LiMia Photography Terms and Conditions (Pty) Ltd.

1. DEPOSIT/BOOKING FEE: 

To secure your session with LiMia Photography, a booking fee is required. Payments can be made via:

  • PayFast – full payment upfront; your booking is confirmed immediately upon successful payment.
  • PayFlex – flexible installment options as per PayFlex terms and conditions.
  • PayJustNow – flexible installment options as per Payjustnow terms and conditions.

Your session date will only be confirmed once your booking fee has been successfully processed. All payments are subject to the respective provider’s terms, including any late payment or cancellation fees.

The booking fee covers initial communication, all planning, and blocking off a specific time frame for your session, as well as any costs incurred by the photographer prior to the shoot.

2. LATE COMINGS AND RESCHEDULE POLICY/FEES:

Client UNDERSTANDS the below with no exceptions:

The photographer has limited bookings scheduled daily to accommodate personal one-on-one sessions. Please be mindful that when we block off a time spot for you, we are holding that spot for only you. Therefore, we are not able to schedule someone else. We will not tolerate any no-call/no-show clients.

2a. The session will AUTOMATICALLY BE CANCELLED if the CLIENT is more than 15 minutes late for their agreed session time. If the client is running late for their session, they are responsible for communicating this to the photographer ahead of time.

2b. The client can extend their session time by 30 minutes for R500 if the photographer is able to accommodate the change in schedule. This must be communicated, paid, and confirmed before the session begins no exceptions.

2c. If the photographer's schedule does not allow the client to extend their session time, the client can either reschedule the shoot for a flat rate of R750.

2d. If the client is a no-call/no-show, the session will be cancelled, and the client forfeits their session.

2e. Non-Cooperative Participants: Please be aware that we are not responsible for any uncooperative participants. Should you wish to reschedule due to a participant being non-cooperative, a rescheduling fee of R750 will apply. This ensures we can plan accordingly and maintain the integrity of your session. 

3. RESCHEDULING:

The photographer is foregoing other photographic jobs in the event of the reschedule of their services, and a R750 rescheduling fee will apply (NO EXCEPTIONS). This fee covers initial communication, all planning, studio hire, and blocking off a specific time frame for your session. The R750 will be payable, and the rescheduled date will only be confirmed once the R750 rescheduling fee is paid. Rescheduling requests must be submitted electronically in writing. In the event the photographer cancels the session and reschedules for another date, the client will NOT be responsible for paying the reschedule fee of R750 (no exceptions).

4. CANCELLATION:

In the event of cancellation by the client, 50% of the photo shoot package fee is non-refundable, non-transferable, and non-negotiable. The remaining 50% will be refunded to the client only if it has been paid in full and the cancellation is made prior to the scheduled session date.

5. TARDINESS / YOUR BOOKED SESSION DATE AND TIME:

Calculate your travel and traffic time accordingly! The photographer will NOT be held responsible for any costs the client incurs in the event the client runs late for the booked session. Please plan enough time to get to your session, whether that means getting makeup done, preparing the kids, or navigating through rush hour traffic. If you are running late, please notify me. I respect every client's time and put an incredible amount of effort into scheduling and planning a session, so please respect mine. The client understands that session times are booked according to a shooting schedule, and the photographer will not be held liable for the client's loss in session time, cancellations, or rescheduling fees. The client is responsible for arriving on time. (no exceptions)

6. SICK NOTICE:

I understand that life happens. People get sick, and things go wrong. If you need to reschedule for any reason, please try to give me 48 hours' notice. If you happen to fall ill on the day of your session, please reschedule. I work every day with all age groups and cannot risk passing on anything to our beloved clients. Your photos will look better if you are feeling well-rested and at your best! (A rescheduling fee will only be waived in the event a medical note can be provided; if not, the rescheduling fee of R750 will apply. (no exceptions)

7. EDITING POLICY:

Final edited images are delivered via Pixieset link within 14 days (excluding public holidays, weekends, and business closing seasons). Basic editing (flyaways, skin blemishes, teeth whitening, overall basic skin retouching, and background clean-up) is included in the price of your package. Any additional editing requests such as head swaps, changing colors of clothes or nails, backgrounds, removing tattoos, advanced detailed editing (more precise skin work, chipped or missing nails, fill-in hair and lashes, composites, major body shaping, etc.) will be evaluated and quoted at R250 per image. (no exceptions)

No Prints, Photo Books or any other form of prints will be included in the packages unless otherwise stated on the invoice.

No images will be sent to you (The Client) if there is any money owed to LiMia Photography. Images will only be released once full payment is settled.

Only bookings made via our website using the PAYJUSTNOW Payment option will be released prior to the completion of payment date. You (The Client) will have Seven (7) days in which you can download images from the online photography gallery, failure to do so can result in a R750 (Seven Hundred and Fifty) archive fee. This is to cover the Photographers time to Allocate the images from our archives, uploading the images, sending the images and communication with You (The Client) (no exceptions)

8. Archive of Images:

LiMia Photography will keep all images on archive for a reasonable amount of time (2 Months from the date of completion), after which it may be permanently discarded. It is the client’s responsibility to backup and save any digital files you receive. Should we by any chance have your images still a R750 (Seven Hundred and Fifty) archive fee. This is to cover the Photographers time to Allocate the images from our archives, uploading the images, sending the images and communication with You (The Client) (no exceptions)

9.Pricing Clause:

All prices are subject to change without prior notice. However, any sessions booked and confirmed with a paid deposit will remain secured at the agreed-upon rate.

General Terms and Conditions

1. LiMia Photography nor the Photographer (Leandi Jansen van Vuuren) shall be held responsible or accountable for any loss, injuries, property damage or any other incidents accruing on the premises inside or outside the premises of the studio before during or after the photo shoot.

2. Cake Smash Photo Shoot. (The Client) to inform (Photographer) in writing beforehand if you (The Client) have any dietary restrictions, allergies or special requirements. LiMia Photography (Pty) and the photographer does not cater for any special diary requirements.

3. Should you (The Client) cancel or reschedule a cake smash photo shoot you will be liable for the full payment of the cake ordered for the photo shoot at Five Hundred Rand (R500).

LiMia Photography nor the Photographer (Leandi Jansen van Vuuren) or Third Party supplying the cake shall be held liable or responsible for any side effects/negative effects/choking or any negative reaction during consumption of cake/icing or parts thereof during a cake smash photo shoot.

4. In the unlikely event that Client is completely dissatisfied with the results based solely on personal preference, or failure to capture certain images the shoot will be non-refundable.

5. It is also understood that you (The client) is hiring a Photographer for their technical and artistic expertise and, therefore, Photographer reserves the right to edit the images as she sees fit.

6. Gift cards sold all only to the monetary value. Should You (The Client) purchase a Gift card you understand that their might be a difference is payment to be settled prior to the photo shoot commencing to accommodate package changes or price increases. All Gift cards purchased would need to be arranged according to the Photographers availability to do a photoshoot.

7. LiMia Photography is granted the unrestricted right to copyright, use and publish photographs of the contracting party for commercial, promotion, competition, social media , our website or other purposes without compensation or liability to the contracting party at the discretion of the photographer.

8. LiMia Photography is granted the unrestricted right to copyright, use and publish photographs of the contracting party on any and all social media plat forms. This will be posted to social media platforms at the discretion of the photographer. It will be posted if time is available. Not all sessions will be posted to social media platforms as this becomes a time-consuming process.

9. No royalty fees will be paid to any person or You (The Client) for any images used by LiMia Photography (Pty)Ltd.

10. LiMia Photography takes the utmost care with respect to exposure, transportation, and processing the photographs.

11. However, in the unlikely event that all the photographs have been lost, stolen, damaged or destroyed for reasons within or beyond our control, LiMia Photography liability is limited to a reshoot or the return of all payments received for the event package.

12. The limit of liability for a partial loss of originals shall be a pro-rated amount of the package selected, based on the percentage of originals lost.

13. LiMia Photography (Pty)Ltd. Reserves the right to cancel the contract if events such as fires, natural disaster, tragedy, sickness, or any other emergency beyond our control prevents us from preforming our obligation. In such a case LiMia photography will assess the situation, reschedule, rebook, or cancel a booking at the discretion of LiMia Photography (Pty) Ltd.

14. Sick Notice: I understand that life happens. People get sick, and things go wrong. If you need to reschedule for any reason, please try to give me 48hrs notice. If you happen to fall ill on the day of your session, please reschedule. I work every day with all age groups and cannot risk passing on anything to our beloved clients. Your photos will look better if you are feeling well-rested and at your best!

15.LiMia Photography (Pty) is governed by the laws of South Africa and LiMia Photography (Pty)Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

16. LiMia Photography (Pty) may, in its sole discretion, change this agreement or any part thereof at any time without notice.

17. On payment of the booking fee, you (The Client), are accepting LiMia Photography (Pty)Ltd. as your service provider and you are hereby also accepting LiMia Photography (Pty)Ltd. TERMS AND CONDITIONS.

OVERVIEW

This website is operated by LiMia Photography (Pty)Ltd. Throughout the site, the terms “we”, “us” and “our” refer to LiMia Photography. LiMia Photography offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products 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 Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall LiMia Photography, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless LiMia Photography(Pty)Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees and family, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – ACCEPTANCE OF TERMS OF SERVICE

Receipt of your online booking or any form of booking and payment made by you (The Client) in any form represents an acceptance by you (The Client) of these terms and conditions.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at leandi@limiaphotography.co.za.