First Memories Terms & Conditions

Last updated on 18th May 2024

Our contact details

Email: hello@firstmemories.net
WhatsApp: http://wa.me/+447770605028

Services offered

1. Description of services: First Memories operates a website that offers bespoke birth photo books. Our services include the creation of personalised photo books capturing the earliest moments of your newborn's life. Each photo book is meticulously curated and designed to preserve the unique memories of your baby's arrival.

2. Virtual photo session: As part of our service, First Memories provides a fun and affordable virtual photoshoot conducted by experienced newborn photographers. During the session, our photographers will capture candid moments of your baby and your family and create memorable images that will be featured in your bespoke birth photo book.

3. Personalisation of photo books: After the virtual photoshoot, parents are required to provide essential birth details, including the baby's name, date of birth, place of birth, weight, and other relevant information.

    - Expert curation: With careful attention to detail, we select the most memorable photos from the virtual photoshoot and arrange them in the photo book.

    - Tailored content: In addition to photos, our team meticulously designs each photo book, incorporating the provided birth details along with additional personalised elements such as a special paragraph about the origin of the baby's first name.

    - Limited user involvement: Recognising the demands of caring for a newborn, we aim to minimise the time and effort required from parents. While parents provide the essential birth details after the photoshoot, the layout, design, and content of the photo book are expertly crafted by our team.

4. Customer support: Our team is dedicated to providing exceptional customer support to assist you throughout the process, from booking your virtual photoshoot session to receiving your completed photo book. Should you have any questions or concerns about our services, please do not hesitate to contact us.

Definitions

1. First Memories: Refers to the company, First Memories, which provides newborn photography services and related products.

2. User: Any individual or entity accessing or using the services offered by First Memories.

3. Virtual photoshoot: A remote photography session conducted by First Memories' photographers using virtual communication platforms.

4. Photo book: A personalised book containing curated photos of the newborn, created by First Memories.

5. Digital images: Electronic copies of photos captured during the virtual photoshoot, available for purchase by the user.

6. Copyright: The exclusive legal right granted to First Memories for the reproduction and distribution of photos captured during the virtual photoshoot, unless otherwise specified.

7. Parental consent: Authorisation obtained from parents or legal guardians for the participation of their baby in the virtual photoshoot and the use of their baby's photos in the creation of the photo book.

8. Return & Cancellation policy: A separate document outlining the terms and conditions related to payment procedures, cancellation policies, returns, and associated fees.

9. Jurisdiction: The legal authority of the courts of the United Kingdom over disputes arising from or related to the use of First Memories' services.

10. Acceptance of terms: Acknowledgement by the user that they have read, understood, and agreed to abide by the terms and conditions outlined by First Memories.

Availability and legal age requirement

1. Availability: Our services are available to individuals residing in the United Kingdom initially. However, we may expand our services to other regions worldwide in the future.

2. Minimum age: Users must be at least 18 years old to use the services offered by First Memories and to enter into agreements with us. By using our services, you confirm that you meet this minimum age requirement.

User responsibilities

1. Accurate information: Users are responsible for providing accurate and up-to-date information when booking a virtual photoshoot and ordering photo books. This includes, but is not limited to, providing correct birth details and contact information.

2. Compliance with terms: Users are required to comply with all terms and conditions outlined by First Memories. This includes adhering to guidelines regarding the use of digital images, respecting intellectual property rights, and following safety protocols during the virtual photoshoot.

3. Respect for copyright: Users must respect the copyright and intellectual property rights associated with the content provided by First Memories. Unauthorised use, reproduction, or distribution of photos, designs, or other materials is strictly prohibited without explicit consent.

4. Parental consent: Parents or legal guardians are responsible for obtaining consent from relevant parties, including any individuals featured in the photos, for the participation of their baby in the virtual photoshoot and the use of their baby's photos in the creation of the photo book. They must ensure that all necessary permissions are obtained before proceeding with the photoshoot.

5. Data privacy and security: Users are encouraged to review our privacy policy to understand how their personal information is collected, used, and protected by First Memories. They should take necessary precautions to safeguard their login credentials and prevent unauthorised access to their accounts.

6. Safety awareness: While First Memories prioritises the safety and comfort of the baby during the virtual photoshoot, parents bear the primary responsibility for ensuring the safety and well-being of their baby. They should closely supervise the session, remain with the baby for the entirety of the virtual photo shoot, follow photographer instructions, and refrain from placing the baby in any poses that may pose a risk of harm or discomfort.

7. Communication: Users are encouraged to maintain open communication with First Memories regarding any questions, concerns, or feedback about the services provided. Promptly reporting any issues or discrepancies allows us to address them effectively and ensure a positive experience for all users.

8. Review of terms: Users should carefully review and familiarise themselves with the terms and conditions outlined by First Memories before using our services. By engaging with our platform, users signify their acceptance of these terms and agree to abide by them throughout their interaction with First Memories.

Baby's safety during the photoshoot

1. Safety priority: At First Memories, we prioritise the safety and comfort of your baby throughout the virtual photoshoot.

2. Safe poses only: Our photographers will only ask you to position the baby in poses that are deemed safe and comfortable. We will never request a pose that poses any risk or discomfort to the baby.

3. Mutual agreement: While our team takes all necessary precautions, parents bear the primary responsibility for ensuring the safety and well-being of their baby during the virtual photoshoot. It is essential for parents to carefully follow the photographer's instructions and exercise caution when handling the baby.

4. Open communication: We maintain open communication with parents throughout the virtual photoshoot to address any questions, concerns, or uncertainties regarding the safety and comfort of the baby.

5. Informed consent: By participating in the virtual photoshoot with First Memories, parents acknowledge and accept their responsibility for the safety of their baby during the session.

6. Limitation of liability: While every effort is made to provide a safe and comfortable experience, First Memories shall not be held liable for any accidents, injuries, or discomfort that may occur during the virtual photoshoot, provided that all reasonable safety measures and instructions have been provided to the parents.

Intellectual property rights

1. Ownership of photos: During the virtual photoshoot, the copyright of the photos captured belongs to First Memories. These photos are intended for use solely in the creation of the photo book unless otherwise agreed upon with explicit consent from the parents.

2. Privacy and use of photos by First Memories: First Memories is committed to using the photos captured during the virtual photoshoot exclusively for the creation of the photo book. As the copyright holder, First Memories does not use the images of your baby for any other purposes without explicit consent from the parents. We prioritise the confidentiality and security of your baby's images, ensuring that they are used with the utmost care and discretion.

3. Digital image option: When ordering the photo book, users have the option to purchase the digital images of the photos captured during the virtual photoshoot. Users may also choose to purchase the digital images at a later stage.

4. Ownership of digital images: Upon purchasing the digital images, users acquire ownership of the copyright for those images. Users have the right to use the digital images for personal purposes, including printing additional photo products or sharing them with friends and family.

5. Restrictions on commercial use: Users are prohibited from using the digital images for commercial purposes or distributing them for financial gain without obtaining appropriate licenses or permissions.

6. Secure storage of digital images: First Memories will securely store the digital images captured during the virtual photoshoot for a period of one year, regardless of whether the images are purchased by the user. After the specified duration, users will receive an email notification informing them of the impending deletion of the images from our system. Users will have the opportunity to retain copies of the digital images if desired before they are securely destroyed.

Payment and billing

Please refer to our separate document titled "Return and Cancellation Policy" for detailed information regarding payment procedures, billing processes, cancellation policies, and returns. This document outlines the terms and conditions related to cancellations, refunds, and any associated fees or conditions.

Orders and delivery

1. Product availability and modifications: We reserve the right to revise, discontinue, or modify our products or services at any time without prior notice. While we make every effort to keep our product offerings available, some products may become unavailable without notice. We shall not be liable for any inconvenience caused due to unavailability of products.

2. Delivery estimates: Any delivery estimates provided are approximate and for guidance purposes only. While we endeavour to deliver orders within the specified timeframe, we do not guarantee delivery dates. We shall not be liable for any delays in delivery beyond our control.

3. Responsibility for order inspection: Upon receiving your order, please inspect the products for any defects, damages, or non-conformities. If you discover any issues with your order, please contact us immediately for assistance.

Governing law and jurisdiction

1. Applicable law: These terms and conditions, along with any disputes arising from or related to the use of First Memories' services, are governed by and construed in accordance with the laws of the United Kingdom.

2. Jurisdiction: Any disputes, claims, or legal proceedings arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

Agreement of acceptance

1. Acceptance of terms: By using the services provided by First Memories, you acknowledge that you have read, understood, and agreed to abide by the terms and conditions outlined herein. If you do not agree with any part of these terms and conditions, please refrain from using our services.