Marketplace Terms & Conditions
1. Scope of Service and Platform Usage
Kaarigari Foundation (the "Foundation") operates an online marketplace (the "Platform") intended to facilitate the display and sale of original works of art created by independent contributors ("Artists"). By accessing, browsing, or transacting on this Platform, the User (Buyer) and the Contributor (Artist) (collectively "Users") enter into a legally binding agreement to comply with these terms.
2. Intellectual Property, Warranty, and Liability
- Artist’s Warranty of Originality: Every Artist who uploads, lists, or displays artwork on this Platform represents and warrants that they possess full legal title to the work and that said work is their sole original creation. The Artist further warrants that the artwork does not infringe upon any copyright, trademark, moral right, or any other intellectual property right of any third party.
- Limitation of Foundation Liability: In its capacity as a "Service Provider" and hosting venue, Kaarigari Foundation serves exclusively as an intermediary. The Foundation expressly disclaims all liability for any copyright infringement or intellectual property violations committed by Artists. Legal responsibility for the authenticity, legality, and originality of the content rests solely with the individual Contributor.
- Indemnification: The Artist agrees to indemnify, defend, and hold harmless Kaarigari Foundation, its trustees, and employees from and against any and all claims, damages, liabilities, and legal expenses (including reasonable attorney fees) arising out of or related to any breach of the Artist’s warranties or any third-party claim of intellectual property infringement.
3. Commercial Terms and Risk of Loss
- Finality of Sale: Upon successful processing of a transaction, all sales are deemed final and non-revocable, subject only to the specific provisions detailed in our official Refund Policy.
- Shipping and Transit Insurance: The Foundation may provide basic shipping insurance covering physical damage during transit; however, the Foundation assumes no liability for the loss of commercial or intrinsic value resulting from copyright disputes discovered post-sale.
- Buyer’s Acknowledgment: Buyers acknowledge that the Foundation does not exercise editorial control over the works and acts only as a facilitator. It is the Buyer's responsibility to perform necessary due diligence regarding the provenance of the artwork.