These Terms of Use ("Terms") govern your use of the SportPix website (“Website”), owned and operated by InstaPix (Pty) Ltd (“InstaPix”, “SportPix”, "we", "us", "our"). By accessing, browsing, and/or purchasing items from this Website, you ("you", "User", "Customer") acknowledge that you have read, understood, and agreed to be bound by these Terms. If you disagree with these Terms, please do not use this Website or our services.

1. Company Information

SportPix is an online event photography business specialising in capturing, processing, and selling professional digital and printed photos at various sporting events across South Africa.

Registered Entity: InstaPix (Pty) Ltd
Registration Number: 2017/09882307
Address: 3 Highland Road, Hillcrest, 3610, Durban, South Africa
support@sportpix.co.za

2. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Should you wish to institute legal proceedings against SportPix, you consent to the jurisdiction of the South African courts.

3. Use and Access of the Website

• You agree to use this Website solely for lawful purposes and not to engage in actions that might breach applicable South African legislation or international agreements.
• You must be at least 18 years old, or use the Website under direct parental or guardian supervision and consent.

4. Product Information & Pricing Policy

• All photos are displayed and offered for sale in South African Rand (ZAR).
• SportPix reserves the right to adjust prices or remove products without prior notice.

5. Ordering and Contract Formation

By placing an order on our Website, you offer to purchase photos subject to these Terms. Receipt of your order will be confirmed by email; however, the legal contract between SportPix and you is only complete once we confirm acceptance by delivering the ordered goods, either digitally or physically.

6. Payment Terms

• Payments are processed securely via PayFast, a highly reputable South African payment gateway accepting credit card, debit card, SnapScan, and Zapper.
• Payments made via Direct Bank Deposit (EFT) will only be processed and delivered once payment reflects as cleared in our bank account.
• Card transactions are secured through Secure Socket Layer (SSL3) encryption; no card details are stored on our Website.
• Any costs incurred from failed transactions, returned payments, or incorrect banking details will be borne by the purchaser.

7. Delivery Policy

Digital Photos:

• Standard digital images are delivered instantly upon payment confirmation (usually within a few minutes).
• High-resolution original images may take 2–3 days after the event for processing and delivery.

Physical Prints:

• Physical orders (printed photographs) typically take between 2–7 working days for delivery depending on the delivery option selected at checkout.
• SportPix utilises reputable third-party couriers for deliveries within South Africa.
• While we take utmost care in delivery, SportPix does not accept liability for delays outside our reasonable control.

8. Refund and Returns Policy

• Digital photo orders (downloads, videos, pre-orders, bulk-packs) cannot be refunded unless objectively substandard or defective.
• Printed goods will only be refunded or replaced when the product received is substandard or defective.
• Refund requests should be emailed to us within 7 days of delivery, clearly stating the reasons, supported by photographic evidence.

9. Photo Quality, Colour & Representation

Photos displayed online may differ slightly from original images due to variations among electronic devices. Images displayed online represent as accurate an impression as possible but cannot guarantee precise colour accuracy and image sharpness due to the nature and limitations of viewing photos online.

10. Copyright and Image Usage Rights

• All image copyrights, usage, publication and intellectual property rights lie exclusively with SportPix.
• Images purchased are licensed for personal non-commercial use only (including personal social media sharing, personal printing, personal archives).
• Commercial use, advertising, resale or redistribution is strictly prohibited without express written consent by SportPix.
• Violation of this clause will result in legal action; all associated costs will be borne by the infringing party.

11. Privacy and Data Protection (In Accordance with PAIA & POPIA)

• SportPix respects your privacy in compliance with the Promotion of Access to Information Act 2 of 2000 (PAIA) and Protection of Personal Information Act 4 of 2013 (POPIA).
• We collect personal information only to process orders, to verify user identity (OTP verification) securely, and for email correspondence directly relevant to your orders placed.
• Your information is securely stored, never shared or sold to third parties unrelated to delivering SportPix's services.
• Any user may request the removal of personal data from our records should they no longer consent to its being stored, subject to applicable South African legislation.

12. Protected Categories (Specific to Minors)

• Certain photo galleries featuring minors (under 18 years) are restricted and require secure login verification (OTP via mobile number) before viewing to ensure compliance with South African child protection standards.
• Users accessing protected categories explicitly acknowledge their identity verification.

13. Customer Information and Security

• Customer information is stored separately from payment or card details, which are held securely by PayFast.
• SportPix operates robust encryption mechanisms to secure user information.

14. External Links Disclaimer

The SportPix Website may include external links to third-party websites. We expressly disclaim responsibility for verifying, maintaining, or controlling those external websites. We bear no liability for damages or losses arising from external linked sources.

15. Limitation of Liability

• SportPix accepts liability for defective products or direct losses resulting from our gross negligence or intentional misconduct only.
• We hold no liability for indirect, incidental, or consequential damages arising from usage of our services.
• SportPix cannot be held responsible for data loss or system malfunction attributed to the user's electronic devices or network problems beyond our control.

16. Event Photography Disclaimer

You acknowledge that entering certain sporting events implicitly grants consent to photographers (including SportPix) to photograph participants and subsequently offer those photographs for sale on this Website. To withdraw consent, please explicitly contact and inform SportPix and your event organiser.

17. Severability and Validity

If any provision within these Terms is judicially declared unenforceable or invalid, it shall not affect remaining provisions, which shall remain legally binding and fully enforceable.

18. Updates to These Terms

SportPix reserves the right, at its discretion, to modify these Terms at any time, with effect from the date indicated at the top of this page. Users are responsible to review these Terms regularly.

19. Contact Information & Complaints

For queries, complaints, or assistance, please contact us:

Email: support@sportpix.co.za

Telephone: 082 514 8996

Address: 3 Highland Road, Hillcrest, 3610, Durban, South Africa

By accessing, navigating, and/or transacting on the SportPix website, users explicitly agree to abide by all the terms detailed herein.