Terms and conditions

1. About these terms

These terms form an agreement between you and PhotoGecko (Pty) Ltd. (“PhotoGecko”, “we”, “us” or “our”), based in Cape Town, South Africa. They apply when you visit PhotoGecko, create an account, upload content, buy a photograph or use any related service.

By using PhotoGecko or completing a purchase, you confirm that you have read and accepted these terms, our Privacy Policy and our Refund Policy. If you use PhotoGecko for an organisation, you confirm that you are authorised to bind that organisation.

Nothing in these terms limits a right or remedy that cannot lawfully be limited under the Consumer Protection Act, the Electronic Communications and Transactions Act, POPIA or other applicable South African law.

2. How the marketplace works

PhotoGecko provides an online marketplace where independent photographers can publish and license digital photographs to buyers. The photographer remains responsible for the photographs, event information, pricing and permissions they provide. PhotoGecko operates the marketplace, processes orders, protects files, records seller earnings and facilitates delivery and payouts.

A listing is an invitation to buy. Your order is accepted once payment is successfully confirmed and the order page makes the purchased file available. We may reject or cancel an order before delivery where payment fails, the listing is incorrect, the file is unavailable, fraud is suspected or the sale would be unlawful. Any amount already paid for a cancelled order will be refunded.

3. Accounts and acceptable use

You must provide accurate information, keep your sign-in details secure and notify us promptly if you suspect unauthorised access. You are responsible for activity performed through your account unless caused by our failure to use reasonable security safeguards.

• Do not misuse the website, probe its security, bypass access controls, scrape content at scale, introduce malicious code or interfere with another person’s use.
• Do not use another person’s identity, payment method, photograph or personal information without lawful authority.
• Do not copy, remove watermarks from, redistribute or commercially exploit previews or purchased files beyond the licence granted below.
• You must be at least 18 years old to open a seller account or have the consent and supervision of a parent or legal guardian.

4. Prices, payment and delivery

Prices are displayed in South African rand. Buyers are charged the listed photo prices less any valid discount shown at checkout, with no additional platform or processing surcharge. PhotoGecko’s 10% commission is deducted from the photographer’s share and is not added to the buyer’s price. Any tax treatment applies as stated at checkout.

Payment is handled by the payment methods made available at checkout. A payment may be subject to the payment provider’s own terms. Digital files are delivered through a secure order page after successful payment. Download links may expire for security, but an eligible buyer can request a fresh link through the order page or support.

5. Buyer licence

A purchase does not transfer copyright. Once paid, the photographer grants the buyer a personal, non-exclusive, non-transferable licence to download and use the selected file for personal purposes, including personal printing and sharing on the buyer’s own personal social-media accounts.

• The buyer may not resell, sublicense, distribute as stock, use for advertising or merchandise, enter the file in a commercial promotion, or claim authorship.
• The buyer may not provide the original file to another person or service except as reasonably needed to make a permitted personal print.
• Commercial, editorial, school, club, sponsor or publication use requires separate written permission from the photographer or a separate licence offered on PhotoGecko.

6. Photographer responsibilities

Photographers are independent sellers, not employees, agents or partners of PhotoGecko. Each photographer sets their lawful prices and is responsible for their own tax, business, event-access and record-keeping obligations.

By uploading a photograph, the photographer warrants that the listing is accurate; that they own the copyright or have written authority to license it; that publication and sale do not infringe privacy, publicity, contractual or other rights; and that they have complied with event, venue, school and organiser rules.

• Photographers must not upload unlawful, defamatory, exploitative, misleading, obscene or infringing material.
• Images prominently identifying a child may be uploaded and sold only where the photographer has a lawful basis and all permission required from a competent person, organiser, school or venue.
• Photographers must keep their banking and contact details accurate and must not manipulate sales, discounts, downloads or rankings.
• Photographers grant PhotoGecko a worldwide, non-exclusive, royalty-free licence for as long as needed to host, watermark, resize, display, promote, sell and securely deliver their content through the marketplace. Copyright otherwise remains with its lawful owner.

7. Platform fee, earnings and payouts

Registration is free and there is no monthly subscription or listing fee. PhotoGecko retains a commission of 10% of the amount actually paid for each photograph after discounts (rounded to the nearest cent), and the photographer receives the remaining 90%. Ordinary payment-processing fees are paid by PhotoGecko from its commission and are not deducted again from the photographer’s share. The rate and pricing version in force at the time of each sale are stored with that sale; a change in rate applies only to future sales and only after the photographer has accepted it. Refunds, chargebacks or agreed adjustments may be reflected separately in the photographer’s ledger.

Sales ordinarily become available seven days after purchase to allow for payment confirmation, refunds and fraud checks. PhotoGecko creates a payout cycle every 25 days. Eligible available balances are included in that cycle and paid to the photographer’s verified South African bank account after administrator processing. Once a payout is marked paid, the matching amount is deducted from the wallet and the paid balance returns to R0. Pending or uncleared sales remain for a later cycle.

A photographer must report an incorrect statement or payout to support within 30 days after it appears. We may withhold or adjust an amount reasonably linked to a refund, chargeback, fraud investigation, rights complaint, incorrect bank details or breach of these terms. We will not withhold undisputed funds longer than reasonably necessary.

8. Subscriptions and optional paid services

If PhotoGecko offers a paid seller plan or optional service, its price, billing period, included features and cancellation method will be shown before purchase. Recurring charges will not start without the seller’s express agreement. Cancelling stops future renewals but does not ordinarily reverse a period or service already supplied, subject to applicable law and the Refund Policy.

9. Image subjects, minors and takedowns

A person shown in a photograph, a parent or guardian of a child shown, an event organiser or a rights holder may ask us to review or remove a listing. Send the photo number or link, the reason for the request and enough information to verify your connection to the image to privacy@photogecko.co.za.

We may temporarily hide content while investigating, request evidence, notify the photographer and remove or restrict content where reasonably necessary to protect a person, comply with law or enforce these terms. Removal from sale does not automatically revoke a buyer’s earlier lawful personal-use licence, although access may be withdrawn where the law or safety of a person requires it.

10. Copyright complaints

If you believe content infringes your copyright, email support@photogecko.co.za with your contact details, the affected photo or event link, proof of ownership or authority, the nature of the complaint and a statement that the information supplied is accurate. We may remove the content during review and may suspend repeat infringers. Knowingly submitting a false complaint may cause loss to the photographer and PhotoGecko.

11. Moderation, suspension and closure

We may hide a listing, restrict a feature, suspend an account or close an account where reasonably necessary for security, legal compliance, non-payment, repeated complaints, fraud, harmful conduct or a material breach. Where practical, we will give notice and a chance to respond. Serious or urgent risks may require immediate action.

You may ask us to close your account. Closure does not cancel completed purchases, outstanding refunds, chargebacks, lawful record-retention duties or amounts already due. We will handle remaining personal information under the Privacy Policy.

12. Availability and liability

We aim to provide a secure and reliable service, but internet services may occasionally be interrupted. We do not promise uninterrupted availability or that every event participant will have a photograph. Photographers are responsible for their content, subject to any responsibility that applicable law places on PhotoGecko.

To the fullest extent permitted by law, PhotoGecko is not liable for indirect or consequential loss, lost profits or loss caused by events beyond our reasonable control. Our total liability arising from a transaction will not exceed the amount paid for that transaction, except where such a limit is prohibited by law. Nothing excludes liability for fraud, wilful misconduct, gross negligence or any non-excludable consumer right.

13. Complaints and disputes

Please first email support@photogecko.co.za with your account email, order or photo number and a clear description of the problem. We will try to resolve the complaint fairly. These terms are governed by South African law, and disputes may be brought before a court or consumer body with jurisdiction. Nothing prevents a consumer from using the Consumer Goods and Services Ombud or another remedy available by law.

14. Changes and contact

We may update these terms for legal, security or service changes. The updated version applies from the effective date shown below. Material changes affecting existing users will be communicated through the website, account or email where reasonably possible; they will not retrospectively remove accrued rights.

Legal and customer-service enquiries: support@photogecko.co.za. Privacy and image-subject requests: privacy@photogecko.co.za. Operator: PhotoGecko (Pty) Ltd., Cape Town, South Africa. Additional statutory company particulars will be supplied on request and added here once confirmed.