TERMS AND CONDITIONS

Image Rights and Digital Photograph Licences

Supplier: Jeremy Hollmann, operating as Jeremy Hollmann Rock Art

Website: https://jeremyhollmannrockart.co.za

Effective date: 5 August 2026

Please read these Terms and Conditions before purchasing or using any photograph from this website. By placing an order, accessing a download or using a photograph, you agree to be bound by these Terms and Conditions.

1. Supplier information

The supplier and copyright owner is Jeremy Hollmann, operating as Jeremy Hollmann Rock Art (“Jeremy Hollmann Rock Art”, “Jeremy”, “we”, “us” or “our”).

Physical and service address: 45 Tatham Road, Prestbury, Pietermaritzburg, KwaZulu-Natal, 3201, South Africa.

Telephone: +27 83 335 9799. Email: jeremy.hollmann@gmail.com. Website: https://jeremyhollmannrockart.co.za.

2. Application and acceptance

These Terms and Conditions apply to every purchase, download and use of a photograph made available through the Image Gallery or shop on this website. They form a binding agreement between Jeremy Hollmann Rock Art and the person or organisation named in the order (“you” or the “licensee”).

Before placing an order, you must review the photograph, price, licence description, order details and these Terms and Conditions. The checkout process allows you to correct mistakes or withdraw before submitting the order. If you order for an organisation, you confirm that you have authority to bind that organisation.

3. What you are purchasing

You are purchasing a limited licence to reproduce the selected digital photograph. You are not purchasing the photograph’s copyright, ownership of the image, ownership of the depicted rock art, or any exclusive right to the subject matter.

Each photograph is licensed, not sold. All rights not expressly granted under these Terms and Conditions remain reserved by Jeremy Hollmann.

4. Standard non-commercial licence

After full payment has been received and the photograph has been delivered, Jeremy grants you a non-exclusive, non-transferable, non-sublicensable, worldwide licence to reproduce the purchased photograph in one identified non-commercial project.

A project may be an educational presentation, academic paper, research output, classroom resource, exhibition interpretation, non-commercial website page, non-commercial article or similar editorial, educational or research work. Print and digital versions of the same project are treated as one project, provided the purpose, publisher or commissioning organisation and substantive content remain the same.

A separate purchase or written licence is required for each additional project, separate publication, materially revised edition, client, campaign or use.

5. Permitted use

Subject to these Terms and Conditions, the standard licence permits you to:

• reproduce the photograph only as part of the one non-commercial project for which it was obtained;

• display the photograph in print or digital form as part of that project;

• make proportionate technical adjustments needed for layout, including resizing, resolution adjustment and reasonable cropping, provided the meaning and integrity of the photograph are not distorted; and

• retain one secure working or archival copy for the licensed project.

6. Commercial use requires prior agreement

The standard online licence does not permit commercial use. Commercial use must be negotiated with Jeremy and authorised in a separate written licence before the photograph is used.

Commercial use includes advertising, marketing, promotion, sponsorship, paid campaigns, commercial publishing, corporate communications, product packaging, merchandise, items for resale, subscription or paywalled content, branding, fundraising campaigns, or any use intended primarily to obtain commercial advantage or monetary compensation.

To request a commercial licence, contact jeremy.hollmann@gmail.com and describe the image, intended use, media, territory, duration, print run or audience size and client or publisher. A commercial licence exists only when its scope and fee have been agreed in writing and any required payment has been made.

7. Prohibited uses

Unless Jeremy has expressly agreed otherwise in writing, you may not:

• sell, resell, distribute, share, lend, gift, sublicense or make the standalone digital file available to another person;

• upload the high-resolution file to a stock-image library, media repository, shared asset bank, template service, social-media library or other platform from which it can be downloaded or reused;

• use the photograph in a logo, trade mark, service mark or other brand identifier;

• use the photograph on merchandise, products for resale, NFTs or other digital collectibles;

• use the photograph, or permit it to be used, to train, test, fine-tune or develop an artificial-intelligence or machine-learning system, or as input for generative image creation;

• remove or obscure embedded copyright information, metadata, watermarks, captions or credits;

• alter the photograph in a way that is deceptive, materially changes its documentary meaning, misrepresents the rock art or falsely suggests an endorsement;

• use the photograph unlawfully, harmfully, pornographically, discriminatorily, hatefully, defamatory, or in a manner that is culturally disrespectful or exploitative; or

• use the photograph to identify or publicise a sensitive or restricted rock-art location where doing so could create a conservation, access, safety or heritage risk.

8. Credit and attribution

Every reproduction must include a clear and reasonably prominent credit in the following form:

Photograph © Jeremy Hollmann / Jeremy Hollmann Rock Art

Where the medium genuinely cannot accommodate a visible credit, the credit must appear in the publication credits, acknowledgements, image list, metadata or accompanying web page. Any product-page caption or contextual information supplied with the photograph should be reproduced accurately where relevant.

9. Copyright and enforcement

Jeremy Hollmann owns the copyright in every photograph offered for licence on this website. No copyright is assigned or transferred to you. Your licence is conditional on full payment and compliance with these Terms and Conditions.

Unauthorised use may infringe copyright and may result in termination of the licence, a request to remove the photograph, an additional retrospective licence fee, and any other remedy available under applicable law.

10. Rock art, heritage and third-party permissions

The licence covers Jeremy’s copyright in the photograph only. It does not grant physical access to a rock-art site, permission to enter land, archaeological or heritage approval, filming permission, cultural authority, or any approval that may be required from a landowner, custodian, museum, community, heritage authority, publisher, platform or other third party.

You are responsible for determining whether your proposed use requires any additional consent or compliance. Nothing in the licence authorises damage to, interference with, or unauthorised disclosure of a heritage resource or restricted site.

11. Orders, descriptions and pricing

Photograph descriptions, previews and prices are displayed on the relevant product page. Preview images may be watermarked, resized, compressed or colour-shifted by different screens and therefore may not exactly represent the delivered file’s resolution or colour appearance.

Prices are displayed in South African rand unless stated otherwise and include applicable taxes where legally required. The total payable is shown before you place the order. No order is accepted until payment has been successfully confirmed.

If a photograph is unavailable, incorrectly priced or materially misdescribed, we may decline or cancel the order, notify you promptly and refund the amount paid for that item.

12. Payment through PayFast

Payments are processed securely by PayFast by Network or another payment method displayed at checkout. Payment may be subject to the payment provider’s own terms, authentication procedures, fraud checks and processing times.

Jeremy Hollmann Rock Art does not receive or store your complete card details. An order is treated as paid only after the website receives successful payment confirmation from PayFast. If payment is declined, reversed, cancelled or not confirmed, no licence is granted and delivery may be withheld or suspended.

13. Digital delivery

The product is delivered electronically; no physical item will be shipped. After successful payment confirmation, the high-resolution photograph and/or a secure download link will ordinarily be made available on the order-confirmation page and sent to the email address supplied at checkout.

Delivery may be delayed by payment verification, fraud screening, email filtering, website maintenance or technical failure. You are responsible for supplying a correct email address and checking your spam or junk folder.

If you do not receive or cannot access the download within 24 hours after receiving payment confirmation, email jeremy.hollmann@gmail.com with your name, order number and a description of the problem. We will verify the order and provide a working file or link within a reasonable time.

14. Cancellations

You may request cancellation before the digital file or download link has been supplied or accessed. If payment has already been taken and the cancellation is accepted, the payment will be refunded in accordance with clause 15.

Because a delivered digital photograph cannot practically be returned and access cannot reliably be revoked, a change-of-mind cancellation will generally not be accepted after the file or download link has been supplied or accessed, to the extent permitted by law.

Nothing in these Terms and Conditions excludes a cooling-off, cancellation or other consumer right that applies mandatorily under the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008 or other applicable law.

15. Refund policy

A refund or replacement will be considered where:

• you were charged more than once for the same order;

• payment was taken but the purchased file cannot be delivered within a reasonable time;

• the wrong photograph was supplied;

• the file is corrupt, technically unusable or materially different from its product description, and we cannot provide a corrected replacement within a reasonable time;

• the order was cancelled before delivery or access in accordance with clause 14; or

• a refund is otherwise required by applicable law.

Ordinarily, no refund is due merely because you no longer need the image, selected the wrong image, failed to obtain a separate commercial licence or third-party permission, or used equipment or software that cannot open an otherwise functional standard image file. This does not limit mandatory consumer rights.

To request a refund, email jeremy.hollmann@gmail.com within seven days after delivery or discovery of the problem, where reasonably possible. Include your name, order number, payment date, photograph title and reason for the request. We may ask for reasonable information needed to investigate, but we will not require you to surrender any right given by law.

Approved refunds will not exceed the original amount paid. They will be processed through PayFast or back to the original payment method wherever possible; card refunds will be returned to the same card used for the transaction. No cash or unrelated-account refund will be made. You will receive written confirmation or a refund receipt. Bank and payment-provider processing times are outside our control.

16. Technical requirements and file care

You are responsible for using compatible software, maintaining adequate device storage and securely retaining your downloaded file. You may make reasonable backup copies solely for the licensed project, but those copies remain subject to these Terms and Conditions and must not be shared.

Please contact us promptly if the file is damaged or inaccessible. We may replace a verified purchase, but we do not guarantee that download links or replacement files will remain available indefinitely.

17. Licensee responsibilities

You must keep adequate records of the project for which the photograph was licensed and, on reasonable request, provide information sufficient to confirm that your use falls within the licence. You are responsible for the acts of employees, contractors, designers, publishers or service providers to whom you give temporary access to the file for the licensed project.

Such persons may access the photograph only as necessary to produce the licensed project, may not use it for any other purpose and must delete working copies when their role ends.

18. Termination of the licence

The licence terminates automatically if you materially breach these Terms and Conditions and fail to remedy a remediable breach promptly after written notice. Serious misuse, unlawful distribution or deliberate copyright infringement may result in immediate termination.

On termination, you must stop using the photograph, remove it from future distribution and delete copies under your control, except for archival copies that applicable law requires you to retain. Termination does not affect accrued rights or liabilities.

19. Warranties and limitation of liability

Jeremy warrants that he owns the copyright in the photographs offered on the website and has authority to grant the licences described in these Terms and Conditions.

Except for rights and warranties that cannot lawfully be excluded, the photographs and website are supplied as described and without additional warranties that they will be suitable for every particular purpose, publication system, colour process or context.

To the fullest extent permitted by law, Jeremy Hollmann Rock Art will not be liable for indirect, incidental, special or consequential loss, loss of profit, loss of opportunity or reputational harm arising from use of a photograph. Where liability cannot be excluded but may be limited, aggregate liability relating to an order will not exceed the amount paid for the affected photograph. This clause does not exclude liability that may not lawfully be excluded or limited.

20. Privacy and transaction security

Personal information supplied during an order is used to process payment, deliver the photograph, keep transaction records, provide support, prevent fraud and comply with legal obligations. Payment information is processed through PayFast’s secure systems in accordance with PayFast’s applicable privacy and security terms.

We take reasonable steps to protect personal information and transaction records. We do not sell customer personal information. More detail about collection, storage, access, correction and deletion of personal information should be provided in the website’s Privacy Policy, which forms part of the website terms.

21. Complaints and disputes

Please direct any complaint about an order, file, licence or refund to jeremy.hollmann@gmail.com. Include your name, order number, contact details and a clear description of the issue. We will acknowledge the complaint and try to resolve it in good faith within a reasonable time.

If a dispute cannot be resolved directly, either party may use any consumer complaint process, alternative dispute-resolution mechanism or court available under South African law. Nothing in this clause prevents a consumer from approaching the National Consumer Commission or another competent authority where entitled to do so.

22. Governing law and jurisdiction

These Terms and Conditions and every licence granted through the website are governed by the laws of the Republic of South Africa. Subject to any mandatory consumer right concerning jurisdiction, the parties submit to the jurisdiction of the South African courts.

23. General provisions

These Terms and Conditions, the relevant product description, order confirmation and any separate written licence constitute the agreement relating to the photograph. If a separately negotiated written commercial licence conflicts with these Terms and Conditions, that written licence prevails for the specific authorised use.

You may not transfer the agreement or licence without Jeremy’s prior written consent. Jeremy may transfer his rights and obligations as part of a lawful transfer of the business or copyright portfolio, provided this does not reduce your existing licence rights.

If any provision is invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue to apply. A delay in enforcing a right is not a waiver of that right.

24. Changes to these Terms and Conditions

We may update these Terms and Conditions from time to time. The version accepted when you place an order governs that order unless a change is required by law or you agree otherwise in writing. The effective date appears at the beginning of this document. You should save or print a copy with your order records.