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Terms and Conditions
EVENT MANAGEMENT / PROMOTIONAL TERMS AND CONDITIONS
1. Application
1. 1.1 All Quotations are made and Confirmations accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by the Company in writing.
2. 1.2 Any Confirmations made with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Confirmations.
3. 1.3 In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.
2. Definitions and Interpretations
2.1
1. Application
1. 1.1 All Quotations are made and Confirmations accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by the Company in writing.
2. 1.2 Any Confirmations made with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Confirmations.
3. 1.3 In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.
2. Definitions and Interpretations
2.1
- 2. 2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re- enacted or extended at the relevant time.
- 3. 2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3. Basis of the Supply of Event Management Services
- 1. 3.1 The Company shall throughout the continuance of this Agreement provide an Event Management Service to the Client.
- 2. 3.2 The Company will use reasonable care and skill in fulfilling its obligations to the Client.
- 4. Price
- 5. Payment
- 1. 5.1 The Client shall pay to the Company a booking fee of $950 prior to the event.
- 2. 5.2 The Confirmation will only be considered as accepted by the Company once the deposit has been paid and the venue is secured (pre-booked) by the client. The balance of the total price payable shall be paid to the Company prior to the Event.
- 3. 5.3 All other fees must be paid in full prior to the event.
- 4. 5.4 Any items stated in the Quotation as "additional" items, out of pocket expenses, disbursements, or any items requested by the Client after the Confirmation has been accepted by the Company must be confirmed by the Client in writing before being actioned by the Company. Any such items will be invoiced by the Company to the Client at the discretion of the Company and payment therefore shall be due within 28 days of the date of the invoice relating thereto.
- 5. 5.5 The Client shall pay to the Company (including invoices for "additional" items) any amounts due and owing prior to the event.
- 6. 5.6 The time for such payment shall be of the essence of these terms and conditions. If the Client fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Company shall, without prejudice to any right which the Company may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 2% per cent and the base rate of National Australia Bank (NAB) from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
- 7. 5.7 [No tickets, poster designs, itineraries, web page designs, or other final details with respect to the arrangements relating to any Confirmation will be forwarded to the Client until a booking fee payment has been received in full.]
- 8. 5.8 [Wine purchased by the Client is quoted and charged for on a per case basis. the Client is deemed to purchase any broken cases remaining after an Event and will be charged accordingly.]
6. Variation & Amendments
- 1. 6.1 If the Client wishes to vary any details of the Confirmation, it must notify the Company in writing as soon as possible. The Company shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.
- 2. 6.2 If, due to circumstances beyond the Company’s control, it has to make any change in the arrangements relating to the Confirmation it shall notify the Client forthwith. The Company shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
- 3. 6.3 The Company reserves the right to do the following:
b) amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company;
c) vary its schedule of charges from time to time.
- 7. Sub-Contracting
- 8. Cancellations
d) Under no circumstances will the deposit be returnable.
e) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
f) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
- 7. g) If the cancellation notice is received by the Company less than 28 days before the first day of the Event, the balance of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
- 8. h) Any additional costs reasonably incurred by the Company in cancelling any arrangements connected with the Confirmation shall be paid by the Client on demand.
- 2. 8.2 The Company may cancel forthwith any Confirmation at any time if:
- 1. a) the Client is in breach of any of its obligations hereunder;
- 2. b) the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
- 3. c) the Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986;
- 4. d) the Client ceases or threatens to cease to carry on business;
- 5. e) any circumstances whatsoever beyond the reasonable control of the Company (including but not limited to the cancellation, through no fault of the Company, of the venue for the Event) necessitate the cancellation for whatever reason of the Event.
- 3. 8.3 In the event of cancellation under clause 8.2 the Company shall retain any sums already paid to it by the Client without prejudice to any other rights it may have whether at law or otherwise.
- 4.
[where such cancellation or termination occurs due to reasons which are outside the Company's reasonable control the Company shall be entitled to retain from any sums hitherto received from the Client or which may still be due from the Client to the Company hereunder such costs, expenses and disbursements which it has incurred or for which it shall or may be liable in connection with the Event and such contribution to the Company's overhead as shall be reasonable and shall return any balance to the Client. The Company may but shall not be obliged to take such steps as it shall in its discretion consider reasonable to obtain reimbursement of any such costs and expenses and shall subject to deduction of costs incurred in connection therewith reimburse any sums so recovered to the clients.]
OR
[where such cancellation or termination occurs due to reasons which are within the Company's reasonable control the Company shall refund to the Client any deposit received.]
- 2. 9.2 Except in respect of death or personal injury caused by the Company’s negligence, the Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) in connection with the performance of this contract or with the use by the Client of the services supplied in connection with the Event.
- 3. 9.3 The Client shall indemnify the Company against all damages, costs, claims and expenses suffered by it arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.
- 4. 9.4 Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Client shall be joint and several obligations of such persons.
- 5. 9.5 The Company shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Company's obligations if the delay or failure was due to any cause beyond the Company's reasonable control.
- 6. 9.6 [If Electrical generators or additional power supplies are required and if the Client does not avail himself of the opportunity of the Company providing an emergency supply (where this is available) the Company shall accept no responsibility for loss or damage howsoever caused as a result of any failure in the primary supply.]
10. Force Majeure
- 1. 10.1 Neither the Company nor the Client shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-
- 2. 10.2 act of God, explosion, flood, tempest, fire or accident;
- 3. 10.3 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- 4. 10.4 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- 5. 10.5 import or export regulations or embargoes;
- 6. 10.6 strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Company or the Client or of a third party);
- 7. 10.7 difficulties in obtaining raw materials, labour, fuel, part or machinery;
- 8. 10.8 power failure or breakdown in machinery.
- 11. Waiver
- 1. 11.1 No waiver by the Company of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which it is given.
- 2. 11.2 No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
- 12. Severance
13. Copyright
13.1 The Company reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Company's services or facilities. The Company reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
14. Applicable Law and Jurisdiction
14.1 These terms and conditions shall be governed and construed in accordance with Australian and New Zealand law and the parties shall submit to the non-exclusive jurisdiction of the Australian and New Zealand courts.
EVENT MANAGEMENT / PROMOTIONAL TERMS AND CONDITIONS
1. Application
1. 1.1 All Quotations are made and Confirmations accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by the Company in writing.
2. 1.2 Any Confirmations made with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Confirmations.
3. 1.3 In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.
2. Definitions and Interpretations
2.1 In these Conditions:-
“Client”
means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which enters into an agreement for the provision of event management services with the Company;
“Company”
means The Comedy Empire;
“Confirmation”
means the notification made by the Client that they wish the event to proceed. This notification is subject to these terms and conditions;
“Quotation”
means any written Quotation submitted by the Company to the Client; and
“Event”
means the event or events the subject of the Quotation or Booking.
2. 2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re- enacted or extended at the relevant time.
3. 2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3. Basis of the Supply of Event Management Services
1. 3.1 The Company shall throughout the continuance of this Agreement provide an Event Management Service to the Client.
2. 3.2 The Company will use reasonable care and skill in fulfilling its obligations to the Client.
4. Price
All prices stated by the Company on it’s website, unless specifically stated otherwise, are inclusive of GST which, where applicable, will be separately charged at the appropriate rate.
5. Payment
1. 5.1 The Client shall pay to the Company a booking fee of $1440 prior to the event.
2. 5.2 The Confirmation will only be considered as accepted by the Company once the deposit has been paid and the venue is secured (pre-booked) by the client. The balance of the total price payable shall be paid to the Company prior to the Event.
3. 5.3 All other fees must be paid in full prior to the event.
4. 5.4 Any items stated in the Quotation as "additional" items, out of pocket expenses, disbursements, or any items requested by the Client after the Confirmation has been accepted by the Company must be confirmed by the Client in writing before being actioned by the Company. Any such items will be invoiced by the Company to the Client at the discretion of the Company and payment therefore shall be due within 28 days of the date of the invoice relating thereto.
5. 5.5 The Client shall pay to the Company (including invoices for "additional" items) any amounts due and owing prior to the event.
6. 5.6 The time for such payment shall be of the essence of these terms and conditions. If the Client fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Company shall, without prejudice to any right which the Company may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 2% per cent and the base rate of National Australia Bank (NAB) from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
7. 5.7 [No tickets, poster designs, itineraries, web page designs, or other final details with respect to the arrangements relating to any Confirmation will be forwarded to the Client until a booking fee payment has been received in full.]
8. 5.8 If alcohol is supplied by The Comedy Empire or it's staff [Wine purchased by the Client is quoted and charged for on a per case basis. the Client is deemed to purchase any broken cases remaining after an Event and will be charged accordingly.]
5.9 If alcohol is supplied by The Comedy Empire or it's staff [Where wine is not supplied by the Company, the Company will charge corkage in respect of wine consumed at Events at which its services are provided in accordance with the Company's price schedule for the time being.]
6. Variation & Amendments
1. 6.1 If the Client wishes to vary any details of the Confirmation, it must notify the Company in writing as soon as possible. The Company shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.
2. 6.2 If, due to circumstances beyond the Company’s control, it has to make any change in the arrangements relating to the Confirmation it shall notify the Client forthwith. The Company shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
3. 6.3 The Company reserves the right to do the following:
a) amend any accidental error or omission in a Quotation;
b) amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company;
c) vary its schedule of charges from time to time.
7. Sub-Contracting
The Company [may] sub-contract the performance of any of its obligations under this Agreement without the prior written consent of the Client. Where the Company sub- contracts the performance of any of its obligations under this Agreement to any person, the Company shall be responsible for the acts or omissions as if it were an act or omission of the Company itself.
8. Cancellations
8.1 If the Client wishes to cancel the event he may do so at any time by written notice to the Company provided that:-
d) Under no circumstances will the deposit be returnable.
e) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
f) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
7. g) If the cancellation notice is received by the Company less than 28 days before the first day of the Event, the balance of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
8. h) Any additional costs reasonably incurred by the Company in cancelling any arrangements connected with the Confirmation shall be paid by the Client on demand.
2. 8.2 The Company may cancel forthwith any Confirmation at any time if:
1. a) the Client is in breach of any of its obligations hereunder;
2. b) the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
3. c) the Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986;
4. d) the Client ceases or threatens to cease to carry on business;
5. e) any circumstances whatsoever beyond the reasonable control of the Company (including but not limited to the cancellation, through no fault of the Company, of the venue for the Event) necessitate the cancellation for whatever reason of the Event.
3. 8.3 In the event of cancellation under clause 8.2 the Company shall retain any sums already paid to it by the Client without prejudice to any other rights it may have whether at law or otherwise.
4.
9. Liability 9.1 Where an Event is cancelled or terminated and
[where such cancellation or termination occurs due to reasons which are outside the Company's reasonable control the Company shall be entitled to retain from any sums hitherto received from the Client or which may still be due from the Client to the Company hereunder such costs, expenses and disbursements which it has incurred or for which it shall or may be liable in connection with the Event and such contribution to the Company's overhead as shall be reasonable and shall return any balance to the Client. The Company may but shall not be obliged to take such steps as it shall in its discretion consider reasonable to obtain reimbursement of any such costs and expenses and shall subject to deduction of costs incurred in connection therewith reimburse any sums so recovered to the clients.]
OR
[where such cancellation or termination occurs due to reasons which are within the Company's reasonable control the Company shall refund to the Client any deposit received.]
2. 9.2 Except in respect of death or personal injury caused by the Company’s negligence, the Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) in connection with the performance of this contract or with the use by the Client of the services supplied in connection with the Event.
3. 9.3 The Client shall indemnify the Company against all damages, costs, claims and expenses suffered by it arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.
4. 9.4 Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Client shall be joint and several obligations of such persons.
5. 9.5 The Company shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Company's obligations if the delay or failure was due to any cause beyond the Company's reasonable control.
6. 9.6 [If Electrical generators or additional power supplies are required and if the Client does not avail himself of the opportunity of the Company providing an emergency supply (where this is available) the Company shall accept no responsibility for loss or damage howsoever caused as a result of any failure in the primary supply.]
10. Force Majeure
1. 10.1 Neither the Company nor the Client shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-
2. 10.2 act of God, explosion, flood, tempest, fire or accident;
3. 10.3 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
4. 10.4 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
5. 10.5 import or export regulations or embargoes;
6. 10.6 strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Company or the Client or of a third party);
7. 10.7 difficulties in obtaining raw materials, labour, fuel, part or machinery;
8. 10.8 power failure or breakdown in machinery.
11. Waiver
1. 11.1 No waiver by the Company of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which it is given.
2. 11.2 No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
12. Severance
12.1 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
13. Copyright
13.1 The Company reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Company's services or facilities. The Company reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
14. Applicable Law and Jurisdiction
14.1 These terms and conditions shall be governed and construed in accordance with Australian and New Zealand law and the parties shall submit to the non-exclusive jurisdiction of the Australian and New Zealand courts.
1. Application
1. 1.1 All Quotations are made and Confirmations accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by the Company in writing.
2. 1.2 Any Confirmations made with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Confirmations.
3. 1.3 In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.
2. Definitions and Interpretations
2.1 In these Conditions:-
“Client”
means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which enters into an agreement for the provision of event management services with the Company;
“Company”
means The Comedy Empire;
“Confirmation”
means the notification made by the Client that they wish the event to proceed. This notification is subject to these terms and conditions;
“Quotation”
means any written Quotation submitted by the Company to the Client; and
“Event”
means the event or events the subject of the Quotation or Booking.
2. 2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re- enacted or extended at the relevant time.
3. 2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3. Basis of the Supply of Event Management Services
1. 3.1 The Company shall throughout the continuance of this Agreement provide an Event Management Service to the Client.
2. 3.2 The Company will use reasonable care and skill in fulfilling its obligations to the Client.
4. Price
All prices stated by the Company on it’s website, unless specifically stated otherwise, are inclusive of GST which, where applicable, will be separately charged at the appropriate rate.
5. Payment
1. 5.1 The Client shall pay to the Company a booking fee of $1440 prior to the event.
2. 5.2 The Confirmation will only be considered as accepted by the Company once the deposit has been paid and the venue is secured (pre-booked) by the client. The balance of the total price payable shall be paid to the Company prior to the Event.
3. 5.3 All other fees must be paid in full prior to the event.
4. 5.4 Any items stated in the Quotation as "additional" items, out of pocket expenses, disbursements, or any items requested by the Client after the Confirmation has been accepted by the Company must be confirmed by the Client in writing before being actioned by the Company. Any such items will be invoiced by the Company to the Client at the discretion of the Company and payment therefore shall be due within 28 days of the date of the invoice relating thereto.
5. 5.5 The Client shall pay to the Company (including invoices for "additional" items) any amounts due and owing prior to the event.
6. 5.6 The time for such payment shall be of the essence of these terms and conditions. If the Client fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Company shall, without prejudice to any right which the Company may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 2% per cent and the base rate of National Australia Bank (NAB) from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
7. 5.7 [No tickets, poster designs, itineraries, web page designs, or other final details with respect to the arrangements relating to any Confirmation will be forwarded to the Client until a booking fee payment has been received in full.]
8. 5.8 If alcohol is supplied by The Comedy Empire or it's staff [Wine purchased by the Client is quoted and charged for on a per case basis. the Client is deemed to purchase any broken cases remaining after an Event and will be charged accordingly.]
5.9 If alcohol is supplied by The Comedy Empire or it's staff [Where wine is not supplied by the Company, the Company will charge corkage in respect of wine consumed at Events at which its services are provided in accordance with the Company's price schedule for the time being.]
6. Variation & Amendments
1. 6.1 If the Client wishes to vary any details of the Confirmation, it must notify the Company in writing as soon as possible. The Company shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.
2. 6.2 If, due to circumstances beyond the Company’s control, it has to make any change in the arrangements relating to the Confirmation it shall notify the Client forthwith. The Company shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
3. 6.3 The Company reserves the right to do the following:
a) amend any accidental error or omission in a Quotation;
b) amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company;
c) vary its schedule of charges from time to time.
7. Sub-Contracting
The Company [may] sub-contract the performance of any of its obligations under this Agreement without the prior written consent of the Client. Where the Company sub- contracts the performance of any of its obligations under this Agreement to any person, the Company shall be responsible for the acts or omissions as if it were an act or omission of the Company itself.
8. Cancellations
8.1 If the Client wishes to cancel the event he may do so at any time by written notice to the Company provided that:-
d) Under no circumstances will the deposit be returnable.
e) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
f) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
7. g) If the cancellation notice is received by the Company less than 28 days before the first day of the Event, the balance of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
8. h) Any additional costs reasonably incurred by the Company in cancelling any arrangements connected with the Confirmation shall be paid by the Client on demand.
2. 8.2 The Company may cancel forthwith any Confirmation at any time if:
1. a) the Client is in breach of any of its obligations hereunder;
2. b) the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
3. c) the Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986;
4. d) the Client ceases or threatens to cease to carry on business;
5. e) any circumstances whatsoever beyond the reasonable control of the Company (including but not limited to the cancellation, through no fault of the Company, of the venue for the Event) necessitate the cancellation for whatever reason of the Event.
3. 8.3 In the event of cancellation under clause 8.2 the Company shall retain any sums already paid to it by the Client without prejudice to any other rights it may have whether at law or otherwise.
4.
9. Liability 9.1 Where an Event is cancelled or terminated and
[where such cancellation or termination occurs due to reasons which are outside the Company's reasonable control the Company shall be entitled to retain from any sums hitherto received from the Client or which may still be due from the Client to the Company hereunder such costs, expenses and disbursements which it has incurred or for which it shall or may be liable in connection with the Event and such contribution to the Company's overhead as shall be reasonable and shall return any balance to the Client. The Company may but shall not be obliged to take such steps as it shall in its discretion consider reasonable to obtain reimbursement of any such costs and expenses and shall subject to deduction of costs incurred in connection therewith reimburse any sums so recovered to the clients.]
OR
[where such cancellation or termination occurs due to reasons which are within the Company's reasonable control the Company shall refund to the Client any deposit received.]
2. 9.2 Except in respect of death or personal injury caused by the Company’s negligence, the Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) in connection with the performance of this contract or with the use by the Client of the services supplied in connection with the Event.
3. 9.3 The Client shall indemnify the Company against all damages, costs, claims and expenses suffered by it arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.
4. 9.4 Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Client shall be joint and several obligations of such persons.
5. 9.5 The Company shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Company's obligations if the delay or failure was due to any cause beyond the Company's reasonable control.
6. 9.6 [If Electrical generators or additional power supplies are required and if the Client does not avail himself of the opportunity of the Company providing an emergency supply (where this is available) the Company shall accept no responsibility for loss or damage howsoever caused as a result of any failure in the primary supply.]
10. Force Majeure
1. 10.1 Neither the Company nor the Client shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-
2. 10.2 act of God, explosion, flood, tempest, fire or accident;
3. 10.3 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
4. 10.4 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
5. 10.5 import or export regulations or embargoes;
6. 10.6 strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Company or the Client or of a third party);
7. 10.7 difficulties in obtaining raw materials, labour, fuel, part or machinery;
8. 10.8 power failure or breakdown in machinery.
11. Waiver
1. 11.1 No waiver by the Company of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which it is given.
2. 11.2 No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
12. Severance
12.1 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
13. Copyright
13.1 The Company reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Company's services or facilities. The Company reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
14. Applicable Law and Jurisdiction
14.1 These terms and conditions shall be governed and construed in accordance with Australian and New Zealand law and the parties shall submit to the non-exclusive jurisdiction of the Australian and New Zealand courts.
WEBSITE TERMS AND CONDITIONS
Terms of Use
Thank you for visiting ‘THE COMEDY EMPIRE’.com.au “‘THE COMEDY EMPIRE’” or “the Site”), a website owned and operated by Nicholas Johns. These Terms of Service (“Terms”) incorporate the Privacy Policy and details in the FAQ which taken together describe the rules that must be obeyed by any person who establishes a connection for access to and use of the Site (“User”).
Accepting the Terms
By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. You may not use the Services if you do not agree to the Terms.
Changes to the Terms of Service
‘THE COMEDY EMPIRE’ is constantly innovating in order to provide the best possible experience for its users. ‘THE COMEDY EMPIRE’ has the right to modify or discontinue any feature or aspect of the Site at any time. ‘THE COMEDY EMPIRE’ also has the right to change the Terms governing any User’s use of this Site at any time. The change in the Terms will be effective immediately upon posting the changes to this Terms page or elsewhere on the Site. Any use subsequent to these changes shall be deemed to constitute acceptance by the User of such modifications, additions, or deletions.
User information
In order to use certain ‘THE COMEDY EMPIRE’ Services, you may be required to provide personal information (such as identification or contact information) as part of the registration process, or as part of your continued use of the Services. You agree that any registration information you give to ‘THE COMEDY EMPIRE’ will be accurate, correct and up to date.
User passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. You agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify ‘THE COMEDY EMPIRE’ immediately at theteam@thegreatsave.com.au
Electronic communications
‘THE COMEDY EMPIRE’ will generally communicate with its Users by electronic means, such as e-mail. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy
Privacy is something we take very seriously at ‘THE COMEDY EMPIRE’. Please see our full privacy policy for details.
Lawful use
User shall not use this site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior approval from ‘THE COMEDY EMPIRE’, (v) that inhibits other users from using or enjoying the Site.
Copyright
All Content and software on the Site is the property of ‘THE COMEDY EMPIRE’, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have receive specific permission to do so in a separate agreement from ‘THE COMEDY EMPIRE’ or by the owners of the Content. Unauthorized use of any content displayed by ‘THE COMEDY EMPIRE’ is a violation of New Zealand, Australian and international copyright laws.
Disclaimers and Limitation of Liability
‘THE COMEDY EMPIRE’ makes no representations or warranties of any kind, express or implied, as to the operation of the Site or to the content, information, products, or services featured on the Site. We provide this Site on an “as is” and “as available” basis. User agrees to use this Site and any Facebook profiles, groups, pages, & events at User’s own risk. User expressly understands and agrees that ‘THE COMEDY EMPIRE’, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing ‘THE COMEDY EMPIRE’ content will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability. To the full extent permissible by applicable law, ‘THE COMEDY EMPIRE’ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ‘THE COMEDY EMPIRE’ does not warrant that this site, servers, or emails sent from the Site are free of harmful components, such as viruses. Neither ‘THE COMEDY EMPIRE’, nor any third parties providing content or services shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defects in, or untimeliness or unauthenticity of, the information contained on this site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising from this. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Indemnification
User agrees to indemnify and hold ‘THE COMEDY EMPIRE’, its affiliates, officers, shareholders, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the site, including use of the Site to provide a link to another site or to upload content or other information to the Site.
Governing Law
These terms of use and the provision of goods and service by us are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.
Privacy Policy
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND OUR WEBSITE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE. At ‘THE COMEDY EMPIRE’, we are very serious about the private nature of your personal information. The privacy of all ‘THE COMEDY EMPIRE’ users is very important. This Privacy Policy describes how we treat the information we collect when you visit our Website and/or register to take part in the sites offerings. Please read this notice carefully and do not hesitate to let us know if you have any questions. This Privacy Policy applies to all of the products, services and websites offered by ‘THE COMEDY EMPIRE’ Ltd. or its subsidiaries or affiliated companies (collectively, ‘THE COMEDY EMPIRE’ “services”). It is designed to help you understand how we collect and use the personal information you decide to share. By using or accessing ‘THE COMEDY EMPIRE’.co.nz you are accepting the practices described in this Privacy Policy. Please note that this Privacy Policy may change from time to time. We will generally post any Privacy Policy changes on this page
How We Use Your Email Address
When you sign up for our mailing lists, a ‘THE COMEDY EMPIRE’ account, or other service or promotion that requires registration, you will be required to provide a valid email address. We will only use this email address to contact you as part of the transaction process, to send you periodic emails that you have subscribed to, or for purposes that are intended to enhance your user experience. We may also occasionally contact you to obtain feedback on a specific merchant deal you have participated in. We will not share your contact information with third parties unless you have opted-in to receiving communications from those third parties, such as in the process of purchasing a voucher.
Opt-out
‘THE COMEDY EMPIRE’ will generally allow you to choose to not receive certain types of email communication from us, except for those that are absolutely necessary. Emails will generally contain a link at the bottom to be removed from our mailing list.
How We Use Your Name
When purchasing a voucher, you may be required to provide the full name of the person who will use it, whether that will be you or the person who will receive the voucher as a gift. We will only share this name with the merchant listed on that voucher. Your full name may be used by the merchant for the purposes of verifying that the voucher is valid. We will also collect your full name during the checkout process to verify your credit card payment info. When signing up for our mailing lists, a ‘THE COMEDY EMPIRE’ account, or other services or promotions that require registration, you may also provide your name at that time so that we can personalize all communications you receive from us.
How We Use Your Financial Information
For certain services, such as our merchant deals, we also request credit card or other payment account information which are maintained in encrypted form on secure servers. We do not share this information with any third party except for those companies responsible for processing credit card transactions for us.
How We Use Your Demographic Information
We will occasionally collect demographic data, such as zip code, gender, and occupation. Providing this information is typically optional but helps us bring you the best deals possible. We use this data to help determine which deals our users would most appreciate. We may also share this data with third parties, such as merchants featured on our site, but only in aggregate. No third party will be able to trace your personal demographic information back to you unless you have given your permission to do so.
How we use information collected from various third party sources
We may combine information you submit under your account with information from other ‘THE COMEDY EMPIRE’ services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
Sharing functionality
At various times, you will be able to easily share content on our site using the share feature. We do not view or store the specific messages that you send through this feature, but we may record the number of times that particular content has been shared.
Cookies, Web Beacons and Unique URLs
Like most sites, ‘THE COMEDY EMPIRE’ makes use of browser "cookies." Cookies are small text files placed on your computer's hard disk by our server. They allow us to quickly check your status as a subscriber and facilitate access to your preferences. ‘THE COMEDY EMPIRE’ will never use cookies to retrieve information from a computer that is unrelated to our site or services. ‘THE COMEDY EMPIRE’ also may use transparent GIF images in emails we send to you. We use these images to track the viewership of emails we send. We may also create unique links in emails to let us know which emails are clicked on.
Your IP Address
We may occasionally collect and store your IP address. This helps us diagnose problems with our servers, administer our site, gather non-personal information about our users, and detect and prevent fraudulent activity. It does not identify you personally in any way.
Information sharing
‘THE COMEDY EMPIRE’ only shares personal information with other companies or individuals outside of ‘THE COMEDY EMPIRE’ in the following limited circumstances:
Release of Personally Identifiable Information
We will not share your Personally Identifiable Information with other parties except as provided below:
We may share your information with Affiliated Businesses. We provide some products or services jointly with other retail merchants who offer discounts through us. These are known as “Affiliated Businesses.” We may share your Personally Identifiable Information with an Affiliated Business so they can contact you regarding a transaction. Sharing this Information will allow an Affiliated Business to market directly to you should they choose to do so. However, we will only share Personally Identifiable Information with an Affiliated Business if you engage in an Identification Activity, and then only to the Affiliated Business involved in that Identification Activity. For example, if you purchase a promotional voucher for a particular retail merchant, we may share your name, email address and city with that merchant.
Usage Information
‘THE COMEDY EMPIRE’ may also collect non-personal, aggregated information about subscribers' use of our site. This information is not personally identifiable and will only be used to find out how visitors to our site use our service. For example, we may view how much time users spend on our site, from which other sites users came, and which links to external sites have been used, among other things. We may share this data with third parties in an aggregated, non-personal form. Such information does not identify you individually.
How to access and update your personal information
Although we take reasonable steps to ensure that all data we use is accurate, we depend on our users to update or correct their personal information whenever necessary. We make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.
Our Security Precautions
We take security concerns very seriously. We use secure server software, known as an SSL certificate, to ensure that sensitive personal and financial information is encrypted. All of our third party partners use similar technology to ensure that your information is very secure.
Links to other websites
‘THE COMEDY EMPIRE’.co.nz may contain links to other websites. ‘THE COMEDY EMPIRE’ is not responsible for the privacy practices of third parties or the content of these websites.
If you have any questions about this Privacy Policy, please feel free to contact us through our website by clicking the "contact us" link.
AFFILIATE TERMS AND CONDITIONS
Affiliate Program Terms and Conditions
1. Commission Rates:
a. Affiliates will be eligible to earn a commission of $300AU (incl GST) when a referral results in that referral booking and hosting a comedy fundraising event, booked through The Comedy Empire at the full booking rate as set out on the affiliates 'profits page'. Affiliates will be required to provide an ABN to receive payments.
b. For affiliates to be eligible for a commission payment, a referral must book and host their first event within 12 months from the date they first enter their details to download the information pack.
d. For affiliates to be eligible for a second or third commission payment where the affiliates referral books (and hosts) a second or third event, the referring affiliate must be an active affiliate member.
d. Where one (1) comedy fundraising event is booked (and hosted) by multiple clients (sharing the cost of the event booking fee) only one commission will be paid for the event. The commission will be split between the affiliates whose referrals booked and hosted the event. Example: Two organisations share the booking fee cost for one (1) fundraising event, therefore the affiliate commission fee ($300) will be shared between the two referring affiliates at $150 (incl GST) each.
e. Affiliate memberships will remain active for 12 months and automatically renew when the affiliate books (and hosts) another event within 12 months of their previous event (this only applies to fundraising affiliates).
2. Payment Schedule:
Commissions will be paid to affiliates within 14 days from the completion date of the comedy fundraising event. Payments will be processed using the payment method specified by the affiliate during the registration process. Affiliates will be required to provide an ABN before receiving any payments.
3. Responsibilities:
a. Promotion: Affiliates are responsible for promoting our comedy fundraising platform through ethical and lawful means, using approved promotional materials provided by us.
b. Referral Tracking: Affiliates must ensure that their unique affiliate link is used to refer potential event hosts. The use of incorrect or unauthorised links may result in the forfeiture of commissions. For a referral to be tracked, the affiliate's referral must enter their details to download the information pack, on the correct affiliate page provided.
c. Accuracy of Information: Affiliates should provide accurate and up-to-date information during the registration process and promptly update any changes.
d. Compliance: Affiliates must comply with all applicable laws, regulations, and guidelines, including the ACCC disclosure requirements when promoting our platform. See here for more information.
4. Restrictions:
a. Prohibited Content: Affiliates are prohibited from using offensive, defamatory, misleading, or inappropriate content in their promotional efforts.
b. Trademark Usage: Affiliates may not use our brand name, trademarks, or copyrighted materials in a way that implies an official partnership or endorsement without prior written consent.
c. Misrepresentation: Affiliates are prohibited from making false claims, misleading statements, or promises regarding the benefits of The Comedy Empire's comedy fundraising service.
d. Spam: Affiliates must not engage in spammy practices, including sending unsolicited emails or messages to promote our platform.
e. Self-Referral: Affiliates may not refer themselves or create duplicate accounts to earn commissions.
f. Outsourcing: Family, friends and associates (within Australia) can help an affiliate to share an affiliates page (if conducted legally and in accordance with our Terms of Conditions and Privacy Policy). However, an affiliate cannot outsource, employ, sub-contract, or use, any type of freelancer, or freelancer platform (in Australia or Overseas) for the purpose of sharing an affiliate page (for example: You cannot use a freelancer platforms such as; Bark.com, Upwork.com, Toptal.com and Fiver.com to help share your affiliate page…)
5. Termination:
We reserve the right to terminate an affiliate's participation in the program at any time and for any reason if we determine that the affiliate has violated any of the terms and conditions outlined in this agreement.
6. Modification of Terms:
We may update or modify these terms and conditions at our discretion. Affiliates will be notified of any changes, and continued participation in the program will constitute acceptance of the modified terms.
7. Data Privacy:
We will collect and process affiliate's personal information in accordance with our Privacy Policy, which can be accessed on our website. As an affiliate, your name, organisation name and referral code may be displayed publicly on The Comedy Empire's website and may be shared with the affiliate's referrals.
8. Terminology: 'Forever free', or 'free forever' means: an affiliate membership will be free for as long as the affiliates membership type is running, or until an affiliate's membership is terminated by either the affiliate or The Comedy Empire.
9. Refusal of Applications: The Comedy Empire retains the right to cancel and event, or refuse any person, or organisation from booking an event if the event is not financially viable for any party or parties involved (example: an event is to far away and travel and accommodation is unacceptably expensive), or we don't feel confident in a persons, or an organisation's ability to be successful in raising funds using our service. This includes any person, or organisation referred to us by an affiliate and in such a case, no affiliate fee will be payable.
10. Referral Discrepancies: If a discrepancy arises where two (or more) affiliates claim to have referred the same person (or organisation) to our service, The Comedy Empire will contact the person (or organisation) to determine which affiliate referred the person (or organisation) to our service and The Comedy Empire will at its sole discretion, decide which affiliate will be eligible to receive commissions. The Comedy Empire's decision will be final.
By signing up as an affiliate and participating in our comedy fundraising affiliate program, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions.
1. Commission Rates:
a. Affiliates will be eligible to earn a commission of $300AU (incl GST) when a referral results in that referral booking and hosting a comedy fundraising event, booked through The Comedy Empire at the full booking rate as set out on the affiliates 'profits page'. Affiliates will be required to provide an ABN to receive payments.
b. For affiliates to be eligible for a commission payment, a referral must book and host their first event within 12 months from the date they first enter their details to download the information pack.
d. For affiliates to be eligible for a second or third commission payment where the affiliates referral books (and hosts) a second or third event, the referring affiliate must be an active affiliate member.
d. Where one (1) comedy fundraising event is booked (and hosted) by multiple clients (sharing the cost of the event booking fee) only one commission will be paid for the event. The commission will be split between the affiliates whose referrals booked and hosted the event. Example: Two organisations share the booking fee cost for one (1) fundraising event, therefore the affiliate commission fee ($300) will be shared between the two referring affiliates at $150 (incl GST) each.
e. Affiliate memberships will remain active for 12 months and automatically renew when the affiliate books (and hosts) another event within 12 months of their previous event (this only applies to fundraising affiliates).
2. Payment Schedule:
Commissions will be paid to affiliates within 14 days from the completion date of the comedy fundraising event. Payments will be processed using the payment method specified by the affiliate during the registration process. Affiliates will be required to provide an ABN before receiving any payments.
3. Responsibilities:
a. Promotion: Affiliates are responsible for promoting our comedy fundraising platform through ethical and lawful means, using approved promotional materials provided by us.
b. Referral Tracking: Affiliates must ensure that their unique affiliate link is used to refer potential event hosts. The use of incorrect or unauthorised links may result in the forfeiture of commissions. For a referral to be tracked, the affiliate's referral must enter their details to download the information pack, on the correct affiliate page provided.
c. Accuracy of Information: Affiliates should provide accurate and up-to-date information during the registration process and promptly update any changes.
d. Compliance: Affiliates must comply with all applicable laws, regulations, and guidelines, including the ACCC disclosure requirements when promoting our platform. See here for more information.
4. Restrictions:
a. Prohibited Content: Affiliates are prohibited from using offensive, defamatory, misleading, or inappropriate content in their promotional efforts.
b. Trademark Usage: Affiliates may not use our brand name, trademarks, or copyrighted materials in a way that implies an official partnership or endorsement without prior written consent.
c. Misrepresentation: Affiliates are prohibited from making false claims, misleading statements, or promises regarding the benefits of The Comedy Empire's comedy fundraising service.
d. Spam: Affiliates must not engage in spammy practices, including sending unsolicited emails or messages to promote our platform.
e. Self-Referral: Affiliates may not refer themselves or create duplicate accounts to earn commissions.
f. Outsourcing: Family, friends and associates (within Australia) can help an affiliate to share an affiliates page (if conducted legally and in accordance with our Terms of Conditions and Privacy Policy). However, an affiliate cannot outsource, employ, sub-contract, or use, any type of freelancer, or freelancer platform (in Australia or Overseas) for the purpose of sharing an affiliate page (for example: You cannot use a freelancer platforms such as; Bark.com, Upwork.com, Toptal.com and Fiver.com to help share your affiliate page…)
5. Termination:
We reserve the right to terminate an affiliate's participation in the program at any time and for any reason if we determine that the affiliate has violated any of the terms and conditions outlined in this agreement.
6. Modification of Terms:
We may update or modify these terms and conditions at our discretion. Affiliates will be notified of any changes, and continued participation in the program will constitute acceptance of the modified terms.
7. Data Privacy:
We will collect and process affiliate's personal information in accordance with our Privacy Policy, which can be accessed on our website. As an affiliate, your name, organisation name and referral code may be displayed publicly on The Comedy Empire's website and may be shared with the affiliate's referrals.
8. Terminology: 'Forever free', or 'free forever' means: an affiliate membership will be free for as long as the affiliates membership type is running, or until an affiliate's membership is terminated by either the affiliate or The Comedy Empire.
9. Refusal of Applications: The Comedy Empire retains the right to cancel and event, or refuse any person, or organisation from booking an event if the event is not financially viable for any party or parties involved (example: an event is to far away and travel and accommodation is unacceptably expensive), or we don't feel confident in a persons, or an organisation's ability to be successful in raising funds using our service. This includes any person, or organisation referred to us by an affiliate and in such a case, no affiliate fee will be payable.
10. Referral Discrepancies: If a discrepancy arises where two (or more) affiliates claim to have referred the same person (or organisation) to our service, The Comedy Empire will contact the person (or organisation) to determine which affiliate referred the person (or organisation) to our service and The Comedy Empire will at its sole discretion, decide which affiliate will be eligible to receive commissions. The Comedy Empire's decision will be final.
By signing up as an affiliate and participating in our comedy fundraising affiliate program, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions.
