Terms and Conditions

These Terms and Conditions set forth the legally binding terms and conditions for your use of the website and any use and/or purchase of goods and services offered by Champainting Pty Ltd and any of its related companies (hereunder ‘US’, ‘OUR’ or ‘WE’).  By accessing this website you agree to comply with these terms and conditions.  You warrant that you have the ability to enter into transactions directly with US and by making a request through the website you also warrant to US that you are at least 18 years of age.

1. Ownership

All content on this website is property owned by US.  This includes graphics, logos, images, text and website design.  Therefore, any unauthorised use of them is strictly prohibited and could result in criminal or civil penalties.

2. Pricing of Goods and Services

All pricing is in Australian dollars and GST applies.  WE have the discretion to change prices with or without notice to you.  All credit cards, debit cards and cash transactions are charged in Australian dollars.  All goods and services listed on the website, their information and prices are each subject to change.  WE reserve the right to modify, suspend or discontinue the provision and/or sale of any goods or services with or without notice to you.

3. Delays and Changes to and Cancellation of Sessions

WE will make every effort to deliver OUR services to you, as promised.

On occasion however, the commencement of a session may be delayed due to circumstances beyond OUR control or unforeseen by US, partly or wholly.

It remains OUR sole discretion to decide whether a session will commence, albeit late, or whether to cancel it altogether.  If WE elect to cancel a session, whether it be prior to the schedule starting time or after, WE will notify you as soon as practicably possible.  Where WE choose to cancel a session, WE will provide you with a credit to the value of your purchase or WE will refund your monies to you in the same manner is you made your booking.  Please refer to the terms and conditions of OUR Reschedule Policy.

WE reserve OUR right to change the artist hosting any session.

4. Photography and Videography

You acknowledge that WE may take photographs and videography of the sessions, which may record images of you at the session.  By booking and attending a session, you expressly and impliedly authorise and permit US to use any recordings WE make, which may include images of you, for the promotion and advertising of OUR business.  You agree that all recordings of any nature shall become OUR property and WE may use the recordings for promotional and advertising purposes for OUR benefit at OUR sole discretion.  You also agree that WE may modify the recordings as WE see fit for OUR purpose.

If you do not wish for US to record your image WE ask that you notify US no later than at the starting time of the session.

5. Promotional and Discount Coupon Codes

Promotional and discount codes cannot be used in conjunction with any other offer unless otherwise noted by US.

6. Liability and Indemnity

In no event shall WE be liable to you or any third party for any loss or profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or under, related to or connected with your use of the website or OUR services.  Accessing and using the website and goods and services offered by US are at your own discretion and risk.  You are solely responsible for any damage to your computer system, mobile device or other electronic device or loss of data resulting therefrom.  WE act to the best of OUR ability to ensure that the content of the website, including all information and listings are correct, but it is subject to change at any time and without notice to you.  To the extent permitted by law, WE disclaim all liability for any errors, omissions or misleading information.  You agree to make your own evaluation of the suitability, accuracy and completeness of any information, advice or other content that is available on the website before you rely upon it.  As a condition of use of the website, you agree to indemnify US from and against any and all liability, damage and loss whatsoever that WE incur or suffer as a result of any action, inaction or omission on your part.

7. Warranties

To the maximum extent permitted by law, WE disclaim any warranties, assurances or promises, express or implied, regarding the website and any goods and services or facility it provides.

8. Third Party Goods and Service Providers

Where goods and/or services are provided to you by a third party at a session (such as the provision of food or drink to you by a bar or restaurant at OUR studio or a session held at a third party venue), you acknowledge and agree to hold US harmless and to indemnify US against any injury, damage or loss you may suffer whatsoever arising from or under, related to or connected with the provision of the third party goods and services to you.

9. Consumption of Alcohol

You agree that you shall only consume alcohol during our public sessions and private events if you are over the age of 18 years. You may require suitable identification to prove your age. If we believe that you are under the age of 18 years and you intend to consume or have consumed alcohol during OUR public sessions or private events, WE have the right to ask to leave without compensation. Guests will not be permitted into any of OUR studios or participate in any off-site public session or private event if you are intoxicated or WE believe you are intoxicated.

10. Reschedule Policy

Read OUR Reschedule Policy.

11. Privacy Policy

Read OUR Privacy Policy.

12. Private Party Terms & Conditions
13. Changes to OUR Terms and Conditions

WE reserve the right to change and/or modify all or any part of OUR terms and conditions, refund policy and privacy policy at any time without notice to you.

14. Trade Promotions, Giveaways & Competitions

PROMOTION: 9 Year Anniversary

This Trade Promotion is run by Champainting Pty Ltd (ABN 63167208791) (hereunder “promotion”):

  1. This promotion is open to Australian residents 18 years of age and older residing in Victoria or New South Wales.
  2. To enter this promotion an entrant must locate a hidden egg on OUR homepage and/or subpages (www.champainting.com.au) and enter their details in the relevant draw through the signup process. There are multiple prize draws for different prizes. To be eligible for all the prizes, the entrant must locate and sign up for each prize pool. By signing up to any OUR draws, the entrant agrees to participate in the promotion and agrees to its terms and conditions set out herein.
  3. WE reserve the right to revise or cancel the promotion and/or its terms and conditions without notice in the instance of a force majeure event (being an event beyond or outside OUR control). WE will notify entrants of any revision or cancellation of the promotion as soon as reasonably possible via a notice on OUR website.
  4. The promotion begins on 24 February, 2022 and ends at 11.59am on 14 April, 2022. Entries will be accepted up until the end of the promotion.
  5. All draws will be drawn on 14 April, 2022 upon the end of the promotion and the winning entrants (hereunder “winner” or “winners”) will be announced at 5.00pm 17 April, 2022 across OUR social media platforms. The name and state of each winner will be announced. Each winner will also be notified via email on 19 April, 2022 using the email address they used to enter the relevant draw(s). Entrants should not assume they are a winner until they receive notification via email from US thereby avoiding instances where multiple entrants have the same name and reside in the same state of a drawn winner.
  6. Winners of tangible prizes are required to collect their prize(s) from US within 28 days of US announcing them as a winner on OUR social media platform. Winners failing to collect their prize(s) within this period shall be deemed to have abandoned their prize(s) and thereby forfeiting all rights and entitlements to same.
  7. Including instant prizes plus prizes to be won in a draw, the total prize pool is valued over $13,500 with no more than $10,000 being available to be won by entrants in either state as some prizes are state specific whilst there is only one prize available to be won in particular draws by entrants from either state.
  8. Prizes, tangible or otherwise, are not redeemable for cash or credit, are non-transferable and non-exchangeable. If in the instance of any loss or damage to a tangible prize, WE reserve the right to substitute such prize with another of equivalent value.
  9. If a winner fails to inform US in writing, within seven (7) days of US emailing them, of their acceptance of their prize(s), it shall be deemed that the winner does not intend on collecting the prize(s), irrespective if the prize(s) is/are tangible or intangible, thereby forfeiting their rights and entitlements to same. WE reserve the right to redraw the relevant draw(s) and identify a replacement winner. The replacement winner will be notified in the same manner as described in enumerated point 5 within one (1) week of the redraw.
  10. By entering a prize draw the entrant agrees to be placed on a mailing list for the purpose of advertising and marketing by US. Then entrant will have the option to unsubscribe at any time.
  11. By entering this promotion, an entrant agrees to be bound by these terms and conditions.
  12. WE accept no responsibility for entries not received by US for whatever reason.
  13. OUR decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  14. The winners agree that WE may use his or her name and image in OUR publicity material. Any personal data relating to an entrant shall be used solely in accordance with current Australian data protection legislation. WE will not disclose the personal data to any third party without the entrant’s prior consent.
  15. Entrants are providing their information to US, as the promotor, and not to any other party.

Specific Prize Terms & Conditions:

Private Event:
The Private Event prize will be restricted to a Sunday morning commencing at 10:00am and concluding at 12:30pm or Monday evening commencing at 6:30pm and concluding at 9:00pm on days when no other session or event is scheduled. The Private Event is an in-studio event and Our Private Party terms and conditions apply.

Paintings:
Winners of paintings will be invited to an open day at OUR nominated state-based studio to select a painting of their choice from OUR selection of paintings. Any winner that does not attend the open day will forfeit their prize. The date and time of the relevant open day (state-based) will be disclosed in the notification email sent to the winners on 19 April, 2022.

Colourmeinart Digital Portrait:
The winner of this prize will be put in contact with Colourmeinart. The portrait to be created is to contain no more than 3 subjects, which are to be supplied by the winner to Colourmeinart. Click here for more information about Colourmeinart.

PROMOTION: Champainting Discounted Seat Lottery Promotion

This Trade Promotion is run by Champainting Studios Pty Ltd (ABN 63167208791) (hereunder “Promotion”):
  1. This Promotion is open to persons 18 years of age and older (the “entrant”).
  2. To enter the Promotion an entrant must register their interest in the session(s) of their choice that are included in the Promotion.
  3. By registering to any of OUR draws, the entrant agrees to participate in the Promotion and agrees to its terms and conditions set out herein.
  4. WE reserve the right to revise or cancel the Promotion and/or its terms and conditions without notice in the instance of a force majeure event (being an event beyond or outside OUR control). WE will notify entrants of any revision or cancellation of the Promotion as soon as reasonably possible via a notice on OUR website.
  5. The Promotion period begins on 1 May, 2023 and is ongoing until otherwise advised by US on our website. 
  6. Entries for each promotional period (referred to as a “Round”) will be accepted up until the end date and time of that Round.
  7. All Rounds will open from 8am Monday and will close at 9am Tuesday, the following day (bi-weekly) during which an entrant may participate in the relevant Round.
  8. Upon the closing of the relevant Round, the winning entrants (hereunder “winner” or “winners”) will be announced by 12.00pm that day. 
  9. Each winner will be notified via email, using the email address they used to enter the relevant draw(s). 
  10. Entrants should not assume they are a winner until they receive notification via email from US thereby avoiding instances where multiple entrants have the same name and reside in the same state of a drawn winner.
  11. A winner will be supplied with a unique discount code to purchase their chosen session relevant to the Round in which they entered for the identified price in the Promotion. Winners will have 24 hours to use the unique discount code from the time they are notified as being a winner.
  12. A winner is not obliged to purchase tickets but if they choose or fail not to use the unique discount code they forevermore forfeit their entitlement and right to use the unique discount code towards any session. They may enter a draw for an upcoming Round.
  13. If you are a winner, and you have proceeded with your discounted purchase, once the checkout is complete, you are unable to reschedule or transfer to another session or studio, and it is non-refundable. Please do not purchase the Champainting Guarantee as it does not apply to Champainting Lottery Tickets.
  14. By entering a draw of a Round the entrant agrees to be placed on a mailing list for the purpose of advertising and marketing by US. The entrant will have the option to unsubscribe at any time.
  15. WE accept no responsibility for entries not received by US for whatever reason.
  16. OUR decision in respect of all matters to do with the Promotion will be final and no correspondence will be entered into.
  17. All winners agree that WE may use his or her name and image in OUR publicity material. 
  18. Any personal data relating to an entrant shall be used solely in accordance with current Australian data protection legislation. WE will not disclose the personal data to any third party without the entrant’s prior consent.
  19. Entrants are providing their personal information to US, as the promoter, and not to any other unrelated third party.

If we didn’t answer your questions, please email or call us.