By accessing or using the Qik website, mobile application, or related services (collectively referred to as the “Platform”), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not access or use the Platform. The Platform is operated by Qik (“Qik”, “we”, “us”, or “our”), which provides a technology service that enables users to discover, connect with, and book independent photographers for photography services. The Platform acts solely as an intermediary marketplace facilitating interactions between clients seeking photography services (“Clients”) and independent photographers offering such services (“Photographers”). Qik does not itself provide photography services and is not a party to any service agreement entered into between Clients and Photographers. Any agreement relating to the provision of photography services is made directly between the Client and the Photographer.
Accounts
Users must create an account to access certain features of the Platform. By registering for an account, you represent and warrant that you are at least eighteen years of age and that all information provided during registration is accurate and complete. Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted through their account. Users agree to notify Qik immediately of any unauthorized use of their account or any other breach of security. Qik reserves the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or pose a risk to the integrity of the Platform.
Clients
Clients may use the Platform to request photography services for personal or commercial purposes. When a booking request is accepted by a Photographer, a direct contractual relationship is formed between the Client and the Photographer for the provision of the photography services described in the booking. Qik’s role is limited to providing tools that facilitate the discovery, scheduling, and payment of such services. Qik does not supervise, control, or direct the activities of Photographers and does not guarantee the quality, legality, safety, or suitability of any photography services provided through the Platform. Clients acknowledge that Photographers are independent service providers and not employees, partners, agents, or representatives of Qik.
Photographers
Photographers using the Platform represent that they possess the necessary skills, qualifications, and equipment required to perform photography services professionally and lawfully. Photographers are responsible for complying with all applicable laws and regulations, including but not limited to laws relating to privacy, copyright, personal data protection, public safety, and the use of photography equipment. Photographers must obtain any required permits or permissions for photography conducted in restricted or private locations and must ensure that any identifiable individuals appearing in photographs have given appropriate consent where required by law. Photographers are responsible for obtaining model releases when photographs are intended for commercial use or publication. Photographers acknowledge that they operate as independent contractors and are solely responsible for their own taxes, insurance, equipment, and legal compliance.
Pricing and payments
Pricing for photography services offered through the Platform may be determined or standardized by Qik in order to ensure a consistent marketplace experience. By using the Platform, Photographers agree to provide services at the pricing levels displayed to Clients at the time of booking. Clients agree to pay the full booking price displayed on the Platform when confirming a booking. Payments are processed through third-party payment processors integrated with the Platform. Qik may collect payment from Clients on behalf of Photographers and may deduct a platform service fee or commission before distributing the remaining portion to the Photographer. Such fees represent compensation for providing the marketplace infrastructure and associated services. Qik reserves the right to modify pricing structures or platform fees from time to time with reasonable notice.
Copyright and use of photographs
Unless otherwise agreed directly between the Client and the Photographer, Photographers retain copyright ownership of all photographs produced during the course of a booking. By purchasing photography services through the Platform, Clients receive a non-exclusive license to use the delivered photographs for personal, non-commercial purposes unless additional usage rights are explicitly granted by the Photographer. Commercial use, resale, or distribution of photographs may require additional permissions from the Photographer. Photographers may use photographs taken during bookings for portfolio, promotional, or professional purposes unless the Client expressly prohibits such use prior to the booking.
User content
Users may upload photographs or other content to the Platform for purposes including portfolios, reviews, or promotional materials. By uploading such content, users grant Qik a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute such content for the purposes of operating and promoting the Platform. Users represent and warrant that they have the necessary rights and permissions to upload such content and that doing so does not infringe the rights of any third party. Qik reserves the right to remove content that it determines violates these Terms or applicable laws.
Prohibited conduct
Users must not use the Platform to engage in unlawful, abusive, or harmful conduct. Prohibited activities include but are not limited to harassment, intimidation, stalking, voyeuristic photography, the unauthorized photographing of individuals in private situations, the uploading of illegal or infringing content, the misuse of personal data, or the infringement of intellectual property rights. Qik reserves the right to suspend or terminate accounts that engage in prohibited conduct and to remove content that violates these standards. For operational standards and content rules, see the Acceptable Use & Content Policy.
Privacy
Qik collects and processes certain personal data in order to operate the Platform and provide its services. Such processing is conducted in accordance with Qik’s Privacy Policy and the Personal Data Protection Act of Singapore. By using the Platform, users consent to the collection, use, and disclosure of personal data for purposes including facilitating bookings, improving the Platform, communicating with users, and complying with legal obligations.
Limitation of liability
To the maximum extent permitted by law, Qik shall not be liable for any damages, losses, injuries, or claims arising out of or related to the use of the Platform or the services provided by Photographers. This includes but is not limited to claims relating to service quality, personal injury, property damage, lost profits, reputational harm, or indirect or consequential damages. Users acknowledge that Qik does not control the conduct of Photographers or Clients and cannot guarantee the outcome of any booking. In any event, Qik’s total liability to any user shall not exceed the amount paid by the user for the specific booking giving rise to the claim.
Indemnity
Users agree to indemnify and hold harmless Qik, its officers, directors, employees, and affiliates from any claims, damages, liabilities, losses, or expenses arising out of or related to their use of the Platform, their conduct during photography bookings, violations of applicable laws, or infringement of intellectual property or privacy rights.
Cancellations
Bookings made through the Platform may be subject to cancellation or rescheduling policies. Clients may cancel bookings according to the terms displayed at the time of booking. Photographers may also cancel bookings in exceptional circumstances. Qik may assist in facilitating communication between Clients and Photographers regarding cancellations but is not obligated to provide refunds unless explicitly stated in the applicable policy. For refunds and booking-fee treatment, see the Cancellation & Refund Policy below. For QIK’s strike-based cancellation windows on the live product, see the Policy page.
Suspension and termination
Qik reserves the right to suspend or terminate access to the Platform for any user who violates these Terms or whose conduct poses a risk to the safety, integrity, or reputation of the Platform. Users may discontinue use of the Platform at any time by closing their account.
Governing law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Singapore. Any disputes arising out of or relating to these Terms or the use of the Platform shall be resolved through arbitration in Singapore unless otherwise required by applicable law. By using the Platform, users agree to submit to the exclusive jurisdiction of Singapore for the resolution of such disputes.
Changes to these Terms
Qik reserves the right to modify these Terms and Conditions from time to time. Updated terms will be posted on the Platform and will take effect upon publication. Continued use of the Platform after such updates constitutes acceptance of the revised Terms.
By accessing or using the Qik Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.