Terms and Conditions

Effective date: 26 January 2025
Last updated: 13 April 2026

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://femagraphy.co.za/ and any related pages, accounts, memberships, digital galleries, digital content, physical product sales, applications, communications, and services made available by Simas Corporation (Pty) Ltd, registration number 2019/162925/07, trading as Femagraphy (“Femagraphy”, “we”, “us”, or “our”).

By accessing or using the website, creating an account, submitting an application, purchasing any product, subscription, membership, or service, or clicking to accept these Terms, you confirm that you have read, understood, and agreed to be bound by these Terms.

If you do not agree to these Terms, you must not use the website.

2. Supplier Information

Responsible Party / Supplier: Simas Corporation (Pty) Ltd
Registration number: 2019/162925/07
Trading name: Femagraphy
Physical address: 74 George Ave, Sandringham, 2192, Gauteng, South Africa
Email address: info@femagraphy.co.za
Privacy / Information Officer contact: The Manager
Website: https://femagraphy.co.za/

Address for legal service:
74 George Ave, Sandringham, 2192, Gauteng, South Africa

Office bearers / directors: M. Marais

3. Important Notice

These Terms contain provisions that may:

  • limit or exclude risks or liability of Femagraphy;
  • create obligations, risks, or liability for you;
  • require you to indemnify Femagraphy; or
  • record acknowledgements by you.

You should read these Terms carefully before using the website or purchasing any product or service.

Nothing in these Terms is intended to unlawfully restrict or exclude any right or obligation that cannot lawfully be restricted or excluded under applicable law, including the Consumer Protection Act, 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), and any other applicable South African law.

4. Adult Content and Age Restriction

Femagraphy is an 18+ only platform.

The website may contain or refer to artistic nude, semi-nude, intimate, or other mature visual content intended only for adults. By using the website, you confirm that:

  • you are 18 years of age or older;
  • you are legally permitted to access such material in your jurisdiction; and
  • you will not allow any minor to access content obtained through your account or device.

Femagraphy does not knowingly sell, license, or provide access to its website, content, memberships, or products to any person under the age of 18.

5. Scope of Services and Products

Femagraphy may offer, now or in future:

  • access to the website and its content;
  • applications for artistic collaborations;
  • digital content, including images, films, galleries, downloads, or digital access products;
  • subscriptions, memberships, or passes;
  • physical goods, prints, magazines, merchandise, apparel, art products, or other items;
  • promotional campaigns, vouchers, or store credits; and
  • related communications and support services.

Certain products or services may be subject to additional specific terms displayed at checkout, on the relevant product page, or in a separate written agreement. If there is a conflict, the more specific terms will apply to that product or service.

6. Website Use

You agree that you will not:

  • use the website for any unlawful, fraudulent, abusive, defamatory, harassing, hateful, or harmful purpose;
  • interfere with the website’s security, functionality, or operation;
  • attempt to gain unauthorized access to any account, system, or data;
  • scrape, crawl, data-mine, harvest, mirror, frame, or reproduce website content by automated means without our prior written consent;
  • upload malware, malicious code, or anything designed to disrupt the website;
  • impersonate any person or entity; or
  • use the website in any way that may damage Femagraphy, its users, collaborators, systems, brand, or rights.

We may suspend, restrict, or terminate access where we reasonably believe these Terms have been breached.

7. User Accounts

Where account registration is offered, you are responsible for:

  • providing accurate and current information;
  • maintaining the confidentiality of your login credentials;
  • all activity carried out through your account; and
  • notifying us promptly if you suspect unauthorized access or misuse.

We may refuse registration, suspend an account, or cancel access where reasonably necessary for security, compliance, or operational reasons.

8. Collaboration Applications and Submissions

If you submit an application, photographs, portfolio material, or other information to Femagraphy:

  • you confirm that you are at least 18 years old;
  • you confirm that the information submitted is accurate to the best of your knowledge;
  • you confirm that you have the right to submit any material you send to us;
  • you acknowledge that submission does not guarantee selection, acceptance, publication, payment, or collaboration; and
  • you acknowledge that any actual creative project, image use, fee arrangement, or release will be governed by separate project-specific agreements where applicable.

Femagraphy may review, store, and communicate about submitted material for the purpose of evaluating applications, managing opportunities, and administering related communications, subject to our Privacy Policy.

9. Product Listings, Descriptions, and Availability

We aim to present products and services as accurately as reasonably possible. However:

  • images are for illustrative purposes and may differ slightly from the final item;
  • colors and appearance may vary by screen, print method, or production process;
  • product descriptions may be updated at any time;
  • availability is not guaranteed until an order is accepted; and
  • obvious errors, including pricing, description, or stock errors, may be corrected.

Placing a product in a cart, wish list, favorites list, or application form does not reserve it.

10. Pricing

All prices displayed on the website are in South African Rand (ZAR) unless clearly stated otherwise.

Prices may be changed at any time before an order is accepted. Delivery charges, taxes, duties, payment processing charges, and any other applicable charges may be added at checkout or otherwise disclosed before payment.

If an obvious pricing or listing error occurs, Femagraphy may cancel the affected order and refund any amount actually paid for that order.

11. Orders and Formation of Contract

An order placed through the website is an offer by you to purchase the relevant product or service.

Femagraphy may accept or reject any order in its discretion, including where there is:

  • a pricing or listing error;
  • suspected fraud or abuse;
  • unavailability of stock or content;
  • payment failure or non-authorization;
  • a breach of these Terms; or
  • a compliance, security, or operational concern.

A binding agreement for sale is formed only when Femagraphy confirms acceptance of the order by:

  • dispatching the physical goods;
  • granting digital access;
  • delivering the digital product;
  • issuing an order acceptance notice; or
  • otherwise expressly confirming the order.

12. Payment

We may offer one or more payment methods from time to time, including card payments, EFT, instant EFT, wallet-based payments, store credit, vouchers, or other methods shown at checkout.

You warrant that:

  • you are authorized to use the payment method submitted;
  • the payment details provided are true and complete; and
  • sufficient funds or authority exist for the transaction.

If a payment is declined, reversed, charged back, or later found to be unauthorized, Femagraphy may suspend delivery, revoke access, deactivate the account, recover losses, or take reasonable enforcement steps.

13. Delivery of Physical Goods

Where physical goods are sold:

  • delivery times are estimates unless we expressly state otherwise;
  • risk in the goods passes to you on delivery to the address provided by you;
  • you are responsible for providing a complete and accurate delivery address;
  • Femagraphy is not responsible for delays caused by courier services, force majeure, incorrect address details, customs, or events beyond our reasonable control;
  • ownership will pass only once full payment has cleared, to the extent permitted by law.

Please inspect deliveries on arrival and notify us promptly if goods appear damaged, incomplete, or incorrect.

14. Digital Products and Access Content

Where Femagraphy sells digital products, galleries, downloadable items, memberships, subscriptions, or other access content, you receive a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use that content for your personal, private, non-commercial use only, subject to these Terms and any product-specific terms.

Unless Femagraphy expressly permits otherwise in writing, you may not:

  • reproduce, republish, sell, resell, distribute, transmit, share, screen-record, broadcast, upload, archive, scrape, rip, download, or exploit the content;
  • remove or alter watermarks, notices, metadata, or technological protection measures;
  • make the content available to any other person;
  • use the content for commercial, editorial, AI training, machine learning, data extraction, or derivative dataset purposes; or
  • post the content on any website, platform, forum, cloud storage, or social media channel.

Any unauthorized use may result in immediate suspension or termination of access, forfeiture of access rights, legal action, and claims for damages.

15. Subscriptions, Memberships, and Recurring Billing

If Femagraphy offers subscriptions, passes, memberships, or recurring access products:

  • billing may recur automatically on the cycle disclosed at checkout;
  • by subscribing, you authorize recurring billing until you cancel;
  • you are responsible for cancelling before the next billing date if you do not want the next cycle to be charged;
  • cancellation stops future renewals only and does not automatically entitle you to a refund for the current period, except where required by law;
  • access ordinarily continues until the end of the paid billing period unless suspended for breach, fraud, or legal reasons;
  • Femagraphy may change subscription pricing for future billing periods on reasonable prior notice.

16. Intellectual Property

All content on the website, including text, layout, logos, branding, graphics, designs, photographs, films, audio, databases, software, digital products, and other material, is owned by or licensed to Femagraphy and is protected by intellectual property laws.

Nothing in these Terms transfers ownership of any intellectual property to you.

You may not use Femagraphy’s intellectual property except as expressly allowed in these Terms or with prior written consent.

17. Promotions, Vouchers, and Store Credit

Femagraphy may issue promotional codes, vouchers, coupons, gift credits, or store credits from time to time.

Unless stated otherwise:

  • they are non-transferable;
  • they are not redeemable for cash;
  • they may be limited to specified products, dates, or users;
  • only one may be used per order unless we say otherwise; and
  • they may be cancelled or refused where fraud, abuse, or error is suspected.

Store credit issued by Femagraphy:

  • may be used only on the website unless we state otherwise;
  • is valid for 12 months from date of issue unless a different period is stated;
  • is not legal tender;
  • is not redeemable for cash; and
  • does not include refundable delivery charges unless we expressly state otherwise.

18. Returns, Refunds, and Exchanges

18.1 General principle

Except where a refund, return, repair, replacement, or cancellation right is required by applicable law, Femagraphy does not offer refunds.

18.2 Discretionary returns or credits

Where Femagraphy approves a return, cancellation adjustment, goodwill remedy, or other non-statutory relief in its discretion, that relief will ordinarily be provided as store credit only, and not as a cash refund.

18.3 Digital products

Subject to applicable law, digital products, digital downloads, digital access items, gallery access, subscriptions, memberships, and similar content-based purchases are final once access has been granted, the content has been delivered, unlocked, streamed, downloaded, or otherwise made available to you.

18.4 Physical goods

Subject to applicable law, discretionary returns are generally not available for:

  • opened, used, worn, altered, or damaged goods;
  • special-order, custom-made, made-to-order, or personalised goods;
  • hygiene-sensitive or intimate items where resale is inappropriate after opening or use; and
  • goods sold on clearance, defect-disclosed, or “as is” terms, where lawfully permitted and properly disclosed.

18.5 Defects, damage, or incorrect supply

If goods are defective, damaged on arrival, materially incorrect, or otherwise qualify for a remedy under applicable law, please contact Femagraphy promptly with your order details, a description of the issue, and supporting photographs where relevant.

18.6 Statutory rights preserved

Nothing in this clause limits any rights you may have under applicable law, including any mandatory consumer rights relating to defective goods, cooling-off rights, direct marketing rescission rights, or legally required refunds.

18.7 Shipping and handling

Where Femagraphy approves a discretionary return or exchange:

  • original delivery charges are not refundable unless required by law;
  • return shipping may be for your account unless the return is due to our error or a legal defect claim; and
  • any approved store credit may exclude courier charges, service fees, and third-party charges unless we state otherwise.

19. Chargebacks and Payment Disputes

You agree not to initiate a chargeback, payment reversal, or dispute dishonestly or abusively.

If a chargeback or reversal occurs, Femagraphy may:

  • suspend your account or access;
  • revoke digital access;
  • withhold future orders;
  • recover collection costs and reasonable losses where legally permitted; and
  • defend the dispute with relevant records.

Nothing in this clause limits your lawful right to dispute unauthorized or unlawful charges.

20. Privacy and Data Protection

Your privacy is important to us. Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy.

By using the website or purchasing from Femagraphy, you acknowledge that personal information may be processed for purposes including account administration, applications, customer support, sales, delivery, payment verification, fraud prevention, analytics, compliance, and communications.

21. Third-Party Services

The website may integrate with or link to third-party services, including payment gateways, couriers, social platforms, embedded tools, or external websites.

Femagraphy is not responsible for third-party platforms, websites, or services outside our reasonable control. Your use of those services may be subject to their own terms and privacy policies.

22. Website Availability and Technical Issues

We do not guarantee that the website will always be uninterrupted, error-free, secure, or continuously available.

We may suspend, withdraw, update, modify, or restrict any part of the website, product line, feature, or content at any time for maintenance, security, legal, or business reasons.

23. Disclaimer

To the fullest extent permitted by law:

  • the website and its content are provided on an “as is” and “as available” basis;
  • Femagraphy makes no warranty that the website will meet every user’s requirements or be free of all errors or vulnerabilities;
  • Femagraphy does not guarantee uninterrupted access to any digital service, subscription, or content library;
  • Femagraphy is not responsible for third-party outages, processor failures, courier disruptions, internet issues, or events outside its reasonable control.

Nothing in this clause excludes liability that cannot lawfully be excluded.

24. Limitation of Liability

To the maximum extent permitted by law, Femagraphy shall not be liable for any indirect, incidental, consequential, special, punitive, or pure economic loss, including loss of profit, revenue, data, goodwill, opportunity, or anticipated savings arising from or related to:

  • website use;
  • purchase or attempted purchase;
  • delayed delivery;
  • interrupted digital access;
  • reliance on website information; or
  • unauthorized access caused by factors beyond our reasonable control.

Where liability cannot lawfully be excluded but may be limited, Femagraphy’s aggregate liability will be limited to the amount actually paid by you to Femagraphy for the relevant product or service giving rise to the claim.

25. Indemnity

You agree to indemnify and hold harmless Femagraphy, its directors, officers, employees, contractors, agents, licensors, and service providers against claims, losses, liabilities, costs, and expenses arising from:

  • your breach of these Terms;
  • your unlawful or unauthorized use of the website or content;
  • your infringement of any third-party rights; or
  • information, media, or materials submitted by you in breach of law or rights.

26. Breach, Suspension, and Termination

Femagraphy may suspend, limit, or terminate your access, account, order, or digital licence immediately if:

  • you breach these Terms;
  • you infringe Femagraphy’s intellectual property rights;
  • you engage in fraud, abuse, chargeback misuse, scraping, piracy, or unauthorized sharing;
  • we are required to do so by law; or
  • continued access would expose Femagraphy to material legal, reputational, or security risk.

Termination does not affect any rights that accrued before termination.

27. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa.

Subject to any mandatory consumer forum or statutory right, any dispute arising out of or in connection with these Terms, the website, or any transaction with Femagraphy will be subject to the jurisdiction of the South African courts with appropriate jurisdiction.

28. Changes to These Terms

Femagraphy may update these Terms from time to time. The updated version will be published on the website with a revised “Last updated” date.

Your continued use of the website after updated Terms are published constitutes acceptance of the updated Terms.

29. Contact Details

For questions about these Terms, orders, products, applications, store credit, or customer support, contact:

Femagraphy
Simas Corporation (Pty) Ltd
74 George Ave, Sandringham, 2192, Gauteng, South Africa
Email: info@femagraphy.co.za
Privacy / Information Officer contact: The Manager