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Terms and Conditions of our promotions, General company information.

Terms and Conditions of our promotions, General company information.

The following terms and conditions (Terms) set out the basis on which Portrait Hub Pty Ltd ABN 28 645 111 879 (Portrait Hub Pty Ltd) agrees to provide goods and services to you (Customer). 
 

Promotional Invitations:

  1. On all social media promotions or competitions, scoopen, Groupon or any other invitation, including personally handed invitations, there is a limit of one (1) session per immediate family per year. 

  2. Invitations may not be grouped together and used to receive extra images, 

  3. Invitations may be extended on request. Maximum 12 months 

  4. Invitations may be cancelled by Portrait Hub Pty Ltd if misused, abused or fraudulently obtained.  

Share the Love.

  1. Share the Love (herein known as STL) is a promotion ran through our promotions partners Wishpond and is in no way associated with Facebook paid promotions. Information gathered in this promotion is not shared with Facebook or its associated companies or businesses. 

  2. This is a popular voting system. 

  3. The winner is chosen at random by either Wishpond or Portrait Hub Pty Ltd, (herein known as Portrait Hub)

  4. Only one vote per person is allowed. Duplicate votes will be removed. 

  5. This competition is only open to Australian residents. Voters from outside of Australia will be removed and not counted.

  6. The competition will run for 30 days or unless otherwise drawn to an end by Portrait Hub or any representative of Portrait Hub such as Wishpond.

  7. Portrait Hub employees have the right to remove any STL votes that do not comply with any conditions set out in this document. 

  8. The value of the images received cannot be used as cash towards extra purchases.

  9. By filling out your voting choice and voting for your friends or family, users agree to opt-in to receive information via our communications medium regarding bookings, internal promotions or booking requests via phone, text or email.

  10. PLEASE NOTE: Entering the personal details of an individual who is not you in order to gain false votes is a breach of Terms & Conditions, will be considered voter fraud, not counted and will result in disqualification from the Campaign.

  11. The promotor is Portrait Hub PTY LTD, 222 Victoria Road Drummoyne, NSW 2040. This promotion is run through Wishpond.

  12. Only one entry will be accepted per Session. 

  13. There is no entry fee and no purchase necessary to enter this competition.

  14. The competition is open to residents of Australia aged 18 years or over.

  15. Staff and other associated members of Portrait Hub PTY LTD and relatives or anyone otherwise connected with the organisation or judging of the competition are not permitted to enter or vote.

  16. By entering this competition an entrant is indicating his/her agreement to be bound by these terms and conditions.

  17. Players have been advised on how to enter the competition and details of how to enter were sent to players via email on or after your session day with Portrait Hub Pty LTD.

  18. NO votes will be counted after the ending date of the competition.

  19. Share the Love competition rules and how to enter:

  20. Entrants are provided with a Voting Page that includes their favourite image taken by Portrait Hub. Entrants should share their voting page with friends and family in order for their friends and family to vote for them to win the Campaign. Votes are counted for 8 days. The Entrant with the most votes win. 

  21. Portrait Hub reserves the right to cancel or amend the competition or the terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Portrait Hub’s control. Entrants will be notified of changes to the competition by Portrait Hub as soon as possible.

  22. Portrait Hub is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
    The prize is as follows:

  23. The prize is as stated and at other times alternative and additional prizes will be offered. The prizes are not transferable. Prizes cannot be used to receive images from another Session or Client from Portrait Hub

  24. Winners' votes will be counted and verified by Wishpond.com software, from all votes received and verified by Wishpond.com and Portrait Hub Pty Ltd. 

  25. Voters must supply a legitimate name, email address and mobile number when voting. Illegitimate information will result in a vote not being counted. Any entrant using details of others without their consent in order to cast an illegitimate vote will be disqualified and all individuals whose details have been used without consent will be notified of the breach. 

  26. The winners will be notified by phone call and/or SMS within four (4) days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

  27. Portrait Hub will notify the winner when and where the prize can be collected or delivered.

  28. Portrait Hub's decision in respect of all matters to do with the competition will be final and no correspondence will be entered in to.

  29. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

  30. The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

  31. Any personal data relating to the winner or voters will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

  32. Entry into the competition will be deemed as acceptance of these terms and conditions.

  33. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Portrait Hub Pty Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found on the Portrait Hub website 

  34. Portrait Hub‘s decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.

  35. Portrait Hub also reserves the right to cancel the competition if circumstances arise outside of its control.

Movie Tix Giveaways.

At times Portrait Hub may give away movie tickets as outlined in a current promotion. When this offer is in operation the following applies.

  1. Tickets will be sent to clients via email as a digital download shortly after the viewing of your images. Alternately, we may print them and hand them to you at the completion of your viewing.

  2. Tickets may be a giveaway if you cannot use them. 

  3. Tickets will be (2) two only unless otherwise stated in the promotion. 

  4. Tickets may or may not include popcorn and drinks. This is purely dependent on availability.

  5. The value of the tickets cannot be used as cash towards extra purchases.

Social Media promotions:

We may at times run promotions through Facebook, Instagram, or other social media platforms.

  1. Portrait Hub is not responsible for any information retained by these platforms.

  2. The information Portrait Hub gathers is only for the use of Portrait Hub and is not shared, sold or passed on to any other persons, businesses, or companies.

  3. The data is held within our customer management system only. 

  4. By filling out your voting choice and voting for your friends or family, users agree to opt-in to receive information via our communications medium regarding bookings, internal promotions, or booking requests via phone, text, or email.

Win a 6 x 6 Acrylic block promotion.
Our 6 x 6 Acrylic block give way is a promotion where we give away 4 Acrylic blocks a week when active.

One to accompany a 10 image digital winner and 3 x second places winners each week.  
Our first-place winner will receive a photoshoot with 10 digital images, high resolution, fully edited, and retouched. They will also receive a 6x6 inch acrylic block using one of the images they choose from their 10 complimentary images.  

Three (3) second place winners will also receive a 6 x 6 block and high resolution, and a single fully edited and retouched digital image.  We will also give away 75 runners-up prizes of a high resolution, fully edited, and retouched single digital image.

The 3 second-place winners who are chosen will be the first 3 bookings for that week of the campaign and must complete the shoot and view of images in order to qualify for the 6x6 Acrylic block.  They must not reschedule their session. Any reschedules will forfeit the Acyclic block. 

General 

1 DEFINITION

Business day means a day that is not a Saturday, Sunday, or public holiday in New South Wales.

Goods and Services Tax (or GST) means the tax established under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and any tax that succeeds it with similar characteristics.

Rates mean the rates charged by Portrait Hub Pty Ltd in accordance with the rates posted on this at www.portraithub.com.au at the time of booking.

2 INTERPRETATION

The following rules of interpretation apply unless the context requires otherwise:

(a) the singular includes the plural and conversely;

(b) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;

 (d) a reference to legislation or to a provision of that legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument under it; and

(e) unless otherwise stated, “$” is a reference to Australian dollars.

3 RATES AND DEPOSIT

3.1 Weekend sessions require a fully refundable $75 studio holding deposit which is payable at the time of booking to reserve your session. This deposit may be retained if you fail to attend your booked session time and date or fail to give more than 48 hours prior notice to the session time and date.

3.2 Customer agrees that the deposit payable at clause 3.1 is a reasonable cancellation charge to cover Portrait Hub Pty Ltd’s costs in the event of a cancellation. 

3.3 Portrait Hub Pty Ltd may, in its sole discretion, allow the deposit to be applied to a re-scheduled session provided that the Customer has provided at least (5) five business days’ notice of the re-scheduled session.

3.4 The Customer is deemed to have accepted these Terms by placing an order with Portrait Hub Pty Ltd. If these terms and conditions are received by the Customer but unsigned, and if the Customer places an order with Portrait Hub Pty Ltd for the goods, these terms and conditions are deemed to have been accepted and the rates payable within these terms are payable by the Customer. These terms will take precedence over and supersede any other document or terms previously agreed or provided subsequently by the Customer.

3.5 The granting of any credit by Portrait Hub Pty Ltd is at Portrait Hub Pty Ltd’s sole discretion which can be withdrawn or varied by Portrait Hub Pty Ltd at any time.

3.6 Interest at the rate of 2% per month is payable on any overdue amounts from the date when payment was due to the date of actual payment (whether before or after judgment) together with all costs, expenses (including all legal costs) incurred in the collection or attempted collection of any sums due and can be collected as part of the principal amount owing.  

4 GST

Unless otherwise stated, the Rates and other amounts payable are stated exclusive of GST. To the extent that GST or any other comparable value-added tax applies to the rates or other amount payable, the Customer agrees to pay this amount to Portrait Hub Pty Ltd in addition to the applicable rates at the same time and in the same manner as the rates.

 

5 REPRESENTATIONS AND WARRANTIES

5.1 To the fullest extent permitted by law, Portrait Hub Pty Ltd will not be deemed to have given any warranty or representation as to any matter dealt with under these terms, including any warranties of quality or fitness for a particular purpose, except as expressly stated in these terms, other than as provided for under the Australian Consumer Law. 

6 LIABILITY 

6.1 Notwithstanding any other provision of these terms, to the fullest extent permitted by law, in no circumstances shall Portrait Hub Pty Ltd be liable to the Customer under contract (including any indemnity), common law, tort, equity, under the statute, or in restitution for any indirect or consequential losses, or loss of profit, revenue, contract, use, goodwill or reputation or financing costs or increase in operational costs.  

6.2 Portrait Hub Pty Ltd is not liable for any unplanned delays or cancellations due to matters outside its reasonable control, including weather, transportation issues, illness, injury, or unforeseen emergency. In the advent that Portrait Hub Pty Ltd is unable to reschedule the session or photographs or files are lost, stolen, or destroyed for reasons within Portrait Hub Pty Ltd’s liability is limited to repayment of any rates paid.

6.3 At Portrait Hub Pty Ltd, the safety of our customers is our number one priority and all care will be taken by us.  By participating in a photo shoot the Customer agrees that all decisions about physical activities are their own and that they have, if necessary, taken medical advice before participating. Portrait Hub Pty Ltd accepts no liability for any personal injury suffered by you to the extent permitted by law.

7 INTELLECTUAL PROPERTY

7.1 All photographs and copyrights are the property of Portrait Hub Pty Ltd. Portrait Hub Pty Ltd grants the Customer a non-transferable, non-exclusive license to reproduce any photographs for the purposes of sharing with friends and family only. For the avoidance of doubt, this licence does not extend to any commercial exploitation of the photographs without Portrait Hub Pty Ltd’s express written consent, and any use for the business of monetary gain will constitute an infringement of copyright.  

7.2 Portrait Hub Pty Ltd may use photographs taken in the session for the purposes of display, advertising, portfolio, website, or any publication to promote Portrait Hub Pty Ltd and the Customer releases Portrait Hub Pty Ltd from all claims and liability relating to Portrait Hub Pty Ltd’s use of the photographs. Should the Customer not wish for Portrait Hub Pty Ltd to use the photographs then the Customer can ‘OPT OUT’ at the time of booking.

8 GENERAL

8.1 If any provision of these Terms is determined by any statute or court to be illegal, invalid, void or voidable, the legality and validity of the remainder of these terms shall not be affected and the illegal, invalid, void or voidable provisions shall be deemed deleted from these terms to the same extent and effect as if never included, but the remainder of the Agreement shall continue in full force and effect.

8.2 These terms are governed by the laws of the state of New South Wales and are subject to the non-exclusive jurisdiction of the courts of New South Wales.


9 BEHAVIOUR AND RESPECT    
9.1 Portrait Hub Pty Ltd has an expectation of courteous and appropriate behaviour at all times by all parties involved in or witnessing any photoshoots or other activities on site. This includes, but is not limited to, children. Failure to do so could see any current or future transactions immediately terminated and any deposit or funds from the Customer forfeited.
9.2 In the advent of inappropriate and/or dangerous behaviour as deemed by Portrait Hub Pty Ltd, Portrait Hub Pty Ltd reserves the right to immediately suspend and/or cancel a photoshoot or other activity effective immediately. Any deposit will be forfeit and any photographs already undertaken will only be provided, at suitable cost to the Customer, if Portrait Hub Pty Ltd agrees to that transaction.
9.3 Children, adults and/or animals on site are under the care and constant attention of an appropriate adult Customer at all times. No responsibility is taken by Portrait Hub Pty Ltd for their safety and wellbeing outside of normal workplace health and safety requirements.
9.4 Any breakage of, or damage to, Portrait Hub Pty Ltd property by Customers, those present with them during shoots or other activities, their children or animals will be paid for by the person(s) responsible. If this is not possible the Customer consents to pay these costs.
9.5 Any theft by the Customer, any person with their entourage or children will be officially reported to Police and prosecuted to the full extent under the law.
9.6 Portrait Hub Pty Ltd takes no responsibility for the breakage or destruction of Customer property brought on site. The Customer does so at their own risk.