This document tells youthe rules for using our website. Please, read the following terms carefully before visiting our website, mobile application and/or using our services.

This website www.thecomicslounge.com.au  (the “Site”)and mobile application(the "App") and all available services on the Website and App (the “Services”) is owned and operated The Comic’s Lounge Pty Ltd (the “Comic’s Lounge”, Company, “we”, “us”).

By using or visiting the Site or App is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (collectively as “Terms and Conditions” or “Terms”).

This Terms and Conditions apply to all visitors, users and other who access or use the Site, App.

Your use and/or access to the Site and Services constitutes your agreement to the Terms and Conditions. By selecting to use the Site/Services, you (as user) express your agreement to these Terms and Conditions as well as to future changes which can be made to these Termsin the process of your further usage.

We reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically.

If you do not agree to these Terms, please not use the Site.

 

Our Site and Services

We may update and change the Site from time to time to reflect changes and/or improve to our services, our user’s needs and our business priorities. We will try to give you reasonable notice of any major changes.

Our Site is made available free of charge.

We do not guarantee that our Site, 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 the Site for business and operational reasons.

The Site is directed to people residing in Australia. We do not represent that content available on or through our site is appropriate for use or available in other locations.

The content on our site is provided for general information only. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guaranties, whether express or implied, that the content on the Site is accurate or up to date.

This Site may include information and materials 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 site 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 Account

During the process of registration, you (the “User”) will be requested to submit their 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 of our newly registered users and customers a welcome email. This is done in order 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 the Site and App.  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 website to collect data about visitors. For information about how Comic’s Loungeand its affiliates collect, use, and share your personal data, cookies, please read our Privacy Policy[link]. By using the Site, you agree that we may use your personal data in accordance with our Privacy Policy[link].  

By using our Site, you consent to Comic’s Lounge processing and transferring the user data as necessary for us to provide you with this service and enable you to use the Site and receive our Site. Such user’s information is used to execute an agreement with you as described in these Terms. 

 

Ticket Purchase

Comic’s Lounge provides ticketing services, including the sale and distribution of tickets, as agent for the venue, promoter or person responsible for holding the relevant event. By purchasing a ticket from 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 Site. 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 authorise your credit card or bank account information, you may be prohibited from using the Site.

Each ticket is also sold subject to any additional terms and conditions of the Seller for the particular event.   Theseterms may be disclosed as part of the event information on the Site and at Comic’s Lounge agents and outlets at the time of purchase or user’s request.

 

Gold Pass Membership

Comic’s Lounge Gold Pass Membership is available for purchase, 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 3 shows in advancevia 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, they will be restricted to 2 bookings in advance, if this is repeated a second time, the Member will be restricted to 1 booking in advance. Members who confirm and books tickets and does not attend will have their membership suspended to 3 months.

Membership Renewal.Registered Gold Pass members agree under these Terms that Gold Pass Memberships will be automatically renewed and paid by the members nominated bank account, Gold Pass Members may cancel their membership at any time by emailing to Comic’s Lounge at membership@thecomicslounge.com.auor in writing to Comics Lounge at address: 26 Errol Street North Melbourne, Victoria 3051.

 

Permitted Use

You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise, unless otherwise specifically authorised by Comic’s Lounge  to do so. You also agree not to deep link to the site for any purpose, unless specifically authorised by Comic’s Lounge to do so. The content and software on this Site are the property of 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 the Site, 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 Site/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 our Site/Service or use such information for any purpose inconsistent with the purpose of our Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

 

Copyright and Trademarks

You may use the Site and the information contained within it for your own personal and non-commercial reference only. You agree that you will not hack into the Site nor employ any robot, spider or other device or process to use the Site for any unauthorised purposes. You agree that you will not take any action that imposes an unreasonably large burden on the Site.

The information contained within this Site (including programming scripts, graphics and logos) are copyright of Comic’s Lounge and its related bodies corporate. You may make any copies of any information reasonably incidental to your viewing of the Site 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 Comic’s Lounge or its related bodies corporate.

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit User Content to this Site, 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 this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

The trademarks appearing on this Site are primarily trademarks of Comic’s Lounge. Other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of 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 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 Comic’s Lounge, its users or the public.

 

Violation

If you violate these Terms and Conditions, without limiting any other remedies available, Comic’s Lounge may without notice to you:

• cancel your tickets and ticket orders without a refund;
• prohibit you from using the Site;
• restrict your ability to make future ticket purchases through Comic’s Lounge; andif required by law, or by subpoena or an enforcement body, disclose information about you and your use of the Site for the investigation of any unlawful or harmful activity.

 

Third Party Links

Where the Site contains links 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. 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 Comic’s Lounge for any damages or losses, whatsoever, resulting from your use of the Site to link to another site. If you have a problem with a link from the Site, please notify us at customerservice@thecomicslounge.com.au  and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

 

Disclaimer

COMIC’S LOUNGE  DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. COMIC’S LOUNGE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMIC’S LOUNGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMIC’S LOUNGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. COMIC’S LOUNGE MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF COMIC’S LOUNGE SERVICE. COMIC’S LOUNGE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USERS, COMIC’S LOUNGE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH COMIC’S LOUNGE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR 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 the Site to Comic’s Lounge  at customerservice@thecomicslounge.com.au. Comic’s Lounge may investigate the claim and take appropriate action, in its sole discretion.

 

Limitation on Liability

IN NO EVENT WILL 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 COMIC’S LOUNGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnity

You agree to indemnify and hold Comic’s Lounge  and its affiliates, and each of 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 the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

 

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 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 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 authorised to access the Site, 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 www.thecomicslounge.com.au/privacyand any other notices or policies we have published on the Site 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 or 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.