Terms and Conditions of Use and Service
General
By engaging in services provided by Zonje Photography, you agree to all of our terms and conditions, including any and all amendments thereto, which may occur periodically without notice and of which you should maintain awareness. Your continued use of the website shall constitute acceptance of all terms and conditions.
In terms of Section 11 of the Electronic Communications and Transactions Act (ECT) 25 of 2002 and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the Zonje Photography website.
This agreement and the use of this website are governed by the laws of South Africa.
All intellectual property on the website, including but not limited to content, trademark (or any confusingly similar trademarks), trade names, logos, pictures, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to us and as such, are protected from infringement by domestic and international legislation and treaties. All rights to intellectual property on the website are expressly reserved. No person shall amend, copy, use, decompile and/or reverse engineer the source code of the website. No person may use photographs, data, logos, icons or trademarks from the website as hyperlinks or for other purposes without our consent.
Your consent is important for the processing and completion of any transaction or service provided by our business, in line with our Privacy Policy and the Protection of Personal Information Act (POPIA) in South Africa.
1. Information Collection and Use:
I/we agree that Zonje Photography may collect and use my/our personal information from,
inter alia, but not expressly restricted to, public sources or data
providers, such as social media platforms and directories, to determine eligibility for
services, such as photography sessions, prints, and other related offerings, in compliance
with the Protection of Personal Information Act (POPIA).
2. Sharing of Information:
I/we agree that Zonje Photography may share my/our information with:
• Third-party service providers (such as print shops, online galleries, payment processors, etc.) to facilitate the completion of orders and services. These third-party providers are also expected to comply with POPIA and protect personal data accordingly.
• Legal or regulatory authorities when required, for the purpose of compliance, fraud detection and prevention, or other legal obligations.
3. Privacy and Data Processing:
I understand that Zonje Photography will process my/our personal information in
accordance with the Privacy Policy and POPIA guidelines. This includes details about
the photography session, payment details, communication preferences, and any other
relevant data necessary for the fulfilment of services.
Zonje Photography shall ensure that my/our personal data is stored securely
and processed in line with applicable laws and regulations.
4. Consent for Service Processing:
Your consent is crucial to the continuation of our services, including outsourced services or any related transaction. By proceeding with any booking, purchase, or service
request, you agree to the terms and conditions and the processing of personal data as
outlined in our Privacy Policy. You may withdraw your consent at any time by contacting
us directly in writing, but please note that doing so may impact the ongoing service.
5. Warranties and Representations:
I/we hereby warrant that I am/we are the primary user(s) and primary contact(s) with the
authority to complete and manage any transactions and agreements related to the services
provided by Zonje Photography. This includes acceptance of the terms and
conditions and binding the legal entity (if applicable) to these terms. All actions taken
will be ratified as agreed herewith.
6. Limitation of Liability:
Zonje Photography will make every effort to protect your personal data and ensure
compliance with POPIA. However, subject to the provisions of sections 43(5) and 43(6) of
the ECT Act, if applicable, and as far as allowed by law, we shall not be liable for any
damage, loss or liability of any nature incurred by whomever resulting from access or use of
our website or the purchase of any of our products or services. You hereby agree, to the
extent permitted by law, to indemnify us against any loss, damage or claim that you may
suffer as a result of your use of our website and/or its contents, contrary to these
terms or not.
7. Third-Party Risks:
Zonje Photography’s website may contain links to other websites of interest.
However, once you have used these links to leave our site, you should note that we do not
have any control over that other website. Therefore, we cannot be responsible for the
protection and privacy of any information which you provide whilst visiting such sites and
such sites are not governed by this privacy statement. You should exercise caution and look
at the privacy statement applicable to the website in question.
8. Insurance and Data Security:
Zonje Photography strives to maintain the highest standards of data security,
but we all know what sometimes happen. We do not insure clients against damages and
it is recommended that clients consider cyber liability insurance to safeguard against data
breaches or other cybersecurity risks.
9. Acceptance of Terms:
By engaging with Zonje Photography’s services, I/we agree to the Terms and
Conditions laid out in this document and all policies. This includes the processing and sharing of personal information as described herein, in the Privacy Policy and in
compliance with POPIA.