TERMS AND CONDITIONS
Last updated: 16th February 2023
These Terms and Conditions (“Terms”) govern the use of the services provided by Victoria Photography (hereinafter also referred to as “Company”, “we”, “our” or “us.”).
The website victoria-artphotography.com (“Website” or “Platform”) is operated by us and by
accessing and/or otherwise using the product and services (“Service”) in any manner, you,
therefore, agree that you have read and accepted these Terms. We reserve the right to modify
these Terms, without notice, at any time. You understand that your continued use of the Services
after these Terms have been modified constitutes your acceptance of these Terms as amended.
Regularly checking and reviewing this page ensures that you are updated on the terms and
conditions governing your use of the Services.
If we believe that the modifications are material, we will notify you of the changes by posting a
notice on our Website, or emailing you at the email address provided to us by you, and as we
may deem appropriate. What constitutes a material change will be determined by us, at our sole
and absolute discretion.
AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
ACCEPTANCE OF OTHER TERMS AND POLICY
By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all Users:
● Privacy Policy
● Cookies Policy
● Disclaimers Wedding photography Contract:
If users want to use our wedding photography services, these additional terms apply to you.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this Website is not accurate,
complete, or current. The material on this Website is provided for general information only and
should not be relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete, or more timely sources of information. Any reliance on
the material on this Website is at your own risk.
We reserve the right to modify the contents of this Website at any time, but we have no
obligation to update any information on our Website. You agree that it is your responsibility to
monitor changes to our Website.
MODIFICATIONS IN PRODUCT, SERVICE AND PRICE
Prices for our Services are subject to change without notice. We reserve the right at any time to
modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension,
or discontinuance of the Product and Service.
USE OF THE PLATFORM AND THE SERVICES
You may use the Platform and the Services only for lawful purposes and in accordance with
these Terms of Conditions.
You hereby agree not to use the Platform and the Services:
1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit any person or harm
minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including
any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. In any way that infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
Additionally, you agree not to:
1. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
2. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which the Platform is stored, or any server, computer, or database
connected to Service.
3. Take any action that may damage or falsify Platform’s reputation.
4. In any way decompile, reverse engineer, or disassemble any material or content on the
Website.
5. Otherwise, attempt to interfere with the proper working of the Platform and the Service.
WEDDING PHOTOS AND VIDEOS
Subject to the clauses contained in the “Wedding Photography Contract”. We do not sell any
photos or videos captured on your wedding day. No photos or videos show the clients' names or
the date of the photoshoot. Also, We do display our work on our website and social media pages.
PRIVACY AND USAGE OF COOKIES
The company will not intentionally disclose any personally identifying information about you to
third parties, except where Company, in good faith, believes such disclosure is necessary to
comply with the law or enforce these Terms. By using the Website, you signify your acceptance
of the Privacy policy.
Members signing up for the Website are opting in to receive newsletters and other special offers
through emails/notifications from the Website. If you do not wish to receive these emails, you
may opt out anytime by unsubscribing.
Refer to our Privacy Policy and Cookie Policy.
INTELLECTUAL PROPERTY RIGHTS
"Intellectual Property Rights" means any and all rights existing from time to time under patent
law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law,
publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any
and all applications, renewals, extensions, restorations and reinstatements thereof, now or
hereafter in force and effect worldwide.
All material and content on the Website, including images, illustrations, text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations and software, is our
property, or the property of our affiliates or content suppliers, and is protected by the domestic as
well as international intellectual property law, including copyright, authors’ rights, database
rights laws, trademarks, and other intellectual property rights that are owned and controlled by us
or by other parties that have licensed their material to us.
The compilation of all content on the Website is our exclusive property and is protected by
domestic as well as international copyright and database rights laws.
You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such
material in any way, including by e-mail or other electronic means whether directly or indirectly
and you must not assist any other person to do so. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other Website or use of the materials
for any purpose other than personal, non-commercial use is a violation of the copyrights,
trademarks and other proprietary rights, and is prohibited.
INDEMNIFICATION
You understand and agree that you are personally responsible for your behaviour on the Website.
You agree to indemnify, defend and hold Company harmless from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of
your use, misuse, or inability to use the Website or the Content, or any violation by you of these
Terms.
NO WARRANTY
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis,
and that your use of or reliance upon the Services and any content, products or services accessed
or obtained thereby is at your sole risk and discretion.
We do not represent or warrant that: (a) the use of the Services will be secure, timely,
uninterrupted or error-free or that they will be compatible or operate in combination with any
other hardware, software, system or data; (b) the Services will meet your requirements or
expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and our
server(s) are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise,
including, without limitation, any implied warranties of merchantability, fitness for a particular
purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent
permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the
Internet and electronic communications (including problems inherent to the computer or
electronic device you use).
No advice or information, whether oral or written, obtained by you from us or from the Services
shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we
have no obligation to support or maintain the Services.
We disclaim any and all liability or responsibility in relation to the Website Content made
available through the Services.. We are not responsible or liable in any manner for the third-party
content and services associated with or utilised in connection with the Services, including the
failure of such third-party content and services, including but not limited to the content and/or
services of our Business Partners.
We maintain and shall have the right at any time to change, modify, correct, add to, discontinue,
or retire any aspect or feature of the Website and/or the Services, including, but not limited to,
hours of availability, equipment needed for access or use, or the availability of the Services (or
any part thereof) on any particular device or communications service. We have no obligation to
provide you and/or the Business Partners with notice of any such changes, and we are further
under no obligation to provide you with any support, error corrections, updates, upgrades, bug
fixes, and/or enhancements of the Website and/or the Services.
SEVERABILITY
The provision or part-provision of this Agreement is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid,
legal and enforceable. If such modification is not possible, the relevant provision or
part-provision shall be deemed deleted. Any modification to or deletion of a provision or
part-provision under this clause shall not affect the validity and enforceability of the rest of this,
agreement. If any provision or part-provision of this Agreement is invalid, illegal or
unenforceable, the parties shall negotiate in good faith to amend such provision so that as
amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the
intended commercial result of the original provision."
FORCE MAJEURE
No one shall be liable for any delay or failure in performance due to events outside the defaulting
Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts
of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its
reasonable control.
ELIGIBILITY
In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform
may only be used or accessed by such Persons who can enter into and perform legally binding
contracts under the applicable state and federal laws.
The Company shall not be liable in case of any false information is provided by the User
including the User’s age and the User and/or his natural or appointed guardian alone shall be
liable for the consequences as per the applicable state and federal laws.
The Company disclaims all liability arising out of such unauthorised use of the Platform and any
third-party liability arising out of Your use of the Platform if You are a minor.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions
shall not constitute a waiver of such right or provision. These Terms and Conditions and any
policies or operating rules posted by us on this site or in respect to the Service constitute the
entire agreement and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals, whether
oral or written, between you and us.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed
against the drafting party.
GOVERNING LAW AND JURISDICTION
These Terms and any separate agreements whereby we provide you Services shall be governed
by and construed in all respects in accordance with the Laws of Ireland and shall have exclusive
jurisdiction over any dispute arising under this Agreement.
NOTICES
Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice
will be deemed given 48 hours after the email is sent unless the sending party is notified that the
email address is invalid or that the email has not been delivered. Alternatively, we may give you
legal notice by mail to the address provided by you during the registration process. In such case,
notice will be deemed given three days after the date of mailing.
LEGAL DISPUTES
If a dispute arises between you and Company, our goal is to provide you with a neutral and
cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact
us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and
formal disputes should be sent to Company’s email id in accordance with the above-mentioned
Clause. We agree to consider resolving the dispute through alternative dispute resolution
procedures, such as mediation or arbitration, as alternatives to litigation in accordance with the
Laws of Ireland. The Place for alternative dispute resolution is in Ireland.
REMOVAL OF DOUBTS
Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not
covered by this regulation, or in the event of differences of interpretation, the CEO of the
Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.
WAIVER
If you breach these Terms and we take no action, we will still be entitled to use our rights and
remedies in any other situation where you breach these Terms.
AMENDMENTS
Notwithstanding anything contained hereinbefore, The Company may amend and implement the
Terms, whenever required, in the interest of maintaining the standard and improving user
experience without any prior notice and you shall be governed by such Terms so implemented
from time to time.
Please review the Terms from time to time on a regular basis since your ongoing use is subject to
the Terms as amended.
CONTACT US
Any questions or concerns pertaining to the Terms? Please contact us at;
Email: info@victoria-photography.com