Terms & Condition

As updated on December [.],2024.

You have accessed our app (App) and/orour Website [.] (Website).

The domain name [.] isowned by Courtly Technologies Private Limited (“Courtly”, “Us”, “We”,“Our” or “Company”), a private company incorporated under the(Indian) Companies Act, 2013 bearing CIN U62099DL2023PTC423075 andhaving its registered office at K-37 Ground Floor, Green Park, Delhi,India, 110016. TheWebsite and/or App are internet based portals owned and operated by Company.

These Terms of Use govern therelationship between Courtly and the users who visit, register, or access ourServices through the Website and/or App ("You", "Your", or"Users"). The term "User" includes all individualsaccessing the Website, including but not limited to those browsing, seekingservices, coaches, academies, service providers, merchants, or anyoneinteracting with or contributing to the use of the Website and/or App.

Please review these Terms of Usecarefully before using, registering, or accessing any information or Serviceson the Website and/or App. By using the Website and/or App, or any servicesprovided therein, you accept and agree to be legally bound by these Terms ofUse, as well as any updates or amendments made by Courtly, which will be postedon the Website and/or App. In the event of a conflict between these Terms ofUse and any other document, these Terms of Use will take precedence. If you donot agree with any part of these Terms of Use, We recommend that Youdiscontinue access to the Website and/or App and refrain from using anyServices.

These Terms of Use are publishedin compliance with Rule 3(1) of the Information Technology (IntermediariesGuidelines) Rules, 2011, which mandates the publication of a privacy policy andterms of use for Website and/or App access. This document constitutes anelectronic record as defined under the Information Technology Act, 2000, anddoes not require a physical or digital signature.

CHANGE TO TERMS

We may update and revise theseTerms of Use at our discretion. Any changes will be effective immediately uponposting and will apply to all subsequent access to and use of the Website.However, changes to the dispute resolution provisions under Governing Law andJurisdiction will not apply to disputes for which the parties have actualnotice on or before the date the change is posted.

By continuing to use the Websiteafter revised Terms of Use are posted, You accept and agree to the updates. Werecommend checking this page regularly to stay informed of any changes, as theyare binding upon You.

ELIGIBILITY TO USE

The Website/App are accessibleonly to individuals who can form legally binding contracts under the IndianContract Act, 1872. Individuals who are "incompetent to contract,"including minors, persons of unsound mind, and undischarged insolvents, are noteligible to use the Website. Minors under the age of 18 are prohibited fromregistering or transacting on the Website. If a minor wishes to use theWebsite, such actions must be undertaken by their legal guardian or parent. Courtlyreserves the right to terminate the membership or deny access to the Website ifit is determined that a user is under 18 years of age. All users wishing touse, register, or make purchases on the Website or in Stores must provide thefollowing information: a) Name, b) Mobile Number or Email ID, and c) Pin Code(mandatory for the Website, optional for Stores).

SERVICES

The Website and/or App serves asan online platform that enables registered Users to access coaches, academies,and expert knowledge related to various sports and associated facilities.Through the Website and/or App, Users can book services, register for coachingsessions, or reserve facilities (collectively, “Services”) provided by ServiceProviders, including coaches, academies, and turfs, based on the User'srequirements and availability. For any queries related to our Services, pleasefeel free to contact us at [.] and we will assist you.

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PRICING AND REFUND

The prices for Services arequoted in Indian Rupees and include applicable service taxes, which aredisclosed in advance based on the service's effort, efficiency, and output.Users can book and/or register for a Service with a specific Service Provideronly upon making an advance payment through the payment methods available onthe Website and/or App.

Once a Final Confirmation is received, noadditional charges will be required, unless the nature of the transactionnecessitates it. However, if there is a Revised Booking, Users may be requiredto pay any difference between the original and revised booking fees. If Usersdecline the proposed alternate options or if the original booking fees exceedthe revised fees, a full refund or differential refund will be processed within7 working days from the cancellation or revision decision.

Byproviding a credit card or other accepted payment method, Users confirm theyare authorized to use the designated payment method and authorize us (or ourthird-party payment processor) to charge the full amount for the Services asper the final confirmation, including any applicable taxes and charges. If thepayment method is invalid or unverified, the service request may be suspendedor cancelled until the issue is resolved. Users can update their paymentinformation at any time by logging into their account.[LF1] 

Users acknowledge that thebilled amount may vary due to promotional offers, changes in sessionpreferences, or applicable taxes, and authorize us to charge the updated amountaccordingly. Prices may change at any time without prior notice. Servicesbooked and paid for are subject to availability, and we reserve the right tocancel or modify services without prior notice.

It is clarified that provisionalconfirmations cannot be cancelled for a refund, except in the following cases:(a) Courtly is unable to confirm the requested services; or (b) the Userrefuses any alternate services offered. Outside of these conditions, refunds orcredits are issued at our sole discretion.

INTERRUPTION OF SERVICES

Subject to Your compliance withthese Terms of Use, Courtly grants you a personal, non-transferable,non-exclusive, and limited license to use the Website and/or App. The Useracknowledges that while the internet is generally secure, interruptions inservice or unforeseen events beyond Courtly's control may occur, and Courtly isnot responsible for any data loss during transmission. Although the Companyaims to make the Website and/or App available 24/7, access may be temporarilyunavailable due to factors such as routine maintenance. You understand thataccess to the Website and/or App may be interrupted, suspended, or terminatedat any time for reasons within or outside of Courtly's control. Courtlyreserves the right to modify or discontinue any feature or aspect of the Websiteand/or App, including content, availability, and equipment requirements,without prior notice. Additionally, Courtly may stop providing certaininformation or change transmission methods, speeds, or other technicalcharacteristics. Courtly reserves the right to refuse access, terminateaccounts, and remove or modify content at its discretion.

We also reserve the right tolimit the availability of our Services to specific individuals, geographicareas, or jurisdictions on a case-by-case basis. Descriptions of Services andpricing are subject to change without notice, at our sole discretion. We maydiscontinue any Service at any time. Any provisional or final confirmation forServices made on this site is void if prohibited by applicable law.

USER ACCOUNT

If you use the website, you areresponsible for maintaining the confidentiality of your account and passwordand for restricting access to your computer to prevent unauthorised access toyour account. You agree to accept responsibility for all activities that occurunder your account or password. You should take all necessary steps to ensurethat the password is kept confidential and secure and should inform usimmediately if you have any reason to believe that your password has becomeknown to anyone else, or if the password is being, or is likely to be, used inan unauthorised manner. Please ensure that the details you provide us with arecorrect and complete and inform us immediately of any changes to theinformation that you provided when registering. You can access and update muchof the information you provided us with in the Your Account area of thewebsite.  Courtly reserves the right torefuse access to the website, terminate accounts, remove or edit content at anytime without notice to you.

TERMINATION/SUSPENSION OFACCOUNT

Courtly may also terminate this Termsof Use immediately, without notice, if you materially breach your obligationsunder these Terms of Use, violate applicable laws, regulations, or third-partyrights, or if Courtly believes in good faith that termination is necessary toprotect the safety or property of Courtly, its coaches, or third parties, suchas in cases of fraudulent behavior. Additionally, Courtly may take actions suchas removing, delaying, or refusing to display listings, canceling bookings,limiting access to the Courtly platform, revoking special status, ortemporarily or permanently suspending your Account, especially if you fail tomeet eligibility criteria, provide inaccurate or fraudulent information, orrepeatedly receive poor ratings or cancel bookings without valid reasons. Inthe case of non-material breaches, you will be given an opportunity to resolvethe issue to Courtly's satisfaction. Upon termination of this, you are notentitled to restore your Courtly Account. If your access is restricted, yourAccount is suspended, or the Terms of Use is terminated, you may not register anew Account.

USER OBLIGATIONS

The Website/App may featureinteractive services such as message boards, chat rooms, forums, personal webpages, and social media profiles that allow users to post content, includingbut not limited to photographs, videos, comments, and social media handles(collectively, "User Contributions"). To use these features, you mayneed to create an account. You agree to keep your User Contributions andaccount information accurate and updated. Courtly does not pre-screen contentposted by Users and merely serves as a platform for discussions. Courtly doesnot guarantee the accuracy or truthfulness of any information posted. All UserContributions must comply with these Terms of Use.

By posting User Contributions,you confirm that You own or control all rights to the content and have theright to grant Courtly and its affiliates the necessary licenses to use,modify, reproduce, distribute, and display such content. You agree not to postcontent that is false, misleading, harmful, defamatory, offensive, or inviolation of any laws. You must not impersonate others or solicit personalinformation from other users.

Any User Contributions you postwill be considered non-confidential and non-proprietary. By posting content,you grant Courtly and its affiliates a perpetual, non-exclusive, irrevocable,worldwide license to use, adapt, modify, and distribute your contributions inany medium, including for marketing and promotional purposes. Courtly may alsocreate derivative works from your content without obligation to you.

You represent that you own therights to your User Contributions and have the necessary permissions from anyindividuals featured in your content. You also confirm that your contributionsdo not infringe on third-party rights. You agree to release Courtly and itsaffiliates from any liability related to the use of your content.

You are solely responsible foryour User Contributions, including their legality and appropriateness. Courtly doesnot review all content before it is posted and is not liable for anyobjectionable material. Courtly is not responsible for any errors, omissions,or consequences of posting content.

You acknowledge and agree thatby accessing or using the Website and/or App or Services, You may be exposed tocontent from other Users that You may consider offensive, indecent or otherwiseobjectionable. Courtly disclaims all liabilities arising in relation to suchoffensive content on the Website and/or App. Further, You may report suchoffensive content in the manner prescribed under herein. Courtly shall, in itssole discretion, reserve the right to remove any content uploaded by any Userwhatsoever reasons. It is hereby clarified that the liability of the materialof the any content posted by the User and views expressed therein shall at alltimes be that of the User contributing such content and Courtly expresslydisclaims all liabilities associated thereto and the User shall be responsiblefor infringement of any third-party rights.

 You agree that Courtly may,at any time, alter, modify, suspend or discontinue all or part of the Websiteand/or App, charge, charge fees for use of the Website and/or App, or offeropportunities to some or all Website and/or App Users and for any reason,without notice or cost.

CONTENT OWNERSHIP

The Website and all itscontents, including but not limited to information, software, text, images,video, audio, and their design, selection, and arrangement, are owned by theCompany, its licensors, or other content providers, and are protected by Indianand international copyright, trademark, patent, trade secret, and otherintellectual property laws.

These Terms of Use allow you toaccess and use the Website solely for personal, non-commercial purposes. Youare prohibited from reproducing, distributing, modifying, creating derivativeworks, publicly displaying, performing, downloading, storing, or transmittingany material from the Website, except as follows:

• Your device may temporarily store copies of  materials in RAM while accessing and viewing them.
• Your browser may cache files for display  enhancement.
• You may print or download a reasonable number of pages for personal, non-commercial use, provided they are not reproduced, published, or distributed.
• If we offer applications for download, you  may download a single copy for personal, non-commercial use, subject to the applicable end user license agreement.
• You may use content provided with your  username, subject to the limitations of the Privacy Policy.

You must not:

• Modify any materials from the Website.
• Use any graphics, photos, video, or audio  separately from the accompanying text.
• Remove or alter any copyright, trademark, or proprietary notices.
• Use the Website or its materials for commercial purposes.

For any other use of theWebsite’s materials, please contact us at [.].

If you violate these Terms ofUse by printing, copying, modifying, downloading, or providing unauthorizedaccess to any part of the Website, your right to use the Website will terminateimmediately. You must return or destroy any copies of materials you have made,as directed by us. No ownership or rights in the Website or its content aretransferred to you, and all rights not expressly granted are reserved by theCompany. Unauthorized use of the Website may violate copyright, trademark, andother laws.

Intellectual Property or IPR forthe purpose of the Terms of Use, shall mean all copyrights (including withoutlimitation the exclusive right to reproduce, distribute copies of, display andperform the copyrighted work and to prepare derivative works), copyrightregistrations and applications, trademark rights (including, withoutlimitation, registrations and applications), patent rights (whether registeredor unregistered), trade names or business names, registered and unregistereddesign rights, mask-work rights, trade secrets, moral rights, author's rights,rights in packaging, goodwill and other intellectual property rights, and allrenewals and extension thereof and all rights or forms of protection of asimilar nature or having an equivalent or similar effect to any of the above,which may subsist anywhere in the world, regardless of whether any of suchrights arise under the laws of India or any other state, country orjurisdiction. 

THIRD PARTY CONTENT

The Website and/or App may containlinks to other Website and/or App (Linked Sites). We may allow you toaccess our online services using an account from third-party platforms andother social networks, instead of creating a separate account. We have nocontrol over, and make no representations or warranties regarding thesethird-party services. We are not responsible for their availability and do notendorse or assume liability for any content or materials from these Services.Your use of third-party services may be subject to additional terms, includingsoftware license agreements, set by those third parties.

PRIVACY POLICY

We prioritize the protection ofyour privacy and consider your personal information one of our most valuableassets. We store and process your data, including any sensitive financialinformation as defined under the Information Technology Act, 2000, on securecomputers and/or mobile devices, safeguarded by appropriate physical andtechnological security measures in compliance with the Information TechnologyAct, 2000, and its associated rules. For more details on how we collect, use,and share your information, please review our Privacy Policy.

INDEMNIFICATION

The Users agree to indemnify andhold harmless Courtly, its owners, licensees, affiliates, subsidiaries, groupcompanies, and their respective officers, directors, agents, and employees,from any claims, demands, or actions, including reasonable attorney's fees,arising from the User’s breach of these Terms and Conditions, Privacy Policy,or any other applicable policies, or from any violation of laws, regulations,or third-party rights (including intellectual property rights). Courtly shallnot be liable for any injury, damage, or loss of personal items occurring atits store premises, playgrounds, or parking areas.

WARRANTIES

Except as required by law,Courtly does not have any special relationship or fiduciary duty to you. Youacknowledge that Courtly has no control over, and no responsibility to actregarding: who gains access to the Service; the Content you access via theService; the effects of such Content on you; your interpretation or use of theContent; or the actions you take based on the Content. Courtly may provide youwith Content, such as information, reports, or actionable insights, for yourreference only. However, Courtly does not guarantee the accuracy,effectiveness, or outcome of using such Content and makes no warranty that itwill meet your expectations.

You release Courtly from anyliability related to acquiring or not acquiring Content through the Service.The Service may contain or link to websites with information that some may findoffensive or inappropriate. Courtly does not represent or warrant the accuracy,legality, or appropriateness of any Content accessed through the Service andwill not be liable for any third-party claims or damages.

You also release Courtly fromliability regarding your interactions with other Users. We do not screen,verify, or inquire into the backgrounds of Users. We make no representationsabout the conduct of users or the truthfulness of the information they provide.In no event shall Courtly be liable for any damages arising from the conduct ofyou or others in connection with the Services, including emotional distress orphysical injury. You agree to take reasonable precautions when interacting withothers through the Services, particularly when meeting individuals in person.For example, never share your financial information with others you meetthrough the Services.

The Site, Service, and Contentare provided "as is" and "as available," without anywarranties, express or implied, including, but not limited to, warranties oftitle, noninfringement, merchantability, or fitness for a particular purpose. Courtlydisclaims all warranties, except as required by law.

Courtly and its team, directors,employees, agents, suppliers, partners, and content providers do not guaranteethat: (a) the Service will be secure or available at all times or locations;(b) any defects or errors will be corrected; (c) any Content or software isfree of viruses or harmful components; or (d) the results of using the Servicewill meet your requirements. Your use of the Website, Service, and Content isentirely at your own risk. Some jurisdictions may not allow limitations onimplied warranties, so these limitations may not apply to you.

DISCLAIMER

Courtly strives to ensure thatall information on the Website and/or App is accurate, but does not guaranteethe completeness, accuracy, or quality of any content, data, services, ormaterials available. The information provided on the Website and/or App is forgeneral purposes only and should not be solely relied upon when making decisions.You should consult primary, more accurate, or up-to-date sources ofinformation. Any reliance on the content of the Website and/or App is at yourown risk. Courtly shall not be liable for any direct, indirect, incidental,special, punitive, or consequential damages arising from (a) the use orinability to use the Services, (b) unauthorized access or alterations to yourdata, or (c) any other issue related to the Services. Courtly is also notresponsible for delays or failures in service, or for any loss of data orprofits arising from the use of the Website and/or App. Additionally, Courtlyis not liable for unavailability of the Website and/or App due to maintenanceor technical issues beyond its control. As the internet is not a secureenvironment, we cannot guarantee that the Website and/or App or its servers arefree from viruses or harmful applications. The Website and/or App may alsoinclude historical information that is not current and is provided forreference only. Courtly reserves the right to modify or update the Websiteand/or App at any time, but is under no obligation to do so. You areresponsible for monitoring any changes made to the Website and/or App.

LIMITATION OF LIABILITY

To the fullest extent permittedby law, Courtly, along with its directors, employees, agents, representatives,partners, suppliers, and content providers, will not be held liable for anyloss resulting from your use of the Site, Service, Content, or UserSubmissions. In the event that a court of competent jurisdiction determines Courtly'sliability, the total liability will be limited to a maximum of one thousandrupees (Rs. 1000) or the amount of fees paid to Courtly, whichever is less.

To the maximum extent permittedby law, Courtly and its affiliates will not be liable under any legal theory(including contract, tort, strict liability, or negligence), whether or not Courtlyhad prior knowledge of the circumstances leading to such loss or damage, for:

• Indirect or consequential losses or damages
• Loss of actual or anticipated profits
• Loss of revenue, goodwill, or data
• Loss of anticipated savings
• Wasted expenditure
• Cost of procurement of substitute goods or services

Nothing in these Terms of Useshall limit or exclude your liability for any indemnity provided by you. Injurisdictions where the limitation or exclusion of liability for incidental orconsequential damages is not allowed, Courtly's liability will be limited tothe fullest extent permitted by applicable law.

COMPLIANCE WITH LAWS

You are solely responsible forensuring compliance with all applicable laws, regulations, rules, ordinances,and directives of any governmental or statutory authority, both within andoutside of India, in relation to use of the Website and/or App; the Servicesprovided through the Website and/or App; and the posting or uploading ofcontent to the Website and/or App.

EMAILS, NEWSLETTERS ANDNOTIFICATIONS

By registering with us, You areagreeing to subscribe to Our newsletter(s) or receive notifications or e-mailsfrom us. We will use Your name and e-mail address provided by You in thisregard. However, You may choose to stop receiving Our newsletters by followingthe instructions to unsubscribe as mentioned in our e-mails addressed to You orYou can contact us at [.]. 

REPORT ABUSE

Users are responsible for allcontent they submit for upload to the Website and/or App. While Courtlyreserves the right to review content, it does not verify or endorse any contentsubmitted. Users may be legally accountable for content that violates laws orinfringes on rights such as defamation or intellectual property. If youencounter any abuse or violations of these Terms of Use, please report it to usat [ ]. We will process infringement claims and may remove the reportedcontent. Users who disagree with the removal of their content may contact usfor further clarification.

NOTICES

Any notices required under theseTerms of Use will be considered effective when delivered by email, fax,registered mail, or courier to the contact details You have provided. Noticessent via email or fax are deemed effective upon transmission. You consent toreceiving notices, updates, and promotional materials from Courtly via thesemethods.

CONTACT US

Please contact us for anyquestions or comments (including all inquiries unrelated to copyrightinfringement) regarding this Website and/or App. We provide telephonic andemail support as a part of our customer support during all working days i.e. from Monday to Saturday, at any time during [ ]  a.m. to [ ] p.m.[LF2] 

GRIEVANCE OFFICER

In accordance with InformationTechnology Act 2000 and rules made there under, the contact details of theGrievance Officer at [.].

DISPUTES AND GOVERNING LAW

These Terms of Use shall begoverned by and interpreted in accordance with the laws of India. Any disputesor issues arising out of these Terms of Use or the use of the Services shall besubject to the exclusive jurisdiction of the courts in New Delhi.

In the event of anydisagreements, disputes, or conflicts related to these Terms of Use, they shallbe resolved through arbitration in New Delhi, in accordance with theArbitration and Conciliation Act, 1996, as amended. The arbitration will beconducted by a sole arbitrator appointed by Courtly, with the proceedings heldin English. All parties involved in the arbitration must maintain confidentiality,disclosing information only on a need-to-know basis or as required by law. Thearbitrator's decision will be final and binding on all parties, with each partybearing its own costs related to the arbitration.

MISCELLANEOUS

No waiver by us of any breach ofthese terms shall constitute a waiver of any other prior or subsequent breachand we shall not be affected by any delay, failure or omission to enforce orexpress forbearance granted in respect of any of Your obligations.

The rights and remedies of isunder these terms are independent, cumulative and without prejudice to ourrights under the law. 

These terms are not intended tocreate and shall not create any rights, entitlements, claims or benefitsenforceable by any third party.

If any provision of this Termsof Use is determined to be invalid or unenforceable in whole or in part, suchinvalidity or unenforceability shall attach only to such provision or part ofsuch provision and the remaining part of such provision, and all other provisionsof this Terms of Use shall continue to be in full force and effect.

This Terms of Use, as may beupdated from time to time and represents the complete agreement andunderstanding with respect to the Service and supersedes any other written ororal agreement.

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