Terms & Conditions
Comedy Lounge Pty Ltd (“Comedy Lounge Pty Ltd,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, comedylounge.com.au, www.comedylounge.courses (the “Websites”).
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE COMEDY LOUNGE AT YOUR SOLE RISK.
By purchasing any Comedy Lounge Products, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your success in stand up comedy, comedy writing or performing. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, performance and networking skills, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Description and use of our websites
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Comedy Lounge community.
Comedy Lounge’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Websites to engage in any commercial activities;
- If you post any Registered User Content, you will stay on topic;
- You will not access or use the Websites to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
- You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
The Websites are only available for individuals aged 16 years or older. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Sign-in name; password; unique identifiers
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Comedy Lounge will not be liable for any loss or damage caused by any unauthorized use of your account.
Fees, payment and refund policy
As consideration for any purchase you make on the Websites, you shall pay Comedy Lounge all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in Australia, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside of Australia or any of its possessions or territories, all payments will be charged in U.S dollars.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Comedy Lounge to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Refund Policy – All Comedy Lounge Courses
At Comedy Lounge, we are so confident that you will get results that we give you an entire 30 days to complete the course, do the work and put what you’re taught to the test.
We want you to give your best effort to apply all the strategies taught in the course and give yourself the best chance at success, which is why if we don’t hold you accountable to putting in the work, we’re doing you a disservice.
This course has been stress-tested to make sure that as long as you follow the modules and complete the action items for each lesson, you will get results.
This is why when you enroll in any of our courses as a student, you get a “30 Day Guarantee.” The guarantee states that if you enroll in one of our courses, watch all the video lessons, complete all of the required work and action items, and still don’t see results within the first year (30 days), we will provide a full refund.
Our 30-Day Guarantee is governed by the following terms.
In order to qualify for a refund, you must have completed the course, and email us within 30 days from your enrolment date, including proof that you did the work in the course and it did not work for you. You must include your completed coursework with your request for a refund, as well as the required assignments (specific to each course). If you request a refund and do not include your completed coursework by the 30th day, you will not be granted a refund.
If you haven’t completed the course or the required assignments, then you won’t be eligible for the guarantee. We’ll ask for your completed coursework and ask what didn’t work for you (so we can learn and improve).
For All Courses:
The work that you need to submit with your request for a refund includes ALL of the following items, as well as the specific requirements outlined for each course (see below).
- Requirement 1: Complete the course
- Requirement 2: Complete & attach the course workbook filled in with your notes/answers, to show that you’ve taken the time to apply the course lessons
- Requirement 3: Tell us why this course was not a good fit for you and your needs. What did you expect that you did not get once inside the program?
Compliance with applicable laws
The Websites are based in Australia. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Australia. If you access the Websites or the Content from outside of Australia, you do so at your own risk. Whether inside or outside of the Australia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
Digital millennium copyright act
Comedy Lounge respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Comedy Lounge Pty Ltd
Upstairs, 413 Murray Street Perth 6000 Western Australia
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Class action wavier
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
This AFFILIATE AGREEMENT (“Agreement”) contains the terms and conditions that apply to your participation as an affiliate (“you,” “yours,” or “Affiliate”) in the Affiliate Program of Comedy Lounge Pty Ltd., (“we,” “us,” “our,” or the “Company”), having an address of Upstairs, 413 Murray Street, Perth 6000 Western Australia
Affiliate represents and warrants to Company that Affiliate has read and understands the Company Policies that are set forth herein and/or on its website and agree to the terms set forth therein. Our Affiliate Program is administered through our Company pursuant to the policies at our Company website, as well as stated herein.
Affiliate acknowledges that it may participate in the Affiliate Program only under the terms and conditions set forth below and that subsequent to Company accepting this Agreement, Company will, in its sole discretion, determine whether or not to accept Affiliate into Company’s Affiliate Program.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement.
All Affiliates must be 18 years of age or older. If you are under 18 years of age, you are not permitted to be an Affiliate.
Term and Termination
The term of this Agreement will begin when you accept the Agreement, and will end when terminated by either party. Either the Company or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to Company’s Web Site and all other materials provided in connection with this Agreement, if any. You are only eligible to earn commissions on sales occurring during the Term, and commissions earned through the date of termination with remain payable only if the product orders are not canceled. Company may withhold final payment for a reasonable time to ensure against cancellation.
Company reserves the right not to accept any site into the Affiliate Program based on-site content or that in our sole discretion are not suitable for our Affiliate Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable. Sites that Do Not Qualify for the Affiliate Program include sites which:
- Promote illegal activities
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote sexually explicit materials
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of a third party.
Affiliate agrees to receive email from Company, including but not limited to, promotional materials, newsletters, and other correspondence. Affiliate agrees to only present Company, Company products and services as authorized by Company in Company’s Web Site or Company materials. Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated by the Company or in Company Web Site. Affiliate also agrees not to reproduce commission checks or distribute commission checks in any form or by any means. Affiliate further agrees not to disparage or misrepresent Company, Company products or services other Company Affiliates in any manner. Affiliate understands that disparagement or misrepresentation may result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Company reserves all rights in its trademarks, copyrights, and other intellectual property. Comedy Lounge, Comedy Lounge mastering your first five minutes in comedy. registered trademarks of Company and/or its related companies. Affiliate agrees not to use any intellectual property of Company unless Company gives explicit permission to Affiliate. For example, Affiliate agrees not to use any domain name that contains any variation of Company’s trademarks (such as comedylounge.com.au, etc.).
Affiliate will typically receive a percent or fixed amount of the sale as a commission from orders placed through our Affiliate Site (unless noted otherwise for a particular product), minus the amount of any returns, chargebacks, taxes or shipping and handling charges. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links. Affiliate cannot earn a commission by purchasing products from Company using Affiliate’s own affiliate link if it is the first sale made by Affiliate for the respective promotion. Once Affiliate has made at least one valid, non-refunded sale to a third party for the respective promotion, then Affiliate can receive a commission for products that Affiliate purchases from Company through Affiliate’s own affiliate link.
All Affiliate payments will be made through Paypal on a monthly basis, usually in U.S. dollars or Australian dollars, for sales that were made in a prior period, after the refund period has expired. If a sale is canceled or refunded, any paid commission will be deducted from a subsequent payment. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. Company reserves the right to deduct, in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
Company will only pay commissions on sales that are tracked through our tracking system and indicate Affiliate as the source of the visit to Company Web Site. Affiliate has no right to commissions if a buyer later returns to the Company site through another Affiliate link or source and makes a purchase.
Affiliate has no right to commissions based upon subsequent sales, or where “cookies” are used, overwritten or deleted, even where the customer first arrived at the Company site through your Affiliate link. Commissions will only be paid when the buyer makes a purchase on the same visit using your Affiliate Link of with your “cookie” indicating you as the Affiliate.
Company or its representatives will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your site as a “reseller” and no “resale” rights are granted in ANY way on these products unless otherwise noted.
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Company. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. For example, in order to protect the privacy of Customers as required by applicable laws, Company will not share details about Customers with Affiliate, except to indicate that a sale was made by Affiliate. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Company policies will always determine the price paid by the customer.
Unsolicited Commercial Email or SPAM
Company has no tolerance for, and in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this Agreement and immediate dismissal from Company’s Affiliate Program, with no further commissions being owed to you. Affiliate agrees to comply with all Australian state and territory laws regarding SPAM, including, but not limited to the CAN-SPAM act. Company may report spam, along with all spammer’s identifying information, to the Federal Trade Commission and other agencies for civil and criminal prosecution. For the purpose of this Agreement, SPAM is defined as emailing ANYONE, in bulk or by single mailing, about Company, Company products or services, who has not specifically requested to receive information directly from Affiliate. Company also considers any type of advertisement posted to a forum, web site, or other location that is in violation of that respective site’s respective posting/advertising policies to be SPAM.
Limitation of Liability
Company will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. The Company’s aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under to this Agreement. Further, our obligations and Affiliate remedies are solely and exclusively as described and limited in this Agreement and if applicable, on the Company’s Web Site Affiliate information.
Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the Company, Company products and services and Company’s Affiliate Program. Affiliate agrees to hold Company harmless from same.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
The Company location is stated in the first paragraph of this Agreement, and as an Affiliate you agree that this offering is made from the Company’s location and shall be governed by the laws of the State where the Company is located in Australia.
Jurisdiction and Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State the Company is located in, as stated herein, without regard to any conflict of law rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State where the Company is located. In addition, Affiliate agrees to submit to the jurisdiction of the courts of the State where the Company is located, and that any legal action pursued by Affiliate shall be within the exclusive jurisdiction of the courts of the city and state where the Company is located.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
The Company reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any and all such amendments will apply to the Affiliate. The continuation of Affiliate status, promoting or marketing the Company, Company products or services, or Affiliate’s acceptance of income, shall constitute Affiliate’s acceptance of any and all amendments. Affiliate agrees to review this Agreement for any changes or additions, monthly or at the beginning of each affiliate payout cycle, whichever is sooner.
In the event that any provision of this Agreement is held to be invalid or unenforceable, said provision shall be reformed only to the extent necessary to make it enforceable, and the balance of this Agreement will remain in full force and effect.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
For further information, please contact us at the email address indicated on the affiliate signup email confirmation, or send a letter to our address noted in the first paragraph.