (o) any attempts to decompile, reverse engineer, disassemble, modify or hack the Site or its application; or (p) using the Site as a forwarding service to another website thereby promoting the Site with inappropriate links, titles or descriptions; or (q) engaging in activities, whether lawful or unlawful, that we determine to be harmful to our Users, operations, reputation, goodwill, or customer relations. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents or interfaces provided by BookMyTurf.comor generally publicly available browsers.
14.4 Fraud Protection and Compliance with Law
We may disclose information, including personally identifiable information, with other companies and organisations for credit fraud protection and risk reduction in accordance with applicable laws. We may also disclose any information, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. In cases of fraud, the proper authorities will be informed and legal action will be taken.
14.5 Data Security
16. DISCLAIMERS AND EXCLUSIONS
16.1 Exclusion of warranties
To the extent permitted by applicable laws, the Terms and Conditions set out the full extent of our obligations and liabilities in respect of provision of the Goods and Services and performance of our services in relation thereto and there are no other warranties, conditions or terms that are binding on us, our affiliates, subsidiaries, licensors, Retail Merchants, third party content providers, designers, contractors, distributors or each of the respective officers, directors, agents, employees of the aforesaid parties (collectively, "Associates") except as expressly stated herein. Any warranty, condition or term concerning any defect in our services and the Goods and Services which might otherwise be implied or incorporated in the Terms and Conditions by statute, common law or otherwise is hereby expressly excluded to the maximum extent permitted by applicable laws; in particular (but without limitation of the foregoing), we grant no warranties (other than as provided set out above) regarding the fitness for purpose, performance, use, quality or merchantability, title, non-infringement, whether express or implied, by statute at common law or otherwise howsoever in respect of the Goods and Services. By using the Site, you expressly agree that use of the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. Neither BookMyTurf.comnor its Associates warrant that use of the Site will meet your requirements or will be timely, secure or operate in an uninterrupted fashion or be error-free. Neither BookMyTurf.comnor its Associates warrant the accuracy, reliability, integrity, usefulness or completeness of the Content provided on the BookMyTurf.comor the Goods and Services offered for sale on the BookMyTurf.comand that all errors will be corrected. Further, BookMyTurf.commakes no representation that Content provided on the BookMyTurf.comis applicable to, or appropriate for use in, locations outside of the Indian Laws. BookMyTurf.comand its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by BookMyTurf.comor its Associates shall create a warranty. Any information and materials obtained via our services shall be solely at your risk and you will be solely responsible for any damage to your computer, systems or otherwise or loss of data that results from anything obtained via the services. You also understand if you downgrade features relating to your account, you may lose portions of your content and agree that we will have no liability to you of any kind or nature arising out of or related to loss of your content.
16.2 Exclusion and Limitation of Liability
To the maximum extent permitted by applicable laws, BookMyTurf.comand its Associates shall not be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential loss and damages whatsoever and howsoever caused arising from this Agreement or that result from your access, use of or inability to use the Site, its Content and services, any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus or otherwise including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance or for any loss of data, profit, revenue, income or business, whatsoever and howsoever caused whether arising out of any negligence (with the exception of death or personal injury directly resulting from our own negligence) or breach of these terms and conditions even if such loss and damage was foreseeable by or the possibility was brought to the attention of CONCEPT CENTER. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of BookMyTurf.comhas been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this exclusion of liability shall apply to all content, merchandise and services available through the Site. To the maximum extent permitted by applicable laws, in the event that we are liable for any loss, damage or claim to you or any third party caused by our act, omission, default or neglect, our liability shall not exceed 100% of the Price for the affected sale transaction for which loss, damage and claim are raised thereunder. Such limitation does not however apply to the case of death or personal injury directly resulting from our own negligence.
17. 'Challenge a Team' and 'Find a Player'
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. For 'Money in the Bank' feature, it will be our responsibility to safeguard the amount deposited with us and will be handed out to the Winners decided by the Referee. Referee has the prerogative in all aspect of the decision making during and after the game. His decision will be the final call. Referee will decide the Rules, which will be elucidated to the Teams before the match. In case the match is abandoned or there is no clear winner because of any reasons which will be judged by the referees, the price amount will be distributed equally to the teams but the Turf fee, referee fee and the BookMyTurf charges will be deducted. The Host ("User") of the game will warrant that the Game rules are decided prior to the game and he will be responsible for settling any dispute, if may occur during or after the game, in an amicable way. Bookmyturf will not be responsible for any dipute or misconduct by any players on the field. In case of 'No Show' by any team, no money will be refunded to the particular 'No Show' Team. If other teams are present then only the Price money will be distributed amongst those teams. As a condition of the use of the Website, the Registered members warrants that they will not use the User information provided for 'Find a player' feature for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied.
18. ENTIRE AGREEMENT
The Terms and Conditions together with your Booking Order and the Booking Confirmation constitute the entire agreement between us and you in relation to your purchase of the Goods and Services and supersede any and all statements or other agreements (oral or written) between you and us.
19. TERMINATION OF USE
You may also cancel your use of our services at any time following the instructions located at My Account page found on the Site. Termination will be immediate and result in irreversible deletion of all account data. BookMyTurf.commay, in its sole discretion, suspend, block access, delete the content, suspend or terminate your right to use our services or terminate your account or your use of the Site anytime without notice and for any reason including without limitation to the following instances: (a) When your supplied information is proven or suspected to be untrue, inaccurate, falsified or incomplete; or (b) You infringe or BookMyTurf.comsuspects that you are infringing upon our intellectual property rights; or (c) You infringe or BookMyTurf.comsuspects that you are infringing upon the intellectual property rights or other rights of third parties or; or (d) You breach your confidentiality obligations in respect of your password; or (e) pursuant to requests or directives by law enforcement, government, statutory or regulatory body or authority or for complying with applicable laws pursuant to a court order or directive of any government, statutory or regulatory body or authority; or (f) Due to security and technical issues or problems; or (g) When there is non-payment of the Price for Goods and Services purchased by you; or (h) When you are engaged in or BookMyTurf.comsuspects that you are engaged in any illegal activity or one of the prohibited activities described herein; or (i) If you tamper with the Site, misrepresent the identity of a User, use buying agents to resell or conduct fraudulent activities on the Site; or (j) Due to discontinuation of service offerings in respect of the Goods and Services; or (k) Due to extended periods of your account inactivity; or (l) Your breach of any other material term of the Terms and Conditions. In the event of suspension or termination of your account, we shall not be held liable for any loss or damage which you may suffer as a result of such suspension or termination, including without limitation to loss of data, loss of use of our services or for deletion or loss of the content. Upon termination, we shall have no obligation to grant you access to or use of our services. Termination of your account for whatever reason shall however not prejudice or impair any antecedent right or obligation of parties that accrued prior to termination. You are personally liable for any orders that you place or charges that you incur prior to termination. BookMyTurf.comreserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
You shall not assign nor transfer your obligations under this Agreement without the prior written consent of Concept Center. BookMyTurf.comis however free to assign or transfer this Agreement to any third party. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of parties.
21. FORCE MAJEURE
Neither party will be liable for any delay or failure to perform its obligations pursuant to this Agreement as a result of any cause beyond its reasonable control; including but not limited to acts of God, unusually severe weather, destruction by fire or flood, power failure, interruption or failure of electricity and power, malfunction or damage to computer systems, acts of governments, acts of terrorism, hostilities between nations, war, strikes, boycotts, lockouts, industrial and labour dispute, infectious diseases, epidemics as well as travel restrictions due to such events provided that such performance shall be excused only to the extent of and during such disability. If such delay or failure continues for at least ninety (90) days, either party will be entitled to terminate this Agreement by notice in writing.
Unless otherwise expressly stated in the Terms and Conditions, notices under the Terms and Conditions shall be in writing and may be delivered by hand, or by ordinary or registered mail or by facsimile or by electronic mail to the addresses last made known by one party to the other party. Notice will be deemed given: (a) in the case of hand delivery or registered mail, upon written acknowledgement of receipt by an officer or other duly authorized employee, agent or representative of the receiving party; (b) in the case of ordinary mail, forty-eight (48) hours after posting; (c) in the case of facsimile, at the time stated in the printout of the facsimile transmission report; and (d) in the case of electronic mail, at the time when the mail was sent and stored in the information system of the sender.
Any waiver of any right or consent given under this Agreement is only effective if it is in writing and signed by the waiving or consenting party. It shall apply only in the circumstances for which it is given and shall not prevent the party giving it from subsequently relying on the relevant provision. No delay or failure to exercise any right under this Agreement shall operate as a waiver of that right. No single or partial exercise of any right under this Agreement shall prevent any further exercise of that right (or any other right under this Agreement).
No remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties shall not constitute a waiver by such party of the right to pursue any other available remedies.
Provisions of this Agreement which either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination shall remain in full force and effect notwithstanding such termination.
26. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the Indian Laws without giving effect to any principles or conflicts of laws. Both parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Indian courts.