Terms & Conditions

Last Updated: 22.12.2025

Platform Name: Capture My Memories

Jurisdiction: Bangladesh

By accessing or using this platform, you agree to be bound by these Terms & Conditions. If you do not agree, please discontinue use of the platform.

1. Definitions

  • Platform: The online digital marketplace operated by the company to connect Clients and Photographers for photography-related services, including job posting and direct booking features.
  • Client: A registered user who posts photography-related jobs and/or directly books a Photographer through the platform.
  • Photographer: A registered user who offers photography services, maintains a professional profile/portfolio, submits bids (proposals), and accepts direct bookings.
  • Admin: The owner, operator, or authorized representatives of the platform responsible for moderation, trust, safety, and platform management.
  • Job: A photography-related requirement posted by a Client, including event details, location, schedule, and budget.
  • Bid / Proposal: A non-binding offer submitted by a Photographer in response to a Job, including proposed price, message, and service details. Submission of a bid does not guarantee selection.
  • Direct Booking: A booking initiated by a Client directly from a Photographer's profile without posting a public job.
  • Deal Value: The total agreed service amount between Client and Photographer, used for calculating advance payments, platform fees, refunds, and penalties.

2. Platform Role & Disclaimer

The platform acts solely as an intermediary marketplace.

  • The platform is not a party to contracts between Clients and Photographers.
  • The platform does not guarantee service quality, completion, or behavior.
  • Users engage at their own risk and responsibility.

A. CLIENT TERMS

3. Job Posting Rules

Clients may use the platform to: - Post photography-related job requirements. - Directly book a Photographer based on profile, portfolio, and listed rates without posting a public job.

Clients agree to: - Provide accurate and truthful job or booking details (event type, date, location, budget, description). - Post or book only lawful and genuine photography requirements. - Avoid misleading, fraudulent, or duplicate postings or bookings.

The platform reserves the right to moderate, suspend, or remove any job listing or direct booking.

4. Bids, Direct Booking & Acceptance

  • Clients may receive bids from Photographers on posted jobs or directly book a Photographer from their profile.
  • There is no guarantee that the highest-priced or lowest-priced bid will be selected.
  • Clients have full authority and discretion to accept any proposal based on their preferences, including but not limited to price, portfolio, experience, availability, and communication.
  • Accepting a bid or confirming a direct booking forms a direct service agreement between Client and Photographer.
  • Upon acceptance or booking confirmation, contact information or chat access will be enabled.

5. Payment Terms (Client)

  • Clients must pay 30% advance payment at the time of booking confirmation.
  • The remaining payment is to be settled directly with the Photographer as agreed.
  • The platform is not liable for payment disputes between users.

Failure to pay advance may result in cancellation or account restriction.

6. Ratings & Reviews

  • Clients may provide a 5-star rating and written review after job completion.
  • Reviews must be honest and respectful.
  • Fake, abusive, or misleading reviews may be removed.

B. PHOTOGRAPHER TERMS

7. Profile & Portfolio

Photographers agree to: - Maintain accurate professional information. - Upload only content they own or are authorized to use. - Avoid uploading copyrighted or misleading images.

Portfolio content may be stored via third-party services such as AWS S3 or Cloudinary.

8. Job Bidding

  • Bids must include a clear price and proposal message.
  • Once accepted, the Photographer is expected to fulfill the commitment.
  • Repeated cancellations may result in penalties or suspension.

9. Advance Payment & Platform Charges

  • Photographers will receive the Client's 30% advance payment before the shoot date, after applicable platform charges.
  • Platform fees (commission or subscription) are non-refundable.

10. Service Responsibility

Photographers are solely responsible for: - Timely attendance - Service delivery - Professional conduct

The platform does not guarantee outcomes or service quality.

C. IMAGE & CONTENT PRIVACY

11. Image Ownership & Usage Rights

  • Photographers retain copyright ownership of captured images unless otherwise agreed.
  • Clients receive usage rights as mutually decided.
  • Commercial usage requires explicit consent.

The platform does not claim ownership of user content.

12. Event Image Privacy

  • Event images must not be publicly shared without Client consent.
  • Sensitive content must be handled responsibly.
  • Violations may result in legal action and account termination.

D. PERSONAL DATA & PRIVACY

13. Data Collection & Use

The platform may collect: - Personal identification details - Profile information - Uploaded content and messages

Data is used strictly for platform operations, communication, and safety.

14. Data Protection

  • Personal data is stored securely.
  • User data is not sold to third parties.
  • Users may request data access, correction, or deletion.

E. REFUND, CANCELLATION & RESPONSIBILITY POLICY

15. Client Cancellation Policy

15.1 Cancellation Before 7 Days of Shoot Date

  • Client is eligible for a refund of the advance payment.
  • 10% of the total deal value will be deducted as a cancellation charge.
  • Remaining amount will be refunded within 5–7 working days.

15.2 Cancellation Within 7 Days of Shoot Date

  • No refund of the advance payment will be issued.

16. Photographer Cancellation Policy

16.1 Cancellation Before 3 Days of Shoot Date

  • Photographer receives no payment.
  • Platform will arrange a similar Photographer at the same cost where possible.

16.2 Cancellation Within 3 Days of Shoot Date

  • Photographer receives no payment.
  • 10% penalty of job value will be deducted from the Photographer's next deal.

16.3 11th Hour Cancellation by Photographer

  • Platform will take responsibility to complete the event using the Client's advance payment.
  • Photographer will receive no payment and may face account termination.

17. Platform Substitution Rights

  • The platform may substitute a Photographer with a similar professional if required.
  • Substitution will be made without extra cost to the Client where possible.

18. Force Majeure

No refunds or penalties apply for events beyond reasonable control, including natural disasters or government restrictions. Decisions will be made case-by-case.

F. ADMIN & LEGAL

19. User Management

Admin may suspend or terminate accounts for policy violations, fraud, or misconduct.

20. Limitation of Liability

The platform is not liable for indirect losses, disputes, or service failures. Liability is limited to platform fees paid.

21. Governing Law

These Terms & Conditions are governed by the laws of Bangladesh.

22. Modification of Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on this platform.

Where material changes are made, reasonable notice/notification will be provided through our platform. Your continued use of the services after such changes constitutes your acceptance of the revised Terms and Conditions.

By using the platform, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.