TERMS OF USE
IMPORTANT INFORMATION

Please read these terms carefully before using moments.ie or your post-session gallery page.

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Moments Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at moments.ie and gifts.moments.ie, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Nicole Le Saout, trading as Moments Photography.

“Products” referred to by these Terms include but are not limited to both printed photos and digital photos available for purchase following a session. All such Products are the intellectual property of and are owned by Nicole Le Saout of Moments Photography.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO
Moments Photography is a full-service photography studio through which you may obtain family and commercial photography sessions, printed photo products and digital images.

MODIFICATIONS TO THE SERVICE AND PRICES

Nicole Le Saout ~ Moments Photgraphy reserves the right at any time to modify the Services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, and discontinuance of the Service. Prices for our products are subject to change without notice.

INTELLECTUAL PROPERTY LICENSE

Nicole Le Saout - Moments Photography owns all intellectual property rights in (a) all images, text, logo, headers, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Moments Photography’s services, and; (d) any other intellectual property rights afforded to Nicole Le Saout, through Irish common law (“Intellectual Property”). Except as stated below, Nicole Le Saout - Moments photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorised use of or otherwise infringe upon Moments Photography’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Moments Photography will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Moments Photography grants you a non-exclusive, non-transferable license to download, view, copy and print the PRODUCTS/SERVICES you purchase solely for your personal or business use which is not to include any reproduction, copying, or any other use of the Products provided that you:

(1) abide by all copyright protections afforded to the Products provided by law;

(2) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(3) do not modify or edit the Products in any way.

Please remember that it is your responsibility to download the Product within 30 days of gallery activation and securely back up all purchases. Moments Photography is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product. Beyond 30 days and upon agreement between Moments Photography and you, a yearly archival fee will be applied depending on the size of online storage required.

Cancellation Policy
A €250 fee is required to secure your session appointment - payable at the time of any session, or covered by your Gift Voucher. It is deducted from the total session fee or purchases your make. This session fee is refundable or transferable only with 7 days notice of cancellation. We regret we cannot accept later cancellations for any reason other than a positive COVID-19 result, but you are welcome to offer your appointment to a relative or friend if you find you are unable to attend your session.

CONTACT

By using the Site and entering personal information, you give Moments Photography permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let us know by emailing us at hello@moments.ie and we will kindly refrain from doing so.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”; therefore edited my Moments Photography or contracted retoucher. No further edits on digital images is permitted.

OBTAINING PRODUCTS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MOMENTS PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, MOMENTS PHOTOGRPAHY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO NICOLE LE SAOUT - MOMENTS PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms shall be construed in accordance with, and governed in all respects by Irish and EU law. It is your responsibility to review these Terms prior to use and periodically throughout your use of Moments Photography’s Products, Materials and services. Nicole LE SAOUT of MOMENTS PHOTOGRAPHY reserves the right to change or modify these Terms at any time without notice to You.

Any questions regarding the above Terms may be directed to: hello@moments.ie

All rights reserved © Copyright Moments Photography.