Precious MomentsDigital Gallery
Effective date: 8 September 2026
These Terms of Service (“Terms”) govern your use of Precious Moments Digital Gallery (“Precious Moments”, “we”, “us” or “our”).
By creating an account, purchasing a service, uploading content or otherwise using Precious Moments, you agree to these Terms.
Nothing in these Terms excludes, restricts or modifies rights that cannot lawfully be excluded, including rights under the Australian Consumer Law.
You must provide accurate information when creating an account and keep your login credentials secure.
Purchases and account ownership are intended for persons aged 18 years or older.
A person under 18 may use guest features only with appropriate parent or guardian involvement or consent.
You are responsible for activity carried out through your account except to the extent it results from a failure by Precious Moments to take reasonable security measures.
The features, limits, price and access period applying to your purchase are those displayed for the selected package at the time of purchase.
Package features may include limits relating to:
These package limits form part of your agreement with us.
We may change the features or pricing of packages offered for future purchases. We will not materially reduce the core paid entitlements of an existing active package merely because our packages subsequently change, except where reasonably required by law, security, technical necessity or circumstances outside our reasonable control.
Your access period is shown when you purchase a package.
You are responsible for downloading any photographs, videos, audio, messages or other content you wish to keep before your package expires.
When an access period ends, features or content may become unavailable and content may subsequently be removed in accordance with our retention practices.
Precious Moments should not be used as the sole permanent backup of irreplaceable content.
Where renewal or extension is available, the applicable price and additional access period will be displayed before purchase.
Account holders may be able to delete albums, memorials or other content.
Permanent deletion may not be reversible.
Before confirming deletion, you should download anything you wish to retain.
Voluntarily deleting an album, memorial or account before the end of a paid access period does not automatically entitle you to a refund for the unused period, subject always to rights and remedies available under the Australian Consumer Law and our Returns & Refunds Policy.
You retain ownership of content you upload.
By uploading content, you grant Precious Moments a non-exclusive, worldwide, royalty-free licence for the period reasonably required to:
This licence exists only for operating, securing and providing Precious Moments and related legal or administrative purposes.
We do not acquire ownership of your photographs, videos, audio or other content.
Where enabled, account holders may invite guests to upload photographs, videos, messages, guestbook entries or other content through a shared link or QR code.
Each person who uploads content is responsible for the content they submit.
By uploading content, you confirm that:
An account holder is responsible for managing their album and may remove guest contributions, but an account holder is not automatically responsible for unlawful content uploaded independently by another person merely because it appears in their album.
Precious Moments may allow content to be shared using links and QR codes.
You control who you provide those links or QR codes to. Anyone who obtains valid sharing information may potentially access the content permitted by the album's current visibility settings.
A Standard Album QR or sharing link may, where supported, be regenerated or revoked by the account holder.
A Permanent Memorial QR is designed to use a stable destination so that the printed QR code does not ordinarily need to change.
Unless a package expressly states otherwise, the word “Permanent” in relation to a QR code describes the intended stability of the QR destination and does not by itself constitute a guarantee of perpetual or lifetime hosting of the underlying gallery.
Any guaranteed hosting or access period applying to a memorial product will be stated in the package description at the time of purchase.
Precious Moments uses automated systems, including AI-assisted image and video analysis, together with human review where appropriate, to help identify content that may breach these Terms.
Automated systems are not always accurate and may produce false positive or false negative results.
Not all content is necessarily reviewed before being stored or displayed.
Where we reasonably believe content breaches these Terms or creates a security, safety or legal risk, we may:
Where reasonably practicable, we will provide notice of significant account action. Immediate action may be taken without prior notice where reasonably necessary to respond to suspected unlawful content, security threats, abuse or an urgent safety risk.
Users may contact support@preciousmoments.com.au if they believe content has been incorrectly restricted or removed.
We may report suspected unlawful activity to appropriate authorities where required or permitted by law.
You must not use Precious Moments to upload, store, share or facilitate content that:
Precious Moments is intended to provide respectful galleries suitable for families and events and may apply additional content standards appropriate to that purpose.
If you believe content available through Precious Moments infringes your copyright or other intellectual property rights, contact support@preciousmoments.com.au with sufficient information for us to identify and review the material.
We may restrict or remove content while a legitimate complaint is investigated.
Our handling of personal information is governed by our Privacy Policy.
Users who upload content involving other individuals are responsible for considering whether they have appropriate authority to do so.
We use reasonable technical and organisational measures designed to protect accounts and content, including encrypted transmission, access controls and security monitoring.
However, no online platform can guarantee absolute security.
Users are responsible for:
You must notify us promptly if you suspect unauthorised access to your account.
Precious Moments may maintain backups and redundancy measures as part of normal service operations.
Backups are intended to support operation and recovery of the service and are not a substitute for a user's own backup.
Hardware failures, software faults, cyber security incidents, third-party failures or other events may result in temporary unavailability or, in exceptional circumstances, data loss.
You should maintain independent copies of photographs, videos and other irreplaceable content.
We aim to provide a reliable service but cannot guarantee uninterrupted availability.
Service interruptions may occur because of:
We may temporarily restrict the service where reasonably necessary for maintenance, security, legal or operational reasons.
We will take reasonable steps to minimise material disruption and restore service.
Prices and payment terms are displayed before purchase.
Payments may be processed by third-party payment providers subject to their own terms and privacy practices.
Refund requests are governed by our Returns & Refunds Policy and applicable law.
Nothing in these Terms limits any right or remedy available under the Australian Consumer Law.
Our services come with consumer guarantees where the Australian Consumer Law applies.
Nothing in these Terms excludes, restricts or modifies:
To the extent permitted by law, Precious Moments is not responsible for loss caused by:
Any limitation or exclusion in these Terms applies only to the extent permitted by applicable law.
Nothing in these Terms is intended to prevent a consumer from obtaining a refund, cancellation, compensation, rectification or other remedy to which they are entitled under the Australian Consumer Law.
To the extent permitted by law, you indemnify Precious Moments against third-party claims, losses or reasonable expenses to the extent directly caused by:
This indemnity does not apply to the extent a claim or loss was caused or contributed to by Precious Moments.
We may suspend or terminate an account where we reasonably believe:
Where reasonably practicable, we will provide notice and an opportunity to resolve a remediable issue before permanent termination.
This does not prevent us taking immediate action where reasonably necessary for safety, security or legal compliance.
Termination does not remove any rights a consumer has under applicable law.
We may update these Terms from time to time to reflect changes to our services, technology, security practices or legal obligations.
The current Terms and their effective date will be published on our website.
If a change materially affects an existing customer's rights or obligations, we will take reasonable steps to provide advance notice where practicable.
Changes will generally operate prospectively.
We will not use a change to these Terms merely to remove a material paid entitlement from an existing active package without reasonable justification.
These Terms are governed by the laws of Queensland, Australia.
Nothing in this clause prevents a consumer from exercising rights available under applicable Australian consumer protection legislation or using a court or tribunal that has jurisdiction under applicable law.
Questions, complaints and notices relating to these Terms can be sent to:
Email: support@preciousmoments.com.au
Business: Precious Moments Digital Gallery
Legal entity / ABN:
56 412 498 106