1. Introduction & Acceptance of Terms
Welcome to Marketplace.InfrastructurePhotos (“the Site,” “we,” “us,” or “our“), an online marketplace for licensing stock photography specialising in aerial, architectural, construction, and infrastructure imagery across South Africa and select African markets, operated by InfrastructurePhotos (“the Company“).
These Terms & Conditions (“Terms“) govern your access to and use of the Site, including browsing, creating an account, purchasing image licences, and requesting custom photography or commissioned work. By accessing or using the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
We may update these Terms from time to time (see Section 13). Continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
These Terms should be read together with our Privacy Policy, which explains how we collect and use your personal information.
2. Definitions
In these Terms, unless the context requires otherwise:
- “Content” means all photographs, images, previews, thumbnails, descriptions, and other material made available on the Site.
- “Image” or “Licensed Image” means a photograph purchased through the Site.
- “Licence” means the limited rights granted to you to use a Licensed Image under Section 6.
- “Order” means a request to purchase one or more Licences, placed and paid for through the Site’s checkout.
- “User,” “you,” or “your” means any person who accesses or uses the Site, whether or not they hold an account.
- “Custom Work” or “Commissioned Work” means photography or images produced at a User’s request under Section 7, rather than pre-existing Content already listed on the Site.
- “POPIA” means the Protection of Personal Information Act 4 of 2013.
- “CPA” means the Consumer Protection Act 68 of 2008.
3. About Us
We are not currently registered for Value-Added Tax (VAT) in South Africa. Accordingly, no VAT is charged on Orders placed through the Site, and no VAT invoices will be issued. Should our VAT registration status change, this section will be updated and pricing adjusted accordingly.
You can reach us at:
- General enquiries: info@infrastructurephotos.com
- Sales & licensing: sales@infrastructurephotos.com
- Custom image requests / commissions: commissions@infrastructurephotos.com
4. Accounts & Eligibility
You may browse the Site without an account, but an account is required to complete a purchase and to access your order history and downloads. You must be at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract to create an account or place an Order.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at info@infrastructurephotos.com if you suspect unauthorised use of your account.
We may suspend or terminate an account at our discretion where we reasonably believe these Terms have been breached, including for fraudulent payment, attempted circumvention of the Licence terms in Section 6, or abusive conduct toward our staff.
5. Browsing, Pricing & Payment
All prices displayed on the Site are in South African Rand (ZAR) and are inclusive of any applicable fees unless stated otherwise. As noted in Section 3, no VAT is added, as we are not VAT-registered.
We make reasonable efforts to ensure prices and product descriptions are accurate, but errors may occasionally occur. If we discover a pricing error on an Order that has not yet been fulfilled, we will contact you to confirm the corrected price before proceeding, or cancel and refund the Order if you do not wish to proceed.
Payments are processed securely through PayFast, our third-party payment gateway. We do not store your full card or banking details; these are handled directly by PayFast under its own terms and security standards. By placing an Order, you also agree to PayFast’s applicable terms.
An Order is only confirmed once payment has been successfully received. We reserve the right to refuse or cancel any Order, including where we suspect fraud, error, or a breach of these Terms.
6. Image Licensing Terms
6.1 Limited-edition model
Each Image on the Site is licensed to a maximum of five (5) buyers, after which it is retired from sale and no longer available as a standard Licence. The number of licences remaining for a given Image, where displayed, is provided for information and is not guaranteed to be error-free; in the rare case of a technical or timing error resulting in a sale beyond five licences, we will contact affected buyers to resolve the issue, which may include a refund.
6.2 Grant of licence
Subject to full payment and your compliance with these Terms, we grant you a non-exclusive, non-transferable, perpetual licence to use the Licensed Image worldwide for your own business or personal purposes, including in marketing materials, websites, social media, presentations, print publications, tenders, reports, and advertising.
Ownership of and copyright in every Image remains with InfrastructurePhotos at all times. Purchasing a Licence grants you the right to use the Image under these Terms; it does not transfer copyright or any other intellectual property right to you.
6.3 Permitted use
You may:
- Reproduce, display, and adapt (e.g. crop, recolour, combine with text) the Licensed Image for the permitted purposes above;
- Use the Licensed Image across your own organisation’s internal and external materials; and
- Make reasonable backup copies for your own use.
6.4 Prohibited use
You may not, without our prior written consent:
- Resell, sublicense, redistribute, or share the Licensed Image as a standalone file or stock asset, including on any other stock photography platform, marketplace, or asset library;
- Use the Image as part of a trademark, logo, or product for sale in a manner that implies the Image itself is your registered brand asset;
- Use the Image in a way that is defamatory, obscene, unlawful, or that infringes the rights of any third party;
- Use the Image in a manner that falsely implies endorsement, sponsorship, or affiliation by any person, company, or property depicted in it;
- Remove, obscure, or alter any watermark from preview images, or otherwise attempt to obtain a usable image without completing an Order; or
- Claim ownership of or register copyright in the Image.
6.5 Property & site access
Our Images are infrastructure, architectural, and construction photography — not modelling or portrait work. Under South African law, photographing a building or piece of infrastructure visible from a public vantage point, and licensing that photograph commercially, generally does not require the property owner’s consent. We do not typically seek or hold property releases, and none are required for ordinary use of our Images.
Two situations are worth flagging: some Images may involve on-site access granted by a project owner or contractor (noted on the listing where relevant), and using an Image in a way that implies a depicted company or property owner endorses, sponsors, or is affiliated with you is restricted under Section 6.4 regardless of property-release questions. If your intended use touches either of these, or you’re simply unsure, contact sales@infrastructurephotos.com before proceeding.
6.6 Extended and exclusive licences
If you require rights beyond this standard Licence — for example, full exclusivity, resale rights, or use as a registered trademark — please contact sales@infrastructurephotos.com to discuss a custom licence agreement. No extended rights apply unless confirmed in writing.
6.7 Breach of licence
Using an Image outside the scope of this Licence, or in breach of Sections 6.3–6.4, terminates your Licence for that Image immediately and may result in legal action, including a claim for damages and/or an account suspension under Section 4.
7. Custom Image Requests & Commissioned Work
If you can’t find an Image that meets your needs, you may submit a request describing the subject, location, and intended use via the Site’s image request form or commissions@infrastructurephotos.com. Submitting a request is not an Order and does not obligate either party until a scope, price, and delivery timeline are agreed in writing (including by email).
Unless otherwise agreed in writing, Custom Work is subject to a separate quote and, once agreed, is licensed to you on the terms set out in that written agreement rather than the standard five-licence model in Section 6, since Custom Work is typically produced for your specific use rather than added to general marketplace inventory.
Access to sites for photography (for example, active construction sites or private property) is your responsibility to arrange and confirm as safe and lawful unless we expressly agree otherwise in writing.
8. Delivery, Refunds & Cancellations
8.1 Delivery
Licensed Images are delivered electronically as downloadable digital files, generally available immediately after successful payment via your account’s Downloads area and/or a link sent to your order email address. Download availability is also subject to Section 6.1 (the five-licence limit) and normal technical availability of the Site.
8.2 Refunds
Because Licensed Images are digital content delivered immediately on purchase, Orders non-refundable once the Image has been downloaded, in line with standard practice for digital goods. This does not affect any right you may have under South African consumer protection law that cannot lawfully be excluded.
We will consider a refund or replacement on reasonable grounds, including:
- A technical fault that prevents you from downloading the Image you purchased;
- A duplicate or accidental charge; or
- An Image materially different from its listing description or preview.
To request a refund, contact sales@infrastructurephotos.com within 7 days of your Order, describing the issue. We will respond within a reasonable time.
8.3 Cancellations
Because delivery is immediate, Orders cannot be cancelled once payment has been completed. If you believe an Order was placed in error before any download occurred, contact us promptly and we will assess the request in good faith.
9. Intellectual Property & Site Content
Except for Licensed Images used strictly in accordance with Section 6, all Content on the Site — including watermarked previews, thumbnails, text, logos, the InfrastructurePhotos name and branding, and the Site’s design and code — is owned by or licensed to [Company Legal Name] and is protected by South African and international copyright, trademark, and other intellectual property laws.
You may not copy, scrape, download, or use watermarked preview images for any purpose other than deciding whether to purchase a Licence. Automated scraping, bulk downloading, or bypassing watermarking or access controls is strictly prohibited.
10. Prohibited Conduct
When using the Site, you agree not to:
- Provide false or misleading information when creating an account or placing an Order;
- Attempt to gain unauthorised access to the Site, other users’ accounts, or our systems;
- Introduce viruses, malware, or other harmful code;
- Use the Site for any unlawful purpose or in a way that infringes the rights of others;
- Interfere with or disrupt the operation of the Site, including via automated bots, scraping tools, or excessive requests; or
- Attempt to circumvent the licence, payment, or watermarking mechanisms described elsewhere in these Terms.
We may suspend access, cancel Orders, and/or pursue legal remedies in response to a breach of this section.
11. Disclaimers, Liability & Indemnity
11.1 Disclaimer
The Site and its Content are provided “as is” and “as available.” We do not warrant that the Site will be uninterrupted, error-free, or secure, or that Images will be fit for any particular purpose beyond what is described in Section 6. Nothing in these Terms excludes any warranty, right, or remedy that cannot lawfully be excluded under the CPA or other South African law.
11.2 Limitation of liability
To the maximum extent permitted by law, our total liability to you arising out of or in connection with the Site or any Order is limited to the amount you paid for the relevant Order. We are not liable for indirect, incidental, or consequential loss, including loss of profit, business, or reputation, arising from your use of the Site or an Image, except where such liability cannot lawfully be excluded.
11.3 Indemnity
You agree to indemnify and hold us harmless against any claim, loss, or expense (including reasonable legal costs) arising from your breach of these Terms or your use of a Licensed Image outside the scope of the Licence granted in Section 6.
12. Privacy
We process personal information (such as your name, email address, and billing details) in accordance with POPIA and our separate Privacy Policy [link to Privacy Policy], which explains what we collect, why, and your rights over it. Payment information is handled directly by PayFast under its own privacy and security terms; we do not store your full card details.
13. Governing Law, Disputes & Changes to These Terms
These Terms are governed by the laws of the Republic of South Africa. Subject to any right you may have to approach a consumer protection body or the courts under the CPA, you agree that the courts of South Africa have exclusive jurisdiction over any dispute arising from these Terms.
Before initiating formal proceedings, we encourage you to first contact us at info@infrastructurephotos.com so we can attempt to resolve the matter directly.
We may amend these Terms at any time by posting the updated version on the Site with a new “last updated” date. Material changes will, where practical, be highlighted on the Site. Continuing to use the Site after changes take effect means you accept the updated Terms; an Order already placed remains governed by the Terms in effect at the time of that Order.
14. Contact Us
Questions about these Terms, an Order, or a Licence can be sent to:
- General enquiries: info@infrastructurephotos.com
- Sales & licensing: sales@infrastructurephotos.com
- Custom image requests / commissions: commissions@infrastructurephotos.com