These Terms and Conditions outline the rules for using our website, mobile website and or mobile application known here as (“Our Sites”). Please, read the following Terms and Condition carefully before visiting our website, mobile website, mobile application and/or using our services including purchasing our Gold Pass Membership. Our Sites are owned and operated by The Comic’s Lounge Pty Ltd (the “Comic’s Lounge”, Company, “we”, “us”).
By using or visiting Our Sites, it is conditional upon your acceptance and compliance with the Terms and Conditions, notices and disclaimers contained here and elsewhere on Our Sites (collectively as “Terms and Conditions” or “Terms”).
These Terms and Conditions apply to all visitors, users. Members and other who access or use Our Sites. Your use and/or access to Our Sites and Services constitutes your agreement to the Terms and Conditions. By selecting to use the Our Sites Services, you (as user) express your agreement to these Terms and Conditions as well as to future changes which can be made to these Terms in the process of your further usage.
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on Our Sites. Please check this page on Our Sites for the Terms periodically. If you do not agree to these Terms, please not use Our Sites.
Our Site and Services
We may update and change Our Sites from time to time to reflect changes and/or improve to our services for our user’s needs and our business priorities. We will try to give you reasonable notice of any major changes. We do not guarantee that Our Sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Sites for business and operational reasons.
Our Sites are directed to people residing in Australia. We do not represent that content available on or through Our Sites is appropriate for use or available in other locations. The content on Our Sites is provided for general information only. Although we make reasonable efforts to update the information on Our Sites, we make no representations, warranties, or guaranties, whether express or implied, that the content on Our Sites is accurate or up to date.
Our Sites may include information and material uploaded or created by other users. this information and these materials have not been verified or approved by us. The views expressed by other users on Our Sites do not represent our views or values. If you wish to complain about information and materials uploaded or created by other users, please contact us at customerservice@thecomicslounge.com.au .
Subscription, Registration and Membership Account
During the process of registration for our newsletter or a Gold Pass Membership for yourself or as a gift for you or another person, you (the “User”) will be requested to submit contact details and information such as full name, postal address, email address, detailed payment method information, and will be asked to select a unique password for the account created.
We email all our newly registered users and customers a welcome email. This is done to verify their password and username. It’s very important that when you submit your email address, make sure that it is an active and working one. This is going to be the email address where you will receive email notifications from us containing your download links, purchase confirmation, support, product notices and any other relevant updates regarding transactions executed by the User.
To the extent required you agree to provide true, accurate, current, and complete information about yourself as prompted by any subscription form and/or any registration form on Our Sites. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your subscription or account and refuse all current or future use of the Service in our sole discretion. When you register with us, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer, or assign your membership or any membership rights. You may terminate your account at any time, for any reason.
Privacy and Cookies
Privacy is very important to us. We have a separate policy about it that you should read. We use cookies on Our Sites to collect data about visitors. For information about how The Comic’s Lounge and its affiliates collect, use, and share your personal data, cookies, please read our Privacy Policy. By using Our Sites, you agree that we may use your personal data in accordance with our Privacy Policy.
By using Our Sites, you consent to The Comic’s Lounge processing and transferring the user data as necessary for us to provide you with this service and enable you to use Our Sites and receive our services. Such user’s information is used to execute an agreement with you as described in these Terms and Conditions.
Ticket Purchasing
The Comic’s Lounge provides ticketing services, including the sale and distribution of tickets, this may include agents for the venue, promoters, or any person responsible for holding the relevant event. By purchasing a ticket from The Comic’s Lounge, you agree to be bound by these Terms and Conditions.
The sale or purchase of tickets to entertainment events is regulated by certain states and cities. You may be asked to provide information during processes you engage in on the Our Sites. You represent and warrant that all information you provide will be true, complete, and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, you may be prohibited from using Our Sites.
Each ticket is also sold subject to any additional terms and conditions of the Seller for the events. These Terms and Conditions may be disclosed as part of the event information on the Site and at The Comic’s Lounge agents and outlets at the time of purchase or user’s request.
Gold Pass Membership
The Comic’s Lounge Gold Pass Membership is available for purchase and are valid for a 12-month period from date-of-purchase and is non-refundable. Gold Pass members (Members) are entitled to book events and receive complimentary tickets for selected events, each ticket booked will be for 2 people and will not include meals.
Members can book up to 2 shows in advance via the mobile app, members will receive alerts reminding them to confirm or cancel their complimentary tickets, if a member confirms and books a ticket and does not attend, at the discretion of The Comics Lounge Management, they may be restricted to 2 bookings in advance, if this is repeated a second time, Members who confirm and books tickets and do not attend after several cancellations may have their membership suspended to 3 months.
The Comics Lounge offers private events and agency managed shows. The Comics Lounge will endeavour to provide access for Members to as many shows as possible, however they cannot guarantee availability for all shows due to private events and agency managed shows.
Membership Renewal
Registered Gold Pass members agree under these Terms that Gold Pass Memberships will be contacted by The Comics Lounge to renew their Membership. The Comics Lounge may offer existing members the opportunity to automatically renew their Memberships as part of these Terms and Conditions, any Members agreeing to have their Memberships automatically renewed will agree to have these terms remain in place unless they “opt out” by emailing The Comics Lounge at memberships@thecomicslounge.com.au with their Full Name, Email Adress used for their Membership and request to cancel their Membership, Gold Pass Members may cancel their membership at any time by emailing to Comic’s Lounge at memberships@thecomicslounge.com.auor in writing to The Comics Lounge at address: 26 Errol Street North Melbourne, Victoria 3051.
Refund Policy
Ticket Purchases
Tickets that are cancelled within 25 days of the show start time are not refundable. If the Ticket Purchaser contacts The Comics Lounge within 25 days of the show start time to cancel their ticket, they maybe offered a “CREDIT” for another available show of the same value.
Tickets cancelled prior to the 25 day period of the show start time may receive a FULL REFUND, or a CREDIT for another available show of the same value. Booking Fees will not be refunded as part of any refund for tickets.
Gold Pass Memberships
The Comics Lounge Gold Pass Memberships is a 12-month subscription which offers members the option to attend The Comics Lounge over a 12-month period. The Comics Lounge offers has a “NO REFUND” policy for Gold Pass holders, Gold Pass members will be offered an extension on their membership should the venue be forced to close for any reason.
Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of Our Sites or your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on Our Sites for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise, unless otherwise specifically authorized by The Comic’s Lounge to do so. You also agree not to deep link to the site for any purpose, unless specifically authorised by The Comic’s Lounge to do so. The content and software on Our Sites are the property of The Comic’s Lounge and/or its suppliers and is protected by Australian and international copyright laws. We post a legal notice and various credits on pages of Our Sites which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
Use Restrictions
You agree to not use the Services to: upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials that are unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; “stalk” another; upload, post, publish, email, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; harm minors in any way; impersonate any person or entity, including, but not limited to, the Company officer or other employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through our Service; upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information; act in a manner that negatively affects other users' ability to use Our Site/Services; interfere with or disrupt Our Sites/Services or servers or networks connected to our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our Service; or intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect, or store information about our users, or the content posted by on ourSites/Service or use such information for any purpose inconsistent with the purpose of Our Sites or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
Copyright and Trademarks
You may use Our Sites and the information contained within it for your own personal and non-commercial reference only. You agree that you will not hack into Our Sites nor employ any robot, spider or other device or process to use Our Sites for any unauthorised purposes. You agree that you will not take any action that imposes an unreasonably large burden on Our Sites.
The information contained within Our Sites (including programming scripts, graphics, and logos) are copyright of The Comic’s Lounge and its related bodies corporate. You may make any copies of any information reasonably incidental to your viewing of Our Sites and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of The Comic’s Lounge or its related bodies corporate.
We will terminate the privileges of any user who uses Our Sites to unlawfully transmit copyrighted material without a license express consent, valid defence, or fair use exemption to do so. Users who submit User Content to Our Sites, whether articles, images, stories, software, or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy, or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used Our Sites as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to Our Sites. We may, also in our sole discretion, decide to terminate a user's rights to use or access Our Sites prior to that time if we believe that an alleged infringement has occurred.
The trademarks appearing on this Site are primarily trademarks of The Comic’s Lounge. Other trademarks displayed on Our Sites are trademarks of their respective owners. Nothing contained on Our Sites should be construed as granting any licence or right of use of any trademark displayed on Our Sites without the express written permission of The Comic’s Lounge or the relevant affiliate, or third-party owner.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below:
Your username, address, telephone number, and e-mail address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You acknowledge and agree that The Comic’s Lounge may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Comic’s Lounge, its users or the public.
Violation
If you violate these Terms and Conditions, without limiting any other remedies available, The Comic’s Lounge may without notice to you:
cancel your tickets and ticket orders without a refund.
prohibit you from using Our Sites.
restrict your ability to make future ticket purchases through The Comic’s Lounge; andif required by law, or by subpoena or an enforcement body, disclose information about you and your use of Our Sites for the investigation of any unlawful or harmful activity.
Third Party Links
Where Our Sites containlinks to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. The Comic’s Lounge does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using a link to another site, you agree and understand that you may not make any claim against The Comic’s Lounge for any damages or losses, whatsoever, resulting from your use of Our Sites to link to another site. If you have a problem with a link from Our Sites, please notify us at customerservice@thecomicslounge.com.auand we will investigate your claim and take any actions we deem appropriate in our sole discretion.
Disclaimer
THE COMIC’S LOUNGE DOES NOT PROMISE THAT OUR SITES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF OUR SITES OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE COMIC’S LOUNGE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM OUR SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMIC’S LOUNGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMIC’S LOUNGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. THE COMIC’S LOUNGE MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF OUR SITES OR USE OF THE COMIC’S LOUNGE SERVICE. THE COMIC’S LOUNGE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USERS, THE COMIC’S LOUNGE USERS, ADVERTISERS AND/OR SPONSORS ON , IN CONNECTION WITH COMIC’S LOUNGE SERVICE OR OTHERWISE RELATED TO YOUR USE OF OUR SITES AND/OR THE COMIC’S LOUNGE SERVICE.
Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in Our Sites to The Comic’s Lounge at customerservice@thecomicslounge.com.au .The Comic’s Lounge may investigate the claim and take appropriate action, in its sole discretion.
Limitation on Liability
IN NO EVENT WILL THE COMIC’S LOUNGE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF THE COMIC’S LOUNGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify and hold The Comic’s Lounge and its affiliates, and each of The Comic’s Lounge’s and its affiliates’ respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Our Sites, including also your use of Our Sites to provide a link to another site or to upload content or other information to Our Sites.
Governing Law and Disputes
These Terms and Conditions shall be governed by the laws of Victoria, Australia applicable to agreements made and to be performed therein without regard to conflict of laws principles. You expressly agree that exclusive jurisdiction for any claim or dispute with The Comic’s Lounge or relating in any way to your use of our Service resides in the courts of Australia, in the state of Victoria, or any state court located in Australia, and waive any right to resort to any form of class action.
Termination
These Terms and Conditions are effective until terminated by The Comic’s Lounge, and the Company may terminate your agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorized to access Our Sites, but all restrictions imposed on you, licenses granted by you and all disclaimers and limitations of liability set out in these Terms and Conditions will survive.
Severability
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
General
These Terms and Conditions, together with our Privacy Policy and any other notices or policies we have published on Our Sites and additional terms for specific features or areas, as applicable, constitute the entire agreement between you and us regarding this Site and our Services.
We rely on your continued observance of these Terms and Conditions. If the Company suffers any loss or damage or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation then you agree to indemnify the Company for those losses, damages, and costs.
You and we shall be independent parties under these Terms and Conditions, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint ventures and partners for any purpose.You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Terms and Conditions.
We may transfer, assign, sublicense, or pledge in any manner whatsoever, any of its rights and obligations under this Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.