Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and The Turn ("we," "our," or "us") and govern your access to and use of our website, mobile applications, and on-course ordering platform (collectively, the "Service").

By creating an account, placing an order, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility and Account Registration

To use the Service, you must be at least 18 years of age (or the age of majority in your jurisdiction) and capable of forming a legally binding contract. By using the Service, you represent and warrant that you meet these requirements.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@trytheturn.com of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Service or other users.

2. The Turn Is a Technology Platform

The Turn provides software that connects members and guests with the golf facility, club, or course (each, a "Course") where they are playing. We do not prepare food or beverages, do not stock inventory, and do not employ the staff who fulfill orders.

The Course is the seller of record for every order placed through the Service. The Course sets pricing, menus, hours of operation, age-restricted product availability, delivery zones, and refund policies. The Course is solely responsible for the quality, safety, fulfillment, and legality of the items it sells. Your contract for the purchase of any item is with the Course, not with The Turn.

The Turn's role is limited to providing the technology that facilitates ordering, payment processing, and communication between you and the Course.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:

• Use the Service to violate any applicable law, regulation, or third-party right
• Provide false, inaccurate, or misleading information, including about your age or identity
• Order alcohol on behalf of, or for delivery to, anyone under the legal drinking age
• Resell, redistribute, or commercially exploit any items ordered through the Service
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, our systems, or other users' accounts
• Use bots, scrapers, or automated tools to access the Service without our prior written consent
• Harass, threaten, or abuse Course staff, other users, or The Turn personnel
• Use the Service to transmit spam, malware, or other harmful content
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service

We may investigate suspected violations and, at our discretion, suspend or terminate access, refuse to process orders, and report conduct to law enforcement.

4. Alcohol and Age Verification

By placing an order that includes alcohol, you represent and warrant that you are of legal drinking age and that the alcohol is for your personal consumption and not for resale. You agree to the following:

• A valid government-issued photo ID may be required at the time of delivery. The Course or its staff may refuse delivery if you cannot produce ID, appear underage, or appear intoxicated.
• The Course is the licensed alcohol retailer and reserves the right to refuse, cancel, or limit any alcohol order at its sole discretion, including for service to apparently intoxicated persons.
• Alcohol orders that are refused at delivery are subject to the Course's refund and restocking policies. Alcohol that has been delivered is non-returnable.
• You will not share your account with, or order alcohol on behalf of, anyone under the legal drinking age. Providing alcohol to minors may be a crime.
• The Service may not be available in jurisdictions where on-course alcohol delivery is prohibited.

5. Orders, Pricing, and Payment

When you place an order through the Service, you authorize the Course (through our payment processors) to charge your selected payment method for the full order total, including any applicable taxes, gratuities, service fees, and platform fees disclosed at checkout.

Pricing

Item prices are set by the Course and may change at any time. The price shown at checkout is the price you will be charged for that order, except in the case of an obvious pricing error, in which case the Course or The Turn may cancel the order and issue a refund.

Fees

Your order total may include:

• Item charges: Set by the Course for the food, beverage, and merchandise you order.
• Taxes: Sales, alcohol, and other taxes as required by law.
• Service or delivery fees: Set by the Course to support on-course delivery operations.
• Platform fee: A fee retained by The Turn for use of the technology platform, where applicable.
• Gratuity: Optional or suggested tip distributed to Course staff. Gratuity is voluntary unless otherwise disclosed.
• Payment processing surcharges: Where permitted by law and disclosed at checkout.

Payment Processing

Payments are processed by third-party payment processors, including Stripe. By providing payment information, you authorize us and our processors to charge your payment method for amounts you owe. You represent that you are authorized to use the payment method provided. We do not store full payment card numbers on our servers.

Refunds and Cancellations

Because the Course is the seller of record, refund and cancellation decisions for the items themselves are made by the Course in accordance with its policies. Refundable amounts will be returned to the payment method used for the original order. The Turn will, on the Course's behalf, process approved refunds through our payment processor. Platform fees may be non-refundable except where required by law.

6. Delivery on Course

The Service is designed for delivery to your position on the golf course. To enable delivery, you may be asked to share your approximate or precise location. You are responsible for providing accurate location and contact information and for being reasonably available to accept delivery.

Delivery times are estimates and may be affected by pace of play, weather, course conditions, staffing, and other factors outside our or the Course's control. The Course may, at its discretion, refuse or modify deliveries for safety, weather, or operational reasons.

7. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content, is owned by The Turn or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.

You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Service, except as expressly permitted by us in writing. "The Turn" and our logos are trademarks of The Turn. All other trademarks belong to their respective owners.

8. User Content and Feedback

If you submit reviews, comments, suggestions, or other content through the Service ("User Content"), you grant The Turn and the relevant Course a worldwide, royalty-free, non-exclusive, perpetual, transferable license to use, reproduce, modify, publish, and display that content in connection with operating and improving the Service.

You represent that you have all rights necessary to grant this license and that your User Content does not violate any law or third-party right. We may remove User Content that we reasonably believe violates these Terms.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and share information. By using the Service, you consent to those practices.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ORDER WILL BE FULFILLED WITHIN A PARTICULAR TIMEFRAME. THE TURN IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR DELIVERY OF ITEMS SOLD BY ANY COURSE THROUGH THE SERVICE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TURN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE TURN (EXCLUDING AMOUNTS PAID TO COURSES) IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless The Turn and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any User Content you submit.

13. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution First

Before filing a claim, you agree to try to resolve the dispute informally by emailing us at support@trytheturn.com with a description of the dispute and the relief you seek. We will attempt to resolve the dispute in good faith within sixty (60) days.

Binding Arbitration

If we cannot resolve the dispute informally, you and The Turn agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as provided below.

Arbitration will be conducted by a single arbitrator in the English language. The seat of arbitration will be in the United States in a location reasonably convenient to you, or by video or telephone where permitted. The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You and The Turn agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person.

Exceptions

Either party may (a) bring an individual claim in small claims court for disputes within that court's jurisdiction, or (b) seek injunctive or equitable relief in court to protect intellectual property rights.

Governing Law

These Terms and any dispute arising out of them are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. To the extent any claim is not subject to arbitration, you and The Turn consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

30-Day Opt-Out

You may opt out of the arbitration agreement and class-action waiver by sending written notice to support@trytheturn.com within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms.

14. Termination

You may stop using the Service at any time and may request account deletion through our self-serve page. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or if termination is required for legal, security, or operational reasons.

Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice (for example, by email or an in-app notice). Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

16. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Turn regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Neither party is liable for delays or failures caused by events outside its reasonable control.

17. Contact Us

If you have questions about these Terms, contact us: