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Terms & Conditions

Introduction

 

Last update: 2023-08-08

 

Thank you for visiting the McLaren Circus website (Website). Please take the time to read and understand our site's Terms and Conditions and our Privacy Policy. The following Terms and Conditions constitute a legal document that describes your rights and responsibilities as a user.

 

By using our Website, you agree to be bound by these Terms and Conditions. Therefore, if you do not agree to these Terms and Conditions or any other McLaren Circus policies, do not use this Website.

 

The Internet is evolving, and so is the McLaren Circus. This means that there will be changes, from time to time, to our Website, and including these Terms and Conditions. Any modifications to our Terms and Conditions will be included on this page, and your use of the Website after modifications have been made constitutes acceptance of the Terms and Conditions as modified.

Ticketing Terms & Conditions:

 

Ticket sales, for a selected McLaren Circus show, are final and non-refundable. Tickets are valid only for the date and time indicated on them and are void thereafter.

 

Late seating is at the discretion of management - we do reserve the right of entry, during specific acts, for the safety of the performance and to reduce any distraction.

 

Only circus food, drinks and merchandise are permit inside our venue. Personal photography and videography, during the performance is not permitted. Backpacks and large bags are not allowed inside the big top.

 

If applicable, the assigned seat printed on the ticket is reserved for the ticket holder, we do reserve the right to adjust seats accordingly. This ticket admits one and is void if altered.

Tickets are non-refundable, non-transferable and may not be resold.

 

Complimentary tickets are not exchangeable or redeemable for any benefit.

 

Ticket holders assume all risks occurring before, during and after the ticketed event including but not limited to injury to person or property by any cause, and hereby releases McLaren Circus, its hosts, employees, volunteers, students, affiliates, insurers, and agents from and against any related claims.

 

Entry to the event constitutes consent for McLaren Circus to use any film, video, name or likeness of the ticket holder for promotional purposes without compensation to the ticket holder.

Refund & Exchange Policy:

Ticket sales are final and non-refundable. Tickets are valid for date and time indicated on the tickets and are void thereafter.

 

Ticket changes will be accommodated: 

24 hours prior to the bought ticketed performance and newly selected performance, limited to:

  • Availability of seats

  • Communication sent and confirmed over

  • Payment for the change, of R10.00 per ticket, is processed as successful.

  • Exchanges are not permitted on the day of the event or after an event has taken place.

  • Exchanges may only be done over What'sApp: +27 82 747 5726 or in person at our onsite ticket office.

 

Between 24 hours and 2 hours prior to the bought ticketed performance and newly selected performance, limited to:

  • Availability of seats

  • Communication sent and confirmed over

  • Payment for the change, of R50.00 per ticket, is processed as successful.

  • Exchanges are not permitted on the day of the event or after an event has taken place.

  • Exchanges may only be done over What'sApp: +27 82 747 5726 or in person at our onsite ticket office.

NO CHANGES CAN BE ASSISTED WITH TO TICKETS THAT ARE UNDER 2 HOURS PRIOR TO THE BOUGHT TICKETED PERFORMANCE AND NEWLY SELECTED PERFORMANCE.

 

Death-related exchanges: We are companionate and will treat these cases with sensitivity. To exchange tickets, we will require an official death report or death certificate. Thereafter, we will gladly exchange your tickets for an available show. Documentation required to state date within 1 day of issued ticket's date.

 

Accident-related exchanges: To exchange tickets, we will require an official accident report or hospital certificate. Thereafter, we will gladly exchange your tickets for an available show. Documentation required to state date within 1 day of issued ticket's date.

 

Content

 

This Website contains information including, without limitation, reports, data, applications, special offers, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, copyrights, other intellectual property, and proprietary rights and other material (collectively Content) belonging to McLaren Circus or to third parties who may from time to time associate themselves with McLaren Circus for the presentation of shows or for any other activities.

 

You acknowledge that the Content belongs exclusively to its respective owner. It is therefore forbidden to copy, modify, amend, delete, augment, publish, transmit, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Content without the express authorization of each respective owner.

 

By using this Website, you acknowledge and agree that all Content is protected by copyright, trademark and other intellectual property and proprietary rights in effect in South Africa and worldwide, and that these rights are valid and protected in all forms, mediums and technologies that exist now or are developed or created in the future. No right, title or interest in any Content on this Website, including, but not limited to, <McLaren Circus logos and other marks, is transferred to you as a result of your use of this Website and McLaren Circus reserves complete title and full intellectual property rights in and to such Content.

 

A hyperlink from our Website to another does not mean or imply that we approve of or recommend the content of a website that does not belong to McLaren Circus. This Website may also incorporate content such as videos and images provided or made available through third parties, including, Instagram, Facebook, and Twitter. These third parties have their own website policies that may govern your use and viewing of such incorporated content, including terms that govern their usage and collection of your data. McLaren Circus is not responsible for the actions, terms of use and privacy policies of third parties and strongly encourages you to read each of their respective website policies. 

 

Your obligations as a user

 

To use this Website, you must have reached the legal majority as prescribed by local laws where you are visiting the Website.

 

By visiting this Website, you agree not to post, publish, transmit or communicate messages that might involve a criminal offence or that could be detrimental to McLaren Circus.

 

Any illegal or unauthorized use of our Website shall constitute a violation of our Terms and Conditions. You do not have permission to access our Website in any way that violates these Terms and Conditions, the laws or regulations of South Africa or the country from which you are visiting the Website. Illegal or unauthorized use of our Website includes, but is not limited to: (i) using the Website in a way that would facilitate illegal ticket sales, copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part; or (ii) using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of this Website or any network connected to the Website or reproduce or circumvent the navigational structure or presentation of the Website or any Content.

 

User Content Submission Terms

 

As a user of this Website, you may submit, upload, post, or otherwise make available to McLaren Circus to or through this Website, profiles, messages, text, files, images, photos, videos, music, sounds, or other content, materials or information (collectively, “User Content”). You may also agree to make your User Content available to McLaren Circus by posting content with hashtags related to McLaren Circus, including, for example, #McLarenCircus, on third party companies’ websites such as Instagram, Twitter and Facebook.

 

By submitting, uploading, posting or otherwise making the User Content available to McLaren Circus to or through this Website, you represent and warrant that:

(i) the User Content does not violate these Terms and Conditions or any applicable law or regulation, nor does it cause injury to any person or entity;

(ii) you own or have the legal right to grant McLaren Circus the right to use the User Content;

(iii) You may not impersonate another or mislead McLaren Circus as to the origin of the User Content;

(iv) the User Content submitted does not violate any copyright, intellectual property, trademark, trade secret, patent, privacy or publicity right or any other right of any third party;

(v) the User Content you submitted is not profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, or otherwise objectionable or harmful;

(vi) the User Content may not contain any software viruses, commercial solicitation, political campaigning, or any form of ‘’spam’’ or other undesirable elements. It is also prohibited to submit any executable files or any computer codes or programs to or through the Website.

 

You agree that the User Content submitted may be selected to be displayed publicly on this Website, along with your name, profile picture and any information related to your Instagram, Facebook or Twitter account, without compensating you in any way. McLaren Circus may, but is not legally obligated to, review, monitor, edit, deny, restrict or remove any and all User Content submitted to or through this Website at its sole discretion. As such, McLaren Circus has no obligation to select the User Content you have submitted for public display.

 

You agree and acknowledge that you are solely responsible for your own User Content and that McLaren Circus assumes no liability for any User Content you have submitted. To the fullest extent permitted by applicable law, you hereby perpetually and unconditionally release and discharge McLaren Circus, any of its employees, directors, officers, administrators, agents, or third parties with whom it associates itself from time to time, from any claim or liability arising from or related to the User Content you have submitted. You agree to indemnify McLaren Circus for all losses resulting from any and all claims related to or arising out of the User Content you have submitted, including copyright or trademark infringement claims related to your User Content as well as for any breach or alleged breach of these Terms and Conditions. You agree to hold McLaren Circus harmless from any and all damage you incur through the viewing or usage of the User Content submitted to the Website by other users.

You hereby grant to McLaren Circus, its affiliated entities, vendors and licensees, a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, disclose, publish, distribute, assign, translate, create derivative works of, perform and display your User Content, in whole or in part, including future rights that McLaren Circus may otherwise become entitled to that do not yet exist. You grant McLaren Circus, its affiliated entities, vendors and licensees the right to use your name, Instagram, Twitter and Facebook profile picture and username, image, likeness, comments, captions, posts, statements or other information, for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer codes or original artwork. For clarity, you retain the ownership rights in your User Content. You hereby irrevocably, expressly and perpetually waive any and all moral rights or equivalent non-economic rights you may have in and to the User Content, in favor of McLaren Circus, its affiliated entities, vendors and licensees.

 

Disclaimers of Warranties

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

A) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.

 

B) WITHOUT LIMITING THE FOREGOING, CIRQUE DU SOLEIL ENTERTAINMENT GROUP DOES NOT ENDORSE, WARRANT OR REPRESENT THAT: (I) THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

 

C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT CIRQUE DU SOLEIL ENTERTAINMENT GROUP OR ANY OF ITS OR LICENSORS, OR THIRD PARTIES WITH WHOM IT ASSOCIATES ITSELF FROM TIME TO TIME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

D) WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CIRQUE DU SOLEIL ENTERTAINMENT GROUP OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL MCLAREN CIRCUS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, OR THIRD PARTIES WITH WHOM IT ASSOCIATES ITSELF FROM TIME TO TIME, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Indemnification

 

You are responsible for your postings on this Website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to this Website or if somebody else uses your name or your password to cause damage to this Website or harm to McLaren Circus, you will be held responsible. Do not reveal your password to anyone.

 

In addition, you agree to indemnify and hold harmless McLaren Circus, its directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of McLaren Circus and any third parties with whom it associates itself from time to time, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from the use of this Website.

 

Suspected violation

 

Violation of these Terms and Conditions and of any other McLaren Circus policies or agreement, including unauthorized use of the Website, may be investigated and suitable legal actions may be taken, including, without limitation, civil, criminal and injunctive remedy. You understand and agree that McLaren Circus may, at its sole discretion and without prior notice, terminate your access to the Website or exercise any other remedy it sees fit, if McLaren Circus deems, at its sole and exclusive discretion, your conduct or the conduct of any person whom it believes you act in concert with, violates or is in breach with these Terms and Conditions or the law, or violates the rights of McLaren Circus or any third parties with whom it associates itself from time to time, a client of McLaren Circus or any other user on our Website.

 

Governing Law

 

This Website is operated from the City of Cape Town, Western Cape, South Africa. Any legal conflict between a user and McLaren Circus is therefore subject to the laws of the province and the applicable laws of South Africa, without regard to its conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the City of Cape Town, Western Cape, South Africa in respect of any action or proceeding arising out of or related to this Website.

Other Terms

 

These Terms and Conditions, including the Privacy Policy, constitute the entire agreement between you and McLaren Circus with respect to your use of the Website. These Terms and Conditions replace all previous agreements between you and McLaren Circus. Do note that you may also be subject to additional terms and conditions when using certain services provided by McLaren Circus or third parties such as the Purchase Policy.

 

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or provision. If any term or provision of these Terms and Condition or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms and Conditions will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the full extent permitted by the applicable law. In lieu of each term or provision of these Terms and Conditions which is invalid or unenforceable, there shall be added as a part of these Terms and Conditions a term or provision as nearly identical as may be possible and as may be legal, valid and enforceable.

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