Terms & Conditions
Welcome to Good Night Oscar (“Website”) terms and conditions. This website has been designed, built, managed and hosted by the AKA Group Limited on behalf of Goodnight Oscar Limited Liability Company. These are our Terms of Use (“Terms of Use”) which you should read before you use the Website. These terms are a legally binding agreement between the AKA Group Limited (“AKA”, “us”, “we” or “our” for short) and you. They will govern the relationship between you and us and everything that you do on the Website.
By using the Website, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the Website. We may change our Terms of Use from time to time without notification. The revised Terms of Use will be available via the Website. Please check our Terms of Use regularly to ensure you are aware of any changes we may make. If you continue to use our Website, you will be deemed to have accepted the changes. If you do not agree to the changes, you should stop using the Website.
These Terms of Use govern your use of the Website, the information that we make available to you on the Website.
These Terms of Use do not govern any other relationship with any third party. If you are entering into a contract with a third party, you should read the third party’s terms and conditions carefully before entering into a contract with them.
1 AKA
1.1 This Website is owned and operated by AKA. If you would like further information about AKA or anything else referred to on the Website, please contact us using the following details:
AKA Group Ltd
321 W44th St, Suite 401, NEW YORK, NY
Email: hello@aka.nyc
2 USE OF THE SITE
2.1 You may not use the Website in any improper or unlawful manner or in breach of any legislation or license that applies to you.
2.2 Except as expressly permitted, you agree that when using the Website you will not:
(a) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libelous, hateful, or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil cause of action;
(b) interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device;
(c) attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms of Use by others; or
(d) upload files or other data that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents.
2.3 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Website.
2.4 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Website. You are responsible for ensuring that no one uses your equipment to access the Website without your permission. We will be entitled to assume that anyone who accesses the Website using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.
2.5 If you breach any of these Terms of Use, or any of the other terms and policies referred to in these Terms of Use, your ability to access and use the Website may be terminated by us immediately without notice to you.
2.6 Access to our Website is permitted on a temporary basis and we reserve the right to suspend, withdraw, discontinue or change any part of our Website, including the availability of any content, without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period nor shall we be liable for any resulting loss or damage to the fullest extent permissible in law.
3 INTELLECTUAL PROPERTY
3.1 All Intellectual Property Rights (as defined at 3.4 below) in or to the materials and information made available to you through the Website are either owned by us or licensed to us by our third-party partners. You may only use such information or materials in accordance with these Terms of Use. Except as expressly provided in these Terms of Use, we do not grant any express or implied right to you to use the materials or information made available to you through the Website and nothing in these Terms of Use shall be construed as an assignment of any Intellectual Property Rights in or to such materials or information. All our rights are hereby expressly reserved.
3.2 You may view, download and print any materials and information made available to you through the Website subject to the following conditions:
(a) the material and information may only be used for your personal and non-commercial purposes;
(b) the material and information shall not be reproduced or included in any other work or publication in any medium without the written permission of AKA;
(c) the material and information may not be modified or altered in any way;
(d) the material and information may not be distributed or sold to any third party;
(e) you may not remove any copyright or other proprietary notices contained in the material or the information.
3.3 We do not give you any rights in relation to Intellectual Property Rights in any product or service that you purchase from or via the Website.
3.4 The term “Intellectual Property Rights” shall be taken to mean all patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
4 WARRANTIES AND DISCLAIMERS
4.1 We will exercise all reasonable skill and care in providing the Website. We obtain the materials and information provided on the Website from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
4.2 Therefore, except as expressly provided in these Terms of Use, the Website and all materials and information provided through it are provided on an “as is” basis without warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) and all other conditions, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Website or that your use of the Website will not infringe the rights of any third party) are hereby excluded to the fullest amount permissible by law. Without limiting the foregoing, we make no warranty that the Website and all materials and information provided through it will meet your requirements. Therefore, we advise you to check any materials or information provided to you through the Website as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
4.3 This Website may contain links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Website or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third-party website or microsite may be subject to your acceptance of additional terms and conditions.
5 LIMITATION OF LIABILITY
5.1 Nothing in these Terms of Use shall be construed as an attempt to limit or exclude our liability in respect of:
(a) death or personal injury caused by our negligence;
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
(c) any other liability that cannot be so limited or excluded at law.
5.2 Subject to Clause 5.1, you agree that we shall not be liable for:
(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
(b) any loss of profit (whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
(c) any use of this Website or its contents;
(d) any failure or delay in the use of any component of the Website or any service including, without limitation, any unavailability of the Website or the services irrespective of duration of any period of unavailability; or
(e) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Website,
in all cases even if we have been forewarned of the possibility of such loss or damage.
5.3 Without limiting the effect of Clause 5.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing the Website. The downloading or other acquisition of any materials or information through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
5.4 You agree that you shall indemnify us against any claims or legal proceedings that are brought or threatened against us by a third party because your use of the Website or any material or information through the Website is in breach of these Terms of Use.
6 TERMINATION
6.1 We may terminate these Terms of Use immediately without notice to you if:
(a) you commit any breach of any term of this Agreement; or
(b) you do not comply fully with Clause 2 above; or
(c) you commit a material breach of these Terms; or
(d) we choose to terminate in our sole discretion.
6.2 If you do not wish to be bound by these Terms of Use, please do not use the Website.
6.3 You must cease all use of the Website upon termination. Any termination of this Agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement, which is expressly or by implication intended to come into or continued in force on or after such termination and neither shall it affect any common rights that are available to you.
7 DATA PROTECTION AND PRIVACY
We will only use any personal information that we may collect about you in accordance with our privacy policy.
8 NO WAIVER
Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
9 THIRD PARTY RIGHTS
These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10 SEVERABILITY
If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.
11 ENTIRE AGREEMENT
The warranties, exclusions and the other express provisions of these Terms of Use and the privacy policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to Clause 5.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Use other than any remedy you may have for breach of the express terms of these Terms of Use.