Legal

This Independent Contractor Agreement (“Agreement”) is entered into between Qik, the operator of the Qik online marketplace platform (“Qik”, “we”, “us”, or “our”), and the individual or entity registering as a photographer on the Qik platform (“Photographer”). By creating a photographer account or accepting bookings through the platform, the Photographer agrees to be bound by the terms of this Agreement.

The Qik platform provides a technology service that enables clients seeking photography services (“Clients”) to connect with independent photographers who offer photography services. Qik does not provide photography services and does not employ photographers. Photographers using the platform operate as independent contractors who offer services directly to Clients.

The Photographer acknowledges that they are an independent contractor and not an employee, partner, agent, joint venturer, or representative of Qik. Nothing in this Agreement shall be interpreted as creating an employment relationship. The Photographer retains full control over how photography services are performed, including the methods, tools, techniques, equipment, and creative decisions involved in delivering the services. The Photographer is free to determine their own availability and may accept or decline booking requests at their discretion.

The Photographer agrees to provide photography services in a professional and lawful manner and to comply with all applicable laws and regulations, including laws relating to privacy, copyright, personal data protection, and public safety. The Photographer is solely responsible for ensuring that any required permits or permissions are obtained before conducting photography in restricted locations such as private property, commercial venues, or government-controlled areas. The Photographer is also responsible for obtaining consent from identifiable individuals appearing in photographs where such consent is required by law.

The Photographer represents and warrants that they possess the necessary skills, experience, and equipment required to perform photography services offered through the platform. The Photographer agrees to maintain all equipment required for the performance of services and to ensure that such equipment is safe and functional. The Photographer acknowledges that Qik does not supply equipment, insurance, or training.

Photographers retain copyright ownership of photographs created during bookings unless otherwise agreed directly with the Client. By using the Qik platform, the Photographer grants Qik a non-exclusive, worldwide, royalty-free license to display selected photographs on the platform for portfolio, promotional, or marketing purposes related to the operation of the marketplace. The Photographer represents that any images uploaded to the platform do not infringe the intellectual property rights or privacy rights of any third party.

Payments for photography services are processed through the Qik platform or through payment processors integrated with the platform. Clients pay the booking price displayed at the time of booking. Qik collects such payments on behalf of the Photographer and deducts an applicable platform service fee before remitting the remaining portion to the Photographer. The Photographer acknowledges that the platform fee represents compensation for the use of the marketplace infrastructure and related services. Qik reserves the right to modify the platform fee structure with reasonable notice.

The Photographer is solely responsible for reporting and paying all applicable taxes arising from income earned through the platform. Qik does not withhold income taxes, social contributions, or other employment-related deductions on behalf of Photographers. The Photographer is responsible for obtaining any insurance coverage deemed appropriate for their activities, including liability insurance covering potential property damage or personal injury arising from photography services.

The Photographer agrees not to engage in prohibited conduct while using the platform or performing services. Prohibited conduct includes harassment, stalking, unauthorized voyeuristic photography, illegal recording, photographing individuals in private situations without consent, or uploading unlawful or infringing content. The Photographer also agrees not to misrepresent their qualifications, impersonate other users, or interfere with the integrity of the platform.

The Photographer agrees to indemnify and hold harmless Qik, its directors, employees, and affiliates from any claims, damages, losses, or expenses arising out of or related to the Photographer’s services, including claims related to copyright infringement, privacy violations, personal injury, property damage, or violations of applicable laws.

Qik reserves the right to suspend or terminate the Photographer’s account if the Photographer violates this Agreement, receives repeated complaints from Clients, engages in unlawful conduct, or otherwise poses a risk to the safety or reputation of the platform. The Photographer may also terminate their participation in the platform at any time by closing their account.

This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. Any disputes arising out of or relating to this Agreement shall be resolved through arbitration in Singapore unless otherwise required by applicable law.

Qik respects the privacy of its users and is committed to protecting personal data in accordance with the Personal Data Protection Act of Singapore (“PDPA”). This Privacy Policy explains how Qik collects, uses, discloses, and protects personal data when users access or use the Qik platform.

Personal data refers to information that can identify an individual either directly or indirectly. When users create an account on the platform, Qik may collect personal information such as name, email address, phone number, payment information, and account credentials. Photographers may also provide additional information including portfolio images, profile details, and professional background information.

Qik collects personal data for purposes that include operating the platform, facilitating bookings between Clients and Photographers, processing payments, communicating with users, improving platform services, responding to inquiries, and complying with legal obligations. Personal data may also be used to maintain platform security, detect fraud, and enforce platform policies.

When users upload photographs to the platform, such images may contain identifiable individuals. Photographers are responsible for ensuring that they have obtained appropriate consent from individuals appearing in such images when required by law. Qik may display uploaded photographs on the platform for portfolio or promotional purposes in accordance with the user agreement.

Personal data may be shared with third parties where necessary to provide services through the platform. Such parties may include payment processors, cloud storage providers, technical service providers, or legal authorities where disclosure is required by law. Qik takes reasonable steps to ensure that third-party service providers maintain appropriate safeguards for the protection of personal data.

Personal data may be stored on servers located within or outside Singapore. Where personal data is transferred outside Singapore, Qik will take reasonable measures to ensure that the receiving jurisdiction provides a comparable standard of data protection consistent with PDPA requirements.

Qik implements reasonable administrative, technical, and physical safeguards to protect personal data from unauthorized access, disclosure, alteration, or destruction. However, no internet-based system can guarantee complete security, and users acknowledge that data transmission over the internet carries inherent risks.

Users may request access to their personal data or request corrections to inaccurate data held by Qik. Such requests may be submitted through the contact channels provided on the platform. Qik may require reasonable verification of identity before fulfilling such requests.

Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected or as required by applicable laws. When personal data is no longer needed, Qik will take reasonable steps to securely delete or anonymize such information.

By using the Qik platform, users consent to the collection, use, and disclosure of personal data as described in this Privacy Policy.

By accessing or using the Qik platform, users agree to comply with the standards of conduct set out in this Acceptable Use and Content Policy. This policy is intended to maintain a safe, respectful, and lawful environment for all users of the platform, including Clients and Photographers.

Users must not engage in any activity that violates applicable laws, infringes the rights of others, or undermines the integrity or security of the platform. Prohibited conduct includes but is not limited to harassment, stalking, intimidation, abusive language, discrimination, or any behavior that creates a hostile or unsafe environment for other users.

Photographers using the platform must conduct photography sessions in a respectful and lawful manner. Photographers must not engage in voyeuristic photography, including secretly photographing individuals in private settings or situations where they reasonably expect privacy. Photography that exploits, humiliates, or harasses individuals is strictly prohibited. Photographers must also comply with all local laws governing photography in public or private spaces and must obtain any necessary permissions or permits before conducting photography in restricted locations.

Users must not upload, publish, or distribute content that is illegal, defamatory, obscene, sexually explicit without consent, or otherwise harmful. Content that infringes intellectual property rights, including copyright infringement, is strictly prohibited. Users must ensure that they possess the necessary rights and permissions to upload photographs or other materials to the platform.

Users must not misuse personal data obtained through the platform. This includes using personal information of other users for unsolicited marketing, harassment, or unauthorized surveillance. The collection or use of personal data must comply with applicable privacy laws, including Singapore’s Personal Data Protection Act.

The platform must not be used to facilitate illegal activities. Users must not attempt to hack, disrupt, overload, or interfere with the operation of the platform or its underlying infrastructure. Users must not attempt to bypass platform security measures or access accounts or data belonging to other users.

Qik reserves the right to remove content, suspend accounts, or permanently terminate users who violate this policy. In serious cases, Qik may report unlawful activity to law enforcement authorities.

Users who encounter content or behavior that violates this policy are encouraged to report it through the platform’s reporting tools.

By continuing to use the platform, users agree to comply with this Acceptable Use and Content Policy.

This Cancellation and Refund Policy governs booking cancellations and refunds for photography services arranged through the Qik platform.

Clients may cancel bookings through the platform prior to the scheduled photography session. Cancellation eligibility and refund amounts may depend on the timing of the cancellation relative to the scheduled booking time.

If a Client cancels a booking more than twenty-four hours before the scheduled session, the Client may be eligible for a full refund of the booking fee, subject to any applicable platform processing fees. If a cancellation occurs within twenty-four hours of the scheduled session, the Client may receive a partial refund or may forfeit the booking fee depending on the circumstances.

Photographers may cancel bookings only in exceptional circumstances such as illness, emergencies, or unavoidable conflicts. Photographers are expected to notify Clients as soon as possible if they must cancel a booking. In such cases, the Client may receive a full refund or be offered assistance in finding a replacement photographer through the platform.

If a photography session cannot proceed due to external factors beyond the control of the Client or Photographer, such as severe weather, venue restrictions, or public safety concerns, the parties may agree to reschedule the session to a mutually convenient time.

Refund requests relating to service quality may be reviewed by Qik on a case-by-case basis. Qik may facilitate communication between Clients and Photographers to resolve disputes but does not guarantee refunds for dissatisfaction with artistic style or subjective expectations.

All refund decisions are made at the reasonable discretion of Qik in accordance with this policy and applicable laws.

By booking photography services through the platform, Clients acknowledge that they have read and agree to this Cancellation and Refund Policy.

For strike-based behaviour rules and timing on QIK’s current product, see the Cancellations & strike policy on our Policy page (these may operate alongside refund rules as described here).