Terms and Conditions for TXD Estate Photography
Last Updated: 31 October 2024
Welcome to txdestatephotography.com (the “Website”). These Terms and Conditions (“Terms”) govern your use of the Website, operated by TXD Estate Photography Pty Ltd (“TXD Estate Photography,” “we,” “our,” or “us”), and the services provided through it. By accessing or using our Website and services, you agree to comply with these Terms. If you do not agree with any part of these Terms, please refrain from using our Website and services.
1. Company Information
- Business Name: TXD Estate Photography Pty Ltd
- Website: txdestatephotography.com
- Address: 10 Wattle Street, Brackendowns
- Email: txdlamini01@gmail.com
2. Scope of Services
TXD Estate Photography provides professional real estate photography services (the “Services”) to assist clients in marketing properties. These services may include, but are not limited to, property photography, aerial photography, video tours, and editing services.
3. Acceptance of Terms
By accessing or using our Website or Services, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy.
4. User Obligations
When using our Website or engaging our Services, you agree to:
- Provide accurate and complete information about yourself and any requested property details.
- Ensure that you have the necessary permissions to authorize us to photograph, film, or access the property for our Services.
- Refrain from using our Services or Website for any unlawful or unauthorized purpose.
- Follow any instructions or policies provided by TXD Estate Photography in relation to the Services.
5. Booking and Payment Terms
a. Booking
All bookings are subject to availability and must be confirmed by TXD Estate Photography. You may book our Services via our Website, phone, or email. We reserve the right to refuse or cancel any booking at our discretion.
b. Payment
All fees for our Services will be clearly communicated at the time of booking. Payment must be made upon completion of Services unless otherwise agreed upon in writing. Accepted payment methods will be provided at the time of booking.
c. Cancellation and Rescheduling
You may cancel or reschedule a booking with at least 48 hours’ notice. Cancellations made less than 48 hours prior to the scheduled service time may incur a cancellation fee of up to 50% of the service cost. No-shows or same-day cancellations may be charged the full service fee.
6. Copyright and Intellectual Property
All content on our Website, including text, images, graphics, and logos, is owned or licensed by TXD Estate Photography and protected by copyright laws. You may not use, reproduce, distribute, or create derivative works from any content without our express written permission.
a. Ownership of Photos and Videos
TXD Estate Photography retains copyright to all photos, videos, and other materials created as part of the Services unless explicitly agreed otherwise in writing. Upon full payment, you are granted a non-exclusive, limited-use license for personal or commercial purposes related to property marketing.
b. Prohibited Use of Images
You may not resell, alter, or redistribute our images or videos for purposes outside of property marketing or as agreed upon. Any unauthorized use may result in legal action.
7. Limitation of Liability
To the fullest extent permitted by law, TXD Estate Photography is not liable for:
- Any indirect, incidental, or consequential damages arising out of your use or inability to use the Website or Services.
- Delays or interruptions due to unforeseen events or factors beyond our control, including but not limited to natural disasters, technical issues, or access restrictions.
- Losses, damages, or liabilities arising from unauthorized access or misuse of your personal data as described in our Privacy Policy.
Our total liability to you for any claims, damages, or losses shall not exceed the total amount paid by you for the specific Services provided.
8. Indemnification
You agree to indemnify, defend, and hold harmless TXD Estate Photography, its employees, contractors, and affiliates from any claims, liabilities, damages, and expenses, including reasonable legal fees, arising out of your violation of these Terms, your use of our Services, or any third-party claims related to property access, permissions, or other obligations.
9. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information when using our Website and Services.
10. Third-Party Links and Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by TXD Estate Photography. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. Accessing third-party websites is at your own risk, and you are encouraged to review their terms and policies.
11. Modifications to Terms
TXD Estate Photography reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our Website. Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of the revised Terms. Please check this page periodically to stay informed about any changes.
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. Any legal disputes arising from these Terms, the Website, or our Services will be subject to the exclusive jurisdiction of the courts of South Africa.
13. Dispute Resolution
In the event of any dispute, you agree to first attempt an informal resolution by contacting TXD Estate Photography. If an amicable solution cannot be reached, disputes may be settled through mediation or arbitration, at the discretion of TXD Estate Photography.
14. Termination
TXD Estate Photography reserves the right to terminate or suspend access to our Website and Services if you breach these Terms, or if we suspect any unlawful activity. Upon termination, your right to use the Website and Services will immediately cease.
15. Contact Us
If you have any questions or concerns regarding these Terms, please feel free to contact us:
- Email: txdlamini01@gmail.com
- Address: 10 Wattle Street, Brackendowns
Thank you for choosing TXD Estate Photography. By using our Website and Services, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions