Welcome to www.photography.co.tz (the "Website"). These Terms of Service ("Terms") govern your access to and use of this Website and the photography services provided by ©Hanif Abdulrasul ("Photographer," "we," "us," or "our"). By accessing or using this Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use this Website.
Definitions
"Content" refers to all photographs, images, text, graphics, logos, and other materials displayed on this Website.
"Services" refers to photography services, including but not limited to portrait, event, commercial, and editorial photography.
"Client" refers to any individual or entity (including parents, guardians, and educational institutions) that engages the Photographer for Services or purchases Deliverables.
"User" refers to any person accessing or using this Website.
"Deliverables" refers to final edited photographs, digital files, prints, physical photo products, or other items provided to Clients.
Intellectual Property & Copyright
2.1 Ownership All Content on this Website, including all photographs, images, and visual works, is the exclusive property of ©Hanif Abdulrasul and is protected by the Copyright and Neighbouring Rights Act (Cap. 218 of the Laws of Tanzania), international copyright treaties, and other applicable intellectual property laws.
2.2 Copyright Notice ©Hanif Abdulrasul. All rights reserved. No part of this Website or its Content may be copied, reproduced, distributed, transmitted, displayed, licensed, sold, or otherwise exploited without prior written permission from the copyright holder.
2.3 Prohibited Uses You may not:
Copy, reproduce, or download any images from this Website without written permission.
Remove watermarks, copyright notices, or metadata from any photographs.
Use any Content for commercial purposes without a valid license.
Create derivative works from any photographs without authorization.
Resell, redistribute, or sublicense any Content.
Photography Services & Orders
3.1 Booking & Payments A non-refundable booking fee is required to confirm private photography sessions. For product and print orders, we accept payments via Selcom mobile money gateways. All orders for prints, yearbooks, and custom products must be paid in full upfront. Printing and fulfillment will not commence until the Client submits valid proof of payment and the transaction is successfully verified by our systems.
3.2 Cancellation & Refund Policy Private Sessions: The booking fee is non-refundable. Cancellations made within 48 hours of the scheduled session may incur additional charges.
Custom Product Sales: Due to the personalized nature of physical prints, yearbooks, and custom photographic products, all sales are final. No refunds will be issued once an order has entered the printing queue unless the physical product is delivered with a manufacturing defect or is damaged in transit.
3.3 Scope of Work The Photographer retains artistic license regarding poses, locations, and final image selection. Raw/unedited files are not available for purchase or distribution.
3.4 Delivery & Archiving Final edited images will be delivered within the timeframe specified. Delivery methods include digital download, physical school delivery, or online gallery access. Online proofing galleries provided to Clients will remain active for exactly 90 days from the date of publication. After 90 days, the gallery will expire, and digital files may be purged from our active servers.
Licensing & Usage Rights
4.1 License Grant Upon full payment, Clients receive a non-exclusive, non-transferable license for personal use of the purchased images. This license does not constitute a transfer of copyright.
4.2 Commercial Licensing Commercial use requires a separate Commercial Licensing Agreement.
4.3 Attribution When publishing or sharing images publicly, proper credit must be given to ©Hanif Abdulrasul including a link to this Website where technically feasible.
4.4 School Licensing
Where Services are commissioned in partnership with an educational institution, the Photographer grants the school a limited, non-exclusive license to use the student photographs solely for internal administrative purposes (e.g., student identification systems, school databases) and for the official publication of the school yearbook. This license does not extend to external marketing or commercial use by the school without a separate written agreement.
School Photography & Minor Consent
5.1 Opt-Out Consent Model
When photography services are provided at a school for official portrait days, consent is managed on an opt-out basis. By permitting their child to attend school on the designated photography day and stand for a portrait, parents/guardians grant consent for the child to be photographed.
5.2 Withholding Consent
If a parent/guardian does not consent to their child being photographed, it is the sole responsibility of the parent/guardian to notify the school administration prior to the event and to instruct their child that they do not have permission to be photographed.
Limitation of Liability
6.1 General Limitation To the maximum extent permitted by law, ©Hanif Abdulrasul shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of this Website or Services.
6.2 Technical Limitations Color matching cannot be guaranteed across all monitors, devices, and print outputs. The Photographer is not responsible for color variations resulting from different display technologies or the physical printing processes.
Website Use
7.1 Acceptable Use You agree not to use this Website for any unlawful purpose, attempt to gain unauthorized access, or use automated means to scrape Content.
7.2 Account & Gallery Security To protect the privacy of minors and our Clients, online viewing galleries are strictly secured. Access to individual student photos requires a unique password assigned specifically to each student. You are responsible for maintaining the confidentiality of this password. Users are strictly prohibited from attempting to bypass these security measures to view photographs of other students.
Privacy & Data Protection
Your use of this Website is also governed by our Privacy Policy. By using this Website, you consent to the collection and use of information in compliance with applicable data protection laws, including the Personal Data Protection Act (PDPA) No. 11 of 2022 of Tanzania.
Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Tanzania, specifically located in Dar es Salaam.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this Website. Your continued use of this Website following any changes constitutes acceptance of the revised Terms.
Contact Information
For questions about these Terms, licensing inquiries, or to submit proof of payment, please contact:
©Hanif Abdulrasul
Email: hanif@photography.co.tz
Website: www.photography.co.tz