Terms & Conditions

TERMS OF USE 

These Terms of Use (“Terms”) govern your use of the website provided by anynightIN (or referred to as “us”) (collectively the “Platform”). Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platform or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platform.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. 

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. 

anynightIN reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted. 

 

anynightIN – Who we are

1. anynightIN 

1.2 What we do

We bring consumers and talent together to realise the perfect night in, whether that’s a romantic dinner with chef or a family gathering with live band.

1.3 How to contact us

For customer support, you may reach out to us via email, telephone or on the contact page of our site.

2 Use of the Platform and anynightIN Account

2.1 anynightIN shall not be liable for booking issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the booking, including your booking address and contact information.

2..2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

3.1 Activities Prohibited on the Platform

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. anynightIN reserves the right to investigate and take appropriate legal action against anyone who, in anynightIN’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;

3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by anynightIN in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by anynightIN in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;

3.1.6 posting telephone numbers, street addresses, or last names of any person;

3.1.7 posting URLs to external websites or any form of HTML or programming code;

3.1.8 posting anything that may be “spam,” as determined by anynightIN in its sole discretion;

3.1.9 impersonating another person when posting content;

3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;

3.1.12 harassing, threatening, stalking, or abusing any person on the Platform;

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of anynightIN, exposes anynightIN or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14 encouraging other people to engage in any prohibited activities as described herein. 

3.2 anynightIN reserves the right but is not obligated to do any or all of the following:

3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

3.2.3 monitor, edit, or disclose any content on the Platforms; and

3.2.4 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of anynightIN and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of anynightIN’s trademarks on any other website not approved by us is strictly prohibited. anynightIN will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. anynightIN neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with anynightIN. Use of any materials on the Platforms is at your own risk. 

4.1 Some of the Goods we offer on our Platform are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force. 

4.2 Alcohol / Alcoholic Products (“Alcohol”) 

To book any of our services that involve alcohol, you must be of the statutory legal age. anynightIN, the Vendor and its bar staff/ mixologists, as the case may be, reserve the right in their sole discretion: 

4.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they serve Alcohol; 

4.2.2 to refuse the booking if you are unable to prove you are of legal age; and/or

4.2.3 to refuse a booking to any persons for any reason whatsoever. 

5.1 When you place a booking with anynightIN, anynightIN will confirm your order by sending you a confirmation email containing the booking receipt.

5.2 Special Instructions – anynightIN reasonably endeavour to comply with your special instructions for a booking. However, in some cases where this is not feasible, possible or commercially reasonable, anynightIN reserve the right to complete the booking in accordance with standard operating procedures. anynightIN shall not be responsible to replace or refund a booking which does not conform to special instructions provided by you. 

5.3 Allergens – anynightIN is not obligated to provide ingredient information or allergen information on the Platform. Further. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact anynightIN before placing an Order on our Platform.

5.4 Prior to making a booking

5.4.1 You are required to provide the booking address and select relevant services in order for the Platform to display the relevant options for your needs.

5.4.2 Once you select an option, you will be taken to that options booking page for you to select and add your options to the cart. 

5.5 Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

5.6 Cancelling an Order 

5.6.1 Please contact us immediately via our website customer support chat feature if you wish to cancel your Booking after it has been placed. You have the right to cancel your Booking provided the Talents has not yet accepted your Booking.

5.6.2 Refunds

(i) Online Payment Orders

You have the right to a refund for a cancelled Booking only if the Talent has not yet accepted your Booking. Should you still decide to cancel your Booking after it has been accepted by the Talent, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Booking. 

5.7 anynightIN reserves the right to cancel any Booking in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Booking. 

6.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. 

6.2 The way we display the prices of our services may vary depending on the Talent, and the prices reflected on our Platforms may: 

6.2.1 include GST, VAT or such other equivalent tax; or 

6.2.2 exclude GST, VAT or such other equivalent tax. 

A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you. 

6.3 Booking fees are chargeable on every Booking unless: 

6.3.1 you have a valid promotional or discount voucher and apply it at Checkout; or 

6.3.2 unless stated otherwise.

6.4 Prices indicated on the Platforms are as at the time of each Booking and may be subject to change. 

6.5 You can choose to pay for an Booking using any of the different payment methods offered on the Platform including: 

6.5.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay; 

6.5.2 Such other payment method we offer from time to time. 

6.6 After an Booking is successfully placed, you will receive an email confirmation from us with your Booking receipt.

6.7 Payment Methods 

anynightIN reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. anynightIN does not store your credit card or payment information. 

6.8 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of a Booking. Insofar as required, anynightIN takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

Limitation of Liability 

To the extent permitted by law, anynightIN (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platform, our services, and any website linked to our Platform and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The anynightIN entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the anynightIN entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, anynightIN, the anynightIN entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law. 

In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.

 

Published: 2020·      

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