1. Services Provided
We specialize in capturing individual and group photos of students in various schools. These photos are made accessible online for parents to view and purchase. Access to the online gallery requires a password provided by the respective school.
2. Payment Terms
Parents are required to make upfront payments before the processing of photos. Specific viewing, ordering, and payment deadlines are communicated through the school’s notifications. Orders placed within this period will be delivered to the school on the specified date. Late payments necessitate collection from our offices via appointment only.
3. Cancellations and Rescheduling
Cancellations and rescheduling are primarily coordinated between Open Image Photography and the school. However, we strive to accommodate parents’ needs and concerns as our paying clients.
4. Usage Rights
Parents are granted full rights to use the photos of their child for personal purposes.
5. Refunds and Replacements
Should there be any issues with the photos, parents can contact us for a resolution. We offer refunds or replacements for valid complaints. For undelivered photos, parents must notify us within 30 days of the delivery date for resolution.
We are not responsible if a parent orders a digital copy and fails to provide the correct email address for delivery, or if the email ends up in their spam folder or is blocked by their VPN or company network. Should they not receive the digital copy, they must inform us promptly.
6. Payment References
If parents pay for their order but fail to use their order number as the reference number, or if they use an incorrect reference number, we cannot allocate the payment to the correct order. In such cases, it is the responsibility of the parent to inform us via email so that we can make the necessary corrections and process the order accordingly.
7. Photo Editing and Printing
We are not responsible for cleaning, fixing, or altering school uniforms during the editing process. Similarly, we do not undertake the task of correcting or removing any marks or alterations made to the child’s appearance before the photo session.
8. Printing Material
Photos will be printed on matte/luster paper for optimal quality and longevity.
9. Creative Editing Rights
We reserve the creative right to edit photos to enhance their overall quality and appearance, ensuring they meet our standards for excellence.
10. Copyright and Trademark
Content Ownership:
All content and images displayed on our website, including but not limited to photographs, text, logos, graphics, and design elements, are the property of Open Image Photography and are protected by copyright laws.
Usage Restrictions:
No part of this website may be reproduced, distributed, or transmitted in any form or by any means, without the prior written permission of Open Image Photography. Unauthorized use of any content or images from this website may violate copyright, trademark, and other applicable laws.
Trademarks:
All trademarks, service marks, and logos displayed on this website are the property of their respective owners. Use of any trademarks, service marks, or logos without the express written consent of the trademark owner is strictly prohibited.
Reporting Copyright Infringement:
If you believe that any content or images on our website infringe upon your copyright, please contact us immediately with detailed information so that we can take appropriate action.
11. Privacy and POPIA Compliance
Open Image Photography complies fully with the Protection of Personal Information Act (POPIA). All personal data, including photographs, is processed lawfully and securely, strictly for the purpose of viewing and purchasing school-related photographs.
- Passwords are distributed solely by the school to protect access to galleries.
- Only parents or legal guardians may view and order their child’s images.
- No images will be sold or shared with any third party without prior written consent.
- Photographs are strictly for intended purposes such as order processing, gallery access, or school use (e.g. yearbooks, administration, marketing).
- We take all reasonable steps to secure the digital storage and processing of your data.
By accessing the gallery, you confirm your legal right to do so and agree to use the photos responsibly in line with POPIA.
12. Unauthorized Access
You are responsible for keeping your gallery password confidential. Sharing the password with unauthorized parties is strictly prohibited and may result in access being revoked. We will not be held liable for misuse resulting from password sharing.
13. Payment Processing and Security
All online payments are processed securely via trusted third-party payment providers. We do not store or have access to your credit/debit card details. You are responsible for ensuring the payment information you provide is accurate and up to date.
14. Website Availability
We strive to maintain uninterrupted access to our website and online galleries. However, we cannot guarantee availability at all times due to technical issues or maintenance. We will notify users of extended downtimes whenever possible.
15. Special Requests
We do not accommodate special requests for props during photo sessions.
16. Dispute Resolution
Parents are encouraged to contact us directly for any complaints or disputes for prompt resolution.
17. Liability
We do not assume liability for accidents or injuries occurring during photo sessions.
18. Governing Law
These terms and conditions are governed by the laws of the Republic of South Africa. Any disputes arising from them shall be subject to the exclusive jurisdiction of South African courts.
By accessing our services and purchasing our products, you agree to abide by these terms and conditions.