Night Owl
Terms & Conditions
TERMS AND CONDITIONS
1. INTRODUCTION
Welcome to Night Owl Platform, (the “Website”) . Please read the following Terms and Conditions before using this Website or availing any merchandise so that you are aware of your legal rights and obligations with respect to our company. The services we provide or make available include (a) the Website, (b) the services provided by the Website and the books and merchandise made available through the Website , and (c) all information, linked pages, features, data, text, images, photographs, graphics, videos, messages, tags, content, , application services, or other materials made available through the Website.
2. ACCEPTANCE OF TERMS
2.a. BY ACCESSING AND USING THE WEBSITE, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE AND YOU AGREE TO COMPLY AND TO BE BOUND BY THESE TERMS AND CONDITIONS.
2.b. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE WEBSITE. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR OF THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO AGREE TO THE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS USING THIS WEBSITE, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF COMPANY SERVICES.
3. PRODUCTS AND PRICING
3.a. Products. We make every effort to ensure that the product information, including descriptions, prices, and availability, is accurate and up-to-date.
Products offered may be available on a limited quantity basis. We make no guarantee that such will be available to you, as they are offered on a first come, first served basis. However, we will ensure that we will indicate the products that are limited in a clear manner.
3.b. Pricing. Prices are in Philippine Pesos (PHP) and are subject to change. All applicable taxes are included in the product prices.
4. ORDER PLACEMENT AND PAYMENT
4.a. Order Placement. By placing an order, you agree to provide your accurate and complete information. We reserve the right to cancel or refuse any order for meritorious reasons.
We take no responsibility for any loss or damages arising from shipping information and/or payment information you entered or a wrong remittance in connection with the payment for the items purchased. We reserve the right to check whether you are duly authorized to use a certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
4.b. Payment
4.b.1. The Website supports one or more of the following payment methods:
· Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
· Other online payment channels
Buyers of the books and merchandise may pay through the various online payment channels available on the Website.
4.b.2. Buyers may only change their preferred mode of payment for their purchase prior to making payment.
5. SHIPPING AND DELIVERY
5.a. Shipping. We aim to process and dispatch orders promptly. Delivery times may vary based on location and other factors beyond our control.
5.b. Delivery charges. Delivery charges are calculated based on the delivery location and the weight of the items. These charges will be displayed during the checkout process.
You may choose the delivery service provided by our accredited logistic service company. Payment of shipping fees for each service delivery is the responsibility of both the Buyer and the company.
We will use our best effort to ensure that you will receive the purchased items within, whichever applicable, the guaranteed period specified.
5.c. Subject to the provisions in Section 5.b., delivery will be made by the designated courier/delivery service provider, and not by our company. We will only be responsible for facilitating reports/complaints. In the event that you have not received the product within the estimated timeframe that the product should have been received, you must notify us through the Platform. We will then forward the notification to the courier/delivery service provider company concerned to find the best solution.
6. INTELLECTUAL PROPERTY
6.a. Copyright and Trademark. The books and merchandise offered on the Website are protected by copyright, and other intellectual property laws and treaties. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely to place an order with us or for customer service requests. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless we expressly authorize it.
6.b. Reporting Alleged Infringements. If you believe that our work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material, please notify us through the channel provided in our Platform.
6.c. Indemnification. You agree to indemnify, defend, and hold our company, our officers, directors, employees, and agents free from and against against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to you.
7 EXEMPTION FROM LIABILITY
Under no circumstances shall the company, its subsidiaries, affiliates, employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use or inability to use the Website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract or tort. If you are dissatisfied with the site, any content of the site, or these Terms and Conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of this Website, that your use of it is at your sole risk.
8. GOVERNING LAW
This Agreement shall be governed by the laws of the Republic of the Philippines. Any disputes shall be resolved in the courts of law of Parañaque City.
9. OTHER MISCELLANEOUS PROVISIONS
9.a. Amendment and modification. We reserve the right to modify these Terms and Conditions. Changes will be effective upon posting on the Website. Continued use of the Website constitutes acceptance of the modified terms.
9.b. Severability. If any provision or provision of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.