9th Entertainment Limited (“9th Entertainment”) provides ticketing services, including the sale and distribution of tickets, as stand alone distribution for the venue Club Kong, promoter or person responsible for holding the relevant event (the “Club Kong”). In providing these services, 9th Entertainment owns and operates www.clubkong.co.nz (the “Site”).
Please read these Terms and Conditions carefully before purchasing a ticket, VIP booth or function room booking. By purchasing products or services from 9th Entertainment, you agree to be bound by these Terms and Conditions.
These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).
Nothing in these Terms and Conditions is intended to limit your rights under the Consumer Guarantees Act 1993.
Variation to Terms and Conditions
9th Entertainment may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.
Additional Club Kong Terms and Conditions
Each ticket is also sold subject to any additional terms and conditions of the Club Kong for the particular event (“Club Kong’s Terms”). The Club Kong’s Terms may be disclosed as part of the event information on Club Kongâs website and at 9th Entertainment ltdas at the time of purchase. The Club Kong’s Terms are also available from 9th Entertainment on request.
General Terms and Conditions
9th Entertainment acts on behalf of Club Kong as agent in the sale of all tickets. As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of the Club Kong and, except to the extent required by law (including the Consumer Guarantees Act 1993) 9th Entertainment otherwise has no liability to you.
Refunds, exchanges and replacements
9th Entertainment will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Consumer Guarantees Act 1993). You must apply for a refund within a reasonable time. 9th Entertainment does not offer refunds or exchanges as a result of a change in your personal circumstances.
If an event is cancelled, rescheduled, Club Kong to the fullest extent permitted by law all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. To the fullest extent permitted by law neither 9th Entertainment nor the Club Kong will be liable for any other losses incurred by you as a result of the cancellation, or rescheduling of an event, including any travel and accommodation expenses.
9th Entertainment will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. 9th Entertainment may charge a reasonable fee for the replacement of tickets. 9th Entertainment may not replace tickets where seating is unallocated (general admission tickets).
Variations to performances or events
Club Kong reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, seating arrangements (including ticket categories) and audience capacity.
Conditions of entry
Admission to an event is subject to the Club Kongâs Terms. In particular, the following form part of the Club Kongâs terms unless otherwise specified:
You may be denied entry into, or removed from, an event where the Club Kong has reasonable grounds to do so, including if you breach these Terms and Conditions or the Club Kong’s Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others.
If you arrive late, you may not be admitted until a suitable break in the event.
You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).
You may be required to submit to a search of your person and/or possessions before entering the event.
Authenticity and validity of tickets
Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from 9th Entertainment or other authorised points of sale.
Resale of tickets & scalping
Tickets may not, without the prior written consent of 9th Entertainment and the Club Kong, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder may be refused admission. 9th Entertainment and/or the Club Kong will take all reasonable steps to notify you of 9th Entertainment’s intention to cancel the ticket or render it invalid within a reasonable time before cancelling it or rendering it invalid.
SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.
Collection and delivery of tickets
You must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when choosing your collection/delivery details. In the interests of minimising ticket scalping, 9th Entertainment may change your delivery method to “venue collect” at its discretion.
Where concessions are applicable, suitable and valid identification must be provided for collection of tickets and at the event.
Limitations on number of tickets purchased
When purchasing tickets for a particular event you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by 9th Entertainment at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping.
While 9th Entertainment takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. 9th Entertainment may cancel an order made as a result of any such error, although in the case of a pricing error 9th Entertainment will endeavour to contact you to give you the option of purchasing the ticket at the correct price.
The term “including” when used in these Terms and Conditions is not a term of limitation.