Introduction

Welcome to Grataci Gallery, an online platform dedicated to connecting art buyers with talented local artists, particularly from Nigeria. By accessing or using the Grataci Gallery platform ("Platform"), you agree to comply with and be bound by these comprehensive and detailed terms and conditions ("Terms"). It is crucial that you read these Terms carefully before using our services. If you do not agree with any part of these Terms, you should refrain from using the Platform.

Definitions

For the purposes of these Terms:

• "Grataci Gallery" refers to the Platform and services operated by Grataci Gallery Ltd.
• "User" includes any individual or entity that accesses or uses the Platform, encompassing both buyers and sellers.
• "Buyer" denotes a User who purchases art through the Platform.
• "Seller" denotes a User who lists and sells art through the Platform.
• "Content" encompasses all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, or otherwise made available on the Platform.

Account Registration

• Eligibility: To register for an account, you must be at least 18 years of age and possess the legal authority to enter into these Terms.
• Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Security: You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify Grataci Gallery immediately of any unauthorized use of your account.

Seller Obligations

• Eligibility and Compliance: By listing art for sale, Sellers represent and warrant that they have all necessary rights and authority to sell the art and that the listing is accurate and complies with all applicable laws.
• Listing and Selling: Sellers are required to provide detailed and accurate descriptions and images of their artwork. Sellers must ensure the timely fulfillment of orders and communicate promptly with buyers.
• Fees: Sellers acknowledge that Grataci Gallery will deduct a commission fee from each sale, the details of which are specified at the time of listing.
• License to Content: Sellers grant Grataci Gallery a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute their content for the purpose of operating, promoting, and improving the Platform.

Buyer Obligations

• Accuracy of Information: Buyers must provide accurate and complete information when placing orders and ensure timely payment.
• Acknowledgement of Final Sale: Buyers acknowledge that all sales are final unless explicitly stated otherwise by Grataci Gallery.

Fees and Payments

• Commission Fees: Grataci Gallery charges a commission fee on each transaction, which is automatically deducted from the seller’s payment. The specific commission fee percentage is subject to change at Grataci Gallery’s discretion.
• Payment Processing: Payments are processed through third-party payment service providers, and Grataci Gallery disclaims any liability for issues arising from these services.
• Non-Refundable Fees: All fees paid to Grataci Gallery are final and non-refundable under any circumstances.

Content and Intellectual Property

• User Content: Users retain ownership of their content but grant Grataci Gallery a license to use it for the Platform’s operation and promotion.
• Prohibited Content: Users must not upload content that is illegal, offensive, harmful, or violates the rights of others.
• Intellectual Property: Users must respect the intellectual property rights of others, and any infringement may result in account termination.

Prohibited Activities

• Compliance with Laws: Users must comply with all applicable local, national, and international laws and regulations.
• Prohibited Conduct: Users are prohibited from engaging in fraudulent activities, impersonation, spamming, hacking, or any other activities that may harm Grataci Gallery or other Users.

Disclaimers and Limitation of Liability

• No Warranty: Grataci Gallery provides the Platform on an "as is" and "as available" basis without any warranties of any kind, whether express or implied.
• Limitation of Liability: To the fullest extent permitted by law, Grataci Gallery is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Platform; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Platform; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Grataci Gallery's aggregate liability for all claims related to the Platform exceed the greater of one hundred US Dollars (U.S. $100.00) or the amount paid by you to Grataci Gallery in the twelve (12) months preceding the claim.

Indemnification

Users agree to indemnify and hold harmless Grataci Gallery, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to their use of the Platform, violation of these Terms, or infringement of any rights of another.

Termination

• By Grataci Gallery: Grataci Gallery reserves the right to suspend or terminate your account and access to the Platform at any time, for any reason, including but not limited to, breaches or violations of these Terms.
• By User: You may terminate your account at any time by following the instructions provided on the Platform.

Governing Law and Dispute Resolution

• Governing Law: These Terms and any disputes arising out of or relating to these Terms or the use of the Platform shall be governed by the laws applicable in the jurisdiction where Grataci Gallery is based, without regard to its conflict of law provisions. However, Grataci Gallery reserves the right to operate under the laws of any other jurisdictions where it might expand its services in the future.
• Dispute Resolution: Any disputes arising out of or relating to these Terms, the Platform, or the transactions conducted on the Platform shall be resolved through binding arbitration in accordance with the arbitration rules of the jurisdiction of the governing law. The place of arbitration shall be determined by Grataci Gallery.

Changes to Terms

Grataci Gallery reserves the right to modify, amend, or update these Terms at any time, at its sole discretion. Users will be notified of any significant changes through the Platform or via email. Continued use of the Platform after any such changes constitutes acceptance of the new Terms.

Contact Information

For any questions, concerns, or disputes regarding these Terms or the Platform, please contact us at: [contact information].

Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Grataci Gallery regarding the use of the Platform and supersede any prior agreements between you and Grataci Gallery relating to such matters.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: The failure of Grataci Gallery to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

By registering as a user on Grataci Gallery, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.