Legal and Policy Center

These CondoHQ Galleries Seller Terms (the "Seller Terms") are Supplemental Terms under the CondoHQ Terms of Service (the "Terms of Service") and apply to each Store that applies to, is admitted to, or sells through CondoHQ Galleries ("Galleries").

By accepting these Seller Terms, submitting an application, accessing Galleries Hub, listing a Work, or completing a sale through Galleries, the Store agrees to be bound by these Seller Terms, the Terms of Service, the Privacy Policy, the Cookie Policy, and the Acceptable Use Policy.

Capitalized terms not defined in these Seller Terms have the meanings given in the Terms of Service. "Including" means "including without limitation." Headings do not affect interpretation. These Seller Terms were drafted for commercial use. The Store waives any rule that ambiguous language is construed against the drafter.

If there is a conflict relating specifically to Galleries, these Seller Terms control under Terms of Service Section 36(c). In all other respects the Terms of Service control, including fees, term, suspension, Protected Parties, warranty disclaimer, limitation of liability, indemnification generally, dispute resolution, records and evidence, changes, assignment, waiver, and entire agreement.

These Seller Terms do not replace the Terms of Service, Privacy Policy, Cookie Policy, Acceptable Use Policy, the CondoHQ Galleries Buyer Terms, or any applicable DPA. A sale through Galleries is also subject to the CondoHQ Galleries Buyer Terms as to the Buyer. Those Buyer Terms do not reduce the Store's obligations under these Seller Terms.

CondoHQ Inc. ("CondoHQ") operates Galleries as part of the Services.

The "Store" is the individual artist or dealer gallery identified in the Galleries application and admitted by CondoHQ, and includes every person who owns, controls, or is authorized to operate that store.

An individual artist Store is the natural person named in the application. That person accepts these Seller Terms personally and as the merchant of record.

A dealer gallery Store is the legal person or other organization named in the application. The individual accepting these Seller Terms represents and warrants that the individual:

• has actual authority to bind that dealer gallery;
• is accepting these Seller Terms on behalf of that dealer gallery; and
• has provided accurate information regarding that dealer gallery.

Represented artists on a dealer roster are not parties to these Seller Terms unless they later apply and are admitted as their own individual Store.

The Store represents that it is entering these Seller Terms in the course of a commercial artistic or gallery practice, and not as a consumer. If the Store is an individual, that individual is at least 18 years of age and has legal capacity.

For a dealer gallery Store, the individual who accepts these Seller Terms is jointly and severally liable with that dealer gallery for every Store obligation under these Seller Terms.

CondoHQ may rely on information, instructions, listings, prices, acceptances, and other actions performed through authenticated accounts of the Store and its authorized users.

For these Seller Terms:

Galleries is a gated marketplace and technology platform. CondoHQ is a marketplace facilitator only.

The Store, not CondoHQ, is the seller and merchant of record for every Work.

CondoHQ does not authenticate, appraise, insure, consign, warehouse, ship, or take title to any Work. CondoHQ's review, admission, or publication of a Store or Listing is not an opinion of authenticity, value, title, condition, or legality, and is not legal, tax, or art-market advice.

CondoHQ is not a party to the sale between the Store and the Buyer, except as a facilitator that may collect amounts and retain Commission as described in these Seller Terms.

No Listing, sale, or admission creates a partnership, joint venture, agency, employment, consignment, fiduciary, or brokerage relationship between CondoHQ and the Store.

The Store has no authority to bind CondoHQ, a Buyer, a Customer, a condominium corporation, a property manager, or any other Protected Party.

Admission to Galleries is discretionary. CondoHQ may accept, refuse, delay, condition, suspend, or revoke admission of a Store or a Work at any time, with or without cause, to the maximum extent permitted by applicable law.

Application, payment of any fee, or completion of tax or payout onboarding does not create a right to be admitted, published, or paid.

CondoHQ may require additional information, documents, or verification at any time, including identity, tax, title, provenance, and payout information.

CondoHQ has no duty to give reasons for a refusal, removal, or suspension, except where applicable law requires otherwise.

The Store is solely responsible for every Listing and every Work.

The Store represents, warrants, and covenants that:

• it has good and marketable title to each Work, or the legal right and authority to sell it;
• the sale will transfer that title to the Buyer free of liens, claims, and encumbrances;
• it has the right to reproduce and display all images and text in the Listing;
• the Listing is accurate, complete, and not false, deceptive, or misleading;
• title, creator, year, medium, dimensions, edition facts, condition, framed state, and provenance are true;
• for an edition, the stated edition size, number, and medium are true, and the impression is not a later reprint outside that edition;
• photographs and other images are of the actual Work offered, not a substitute, reproduction, or stock image;
• the Work is as described and will be the Work delivered;
• the Work is original or a genuine edition as described, and is not a forgery, unauthorized copy, or misattributed work;
• the Work and the sale comply with all applicable laws, including cultural-property, export, import, sanctions, and consumer-protection laws;
• it holds every licence, permit, and consent required to sell and ship the Work;
• it will not list a Work it cannot lawfully sell or deliver;
• if the Store is a dealer, it has a written or other legally sufficient right from each represented artist to sell, consign, photograph, and display the Work and to grant the licences in these Seller Terms;
• it has obtained every waiver or consent of moral rights required for the Listing, sale, photography, and display of the Work;
• it will supply a certificate of authenticity or equivalent written statement for each sold Work when customary for that Work or when requested by the Buyer or CondoHQ;
• the Work does not contain ivory, bone, skin, feathers, or other material restricted under CITES or similar law unless that is fully disclosed and every permit is in place;
• the Work is not subject to an unresolved restitution, looting, or cultural-property claim of which the Store knows or ought to know;
• export from the Store's country and import into Canada, if required, is lawful and will be completed by the Store at the Store's cost; and
• any artist-resale-royalty, droit de suite, or similar amount is the Store's sole responsibility.

Upon request, the Store must promptly provide reasonable substantiation of title, authenticity, edition facts, provenance, and any other material Listing claim.

CondoHQ's publication of a Listing does not verify any fact in it and does not relieve the Store of these warranties.

The Store must not list, sell, or attempt to sell:

• merchandise, apparel, or other non-art goods;
• NFTs, crypto-assets, or purely digital tokens;
• works that are solely AI-generated dumps without a disclosed, lawful artistic practice;
• weapons, weapon parts, or ammunition;
• adult, pornographic, or sexually explicit work;
• stolen, looted, or unlawfully exported work;
• work the Store does not have the right to sell;
• counterfeit, forged, or falsely attributed work;
• hazardous, toxic, explosive, or otherwise dangerous goods;
• work that requires a permit the Store does not hold; or
• any item prohibited by the Acceptable Use Policy or applicable law.

The Store must not manipulate search, inventory, prices, reviews, or checkout, interfere with platform security, or circumvent admission, reservation, payment, or Commission controls.

The Store must not list the same unique Work, or the same edition number, for sale elsewhere while it is reserved or sold through Galleries.

The Store sets the Work Price and Shipping. The Store cannot edit the Commission.

CondoHQ sets the Commission. It may be a percentage, a fixed amount, a minimum, a combination, or another structure. What is included in the basis, and the amount due, is what Galleries Hub (or another written disclosure) shows for that Order. A later change applies only to later Orders, unless applicable law requires otherwise or the Store agrees.

The Store is the merchant of record. Each Store must maintain an eligible payout account with the Payment Processor, configured so charges are made to that account. The Store pays the Payment Processor's processing fees on that account. The Store, not CondoHQ, is responsible for refunds, chargebacks, disputes, processing fees, and negative balances on that account.

CondoHQ may refuse checkout, delay payout, hold funds, or offset amounts the Store owes CondoHQ, a Buyer, the Payment Processor, or a Protected Party, to the maximum extent permitted by applicable law and the Processor Terms.

Commission is earned when the Order is paid and is non-refundable. A later refund, chargeback, or lost payment does not require CondoHQ to return Commission. The Store remains responsible for refunding the Buyer in full where a refund is due.

CondoHQ does not guarantee payout timing, Payment Processor eligibility, or that a payout account will remain in good standing.

Amounts are in Canadian dollars unless Galleries Hub shows another currency for a particular Order. Currency conversion, if any, is determined by the Payment Processor or the applicable payment method. The Store bears conversion risk.

The Store is responsible for Tax on the Commission and on its own proceeds. CondoHQ may invoice Tax on the Commission where required.

The Store must accept and comply with the Processor Terms. A conflict between the Processor Terms and these Seller Terms does not expand CondoHQ's liability. CondoHQ is not a party to the Processor Terms.

Amounts the Store owes CondoHQ, a Buyer, or a Protected Party are due on demand. Overdue amounts bear interest at 18% per year, calculated monthly, or the highest rate permitted by applicable law, whichever is less. CondoHQ may set off any amount it owes the Store against any amount the Store owes. The Store is responsible for reasonable costs incurred by CondoHQ in collecting overdue amounts, including reasonable legal and collection costs, to the extent permitted by applicable law.

CondoHQ may cancel an unpaid checkout or refuse an Order that CondoHQ reasonably believes contains a pricing, tax, or technical error. The Store has no claim against CondoHQ for that cancellation or refusal.

The Store is solely responsible for determining, collecting, remitting, and reporting Tax arising from its sales, except where applicable law expressly requires CondoHQ to collect or report a stated amount, in which case the Store will provide all information CondoHQ requires and will remain responsible for every other Tax obligation.

The Store must provide complete and accurate legal name, tax residency, taxpayer identification, business registration, and address information, and must update that information promptly.

The Store authorizes CondoHQ to collect, store, verify, and disclose Store information to tax authorities, payment processors, and other persons as required by applicable law or the operation of Galleries, including reporting that may be required of a digital platform operator.

CondoHQ may suspend selling if tax, identity, or payout information is missing, inaccurate, or unverified.

A Work is reserved at checkout and sold only when paid. An unpaid reservation expires. Edition numbers must be unique as stated.

The Store must fulfil every paid Order. The Store ships the Work. Destination is the Buyer's suite or building parcel desk as selected at checkout. Tracking is required. Quotes are store-set and are not live carrier rates unless CondoHQ later says otherwise in writing.

The Store must ship within the stated dispatch window, pack the Work so it arrives in the described condition, and provide tracking promptly.

Risk of loss passes from the Store to the Buyer only upon confirmed delivery to the stated destination, except where applicable law requires a different allocation, in which case that law controls as to the Buyer and the Store remains responsible as between the Store and CondoHQ.

One Work per checkout applies unless CondoHQ later permits otherwise in writing.

Time is of the essence for dispatch. The Store is responsible for packing, transit risk, carrier selection, customs, and all carrier claims. CondoHQ does not require the Store to maintain insurance, has no duty to verify any policy, and is not a bailee, warehouseman, or carrier and does not store Works. The Store's failure to insure does not create any liability for CondoHQ.

Delivery to a building parcel desk, concierge, or other building facility is delivery to the stated destination. The Store, not CondoHQ, the corporation, or the property manager, is responsible for loss, delay, or damage after handover to the carrier and until confirmed delivery, except where applicable law requires a different allocation as to the Buyer.

The Store must comply with building delivery rules. Failure of a Buyer or building staff to be present does not make CondoHQ responsible for the Work.

The Store funds refunds, returns, replacements, and chargebacks arising from its Orders. CondoHQ may administer the process. CondoHQ does not fund them. The Store must cooperate, including with evidence of description, condition, dispatch, and delivery.

CondoHQ may publish the then-current inspection and return process in Galleries Hub. That process does not limit a non-waivable consumer right. The Store's own return policy cannot reduce the Store's obligations to CondoHQ, a Buyer, or a Protected Party.

The Store is solely responsible for Buyer claims, chargebacks, Payment Processor disputes, and negative balances on the Store's payout account.

CondoHQ may share Order, Listing, and delivery records with the Payment Processor or a Buyer in connection with a dispute. CondoHQ has no duty to defend a chargeback for the Store.

If the Store's account cannot cover a refund, chargeback, fee, or other amount, the Store must pay CondoHQ on demand. CondoHQ may offset future payouts against amounts the Store owes.

The Store grants CondoHQ a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, reproduce, display, adapt for technical display, and distribute Listing content, including images and text, for operating, promoting, and securing Galleries and the Services. CondoHQ may sublicense that use to contractors, the Payment Processor, and other persons it uses for those purposes.

This licence is irrevocable for so long as it is needed for those purposes, including records, disputes, backups, legal compliance, and completing existing Orders, after a Listing is removed or the Store ends.

The Store represents that it has all rights needed to grant this licence. Where the Store is the creator of a Work, the Store waives, to the maximum extent permitted by applicable law, all moral rights in the Listing content and in CondoHQ's exercise of this licence.

Admission, publication, or placement is not an endorsement of the Store or any Work.

The Store acknowledges that it has not relied on any representation, projection, estimate, or promise regarding sales, prices, collector reach, ranking, or any other business result, except where expressly stated in a written agreement accepted by CondoHQ.

CondoHQ may, at any time and without liability to the Store except where applicable law requires otherwise:

• refuse, delay, edit for technical reasons, unpublish, or remove a Listing;
• suspend selling while leaving published Works in the catalogue;
• refuse checkout;
• cancel an unpaid reservation;
• hold or offset payouts;
• require additional verification;
• contact a Buyer about an Order, safety, fraud, or legal issue; and
• preserve and disclose records as required by law or these Seller Terms.

Good-standing failures suspend selling, not necessarily publication. Approved work may remain in the catalogue while checkout is refused.

CondoHQ has no obligation to monitor, investigate, or verify Stores, Works, Listings, or Store conduct.

CondoHQ's records relating to applications, admissions, Listings, reservations, Orders, payments, Commission, refunds, chargebacks, and account activity are authoritative absent manifest error.

The Store agrees that electronic acceptance, clickwrap, timestamps, IP addresses, device information, and other technical records may be used as evidence of the applicable acceptance, Order, or instruction, in accordance with the Terms of Service and applicable law.

The Store will defend, indemnify, and hold harmless CondoHQ and the Protected Parties from and against any claim, demand, loss, liability, damage, cost, and expense (including reasonable legal fees) arising out of or relating to:

• a Work, Listing, or Order;
• title, authenticity, attribution, edition facts, condition, or provenance;
• infringement of third-party rights;
• shipment, delivery, unpacking, installation, display, damage, loss, or delay;
• refunds, chargebacks, disputes, or negative balances;
• Tax or reporting for which the Store is responsible;
• the Store's collection, use, or disclosure of personal information;
• fraud, misrepresentation, or prohibited conduct;
• injury or property damage arising from a Work or its packing, shipment, delivery, unpacking, installation, or display;
• Buyer claims arising from the Store's conduct;
• cultural-property, CITES, customs, sanctions, or restitution claims;
• artist-resale-royalty or moral-rights claims;
• the Store's use of Buyer information;
• a claim by a represented artist against a Protected Party; or
• breach of these Seller Terms, the Terms of Service, or the Processor Terms.

This indemnification applies whether or not the Store maintained insurance.

CondoHQ may participate in or assume control of the defence of a matter subject to indemnification, using counsel of its choosing, where reasonably necessary to protect a Protected Party.

The Store may not settle a claim in a manner that admits liability by a Protected Party, imposes an obligation on a Protected Party, requires payment by a Protected Party, or restricts a Protected Party's operations, without CondoHQ's prior written consent.

To the maximum extent permitted by applicable law, Galleries is provided on an "as is" and "as available" basis.

CondoHQ does not warrant that Galleries will be uninterrupted, error-free, or free from delays, outages, defects, security events, or third-party service failures, including the Payment Processor.

CondoHQ is not responsible for Works, Listings, Store personnel, Buyer transactions with the Store, disputes between the Store and a Buyer, the Store's compliance with applicable law, sales results, or acts or omissions of Third-Party Services. To the maximum extent permitted by applicable law, CondoHQ has no liability for loss, damage, delay, or destruction of a Work, or for injury or property damage arising from a Work or its packing, shipment, delivery, unpacking, installation, or display.

The warranty disclaimers in the Terms of Service apply fully to Galleries.

The limitations and exclusions of liability in the Terms of Service apply fully to Galleries.

Without limiting those provisions, and to the maximum extent permitted by applicable law, CondoHQ's aggregate liability arising specifically out of or relating to the Store's participation in Galleries shall not exceed the greater of:

• CAD $500; and
• the Commission actually paid by the Store to CondoHQ specifically for Galleries during the three months immediately preceding the event giving rise to the claim.

This Section does not increase any liability otherwise excluded, disclaimed, or limited under the Terms of Service. Nothing in these Seller Terms expands CondoHQ's liability under the Terms of Service.

To the maximum extent permitted by applicable law, CondoHQ is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost sales, lost data, reputational harm, or cost of substitute services, even if advised of the possibility, and even if a remedy fails of its essential purpose.

To the maximum extent permitted by applicable law, the Store RELEASES AND WAIVES ALL CLAIMS against the Protected Parties for authenticity, title, valuation, Buyer conduct, Payment Processor outcomes, loss, damage, delay, or destruction of a Work, injury or property damage arising from a Work or its packing, shipment, delivery, unpacking, installation, or display, and any matter for which the Store is the merchant of record, including if a Protected Party was negligent, except to the extent a release is prohibited by applicable law.

Unauthorized use of Listing content, misuse of CondoHQ intellectual property, interference with platform security, fraud, or other serious abuse may cause harm for which money damages are not an adequate remedy.

CondoHQ may seek injunctive, equitable, or other relief available at law in addition to other remedies. Rights and remedies are cumulative.

CondoHQ may suspend or terminate the Store's access to Galleries immediately for any breach, for risk to Buyers or the platform, if the Store becomes insolvent or subject to bankruptcy or similar proceedings, or for convenience to the maximum extent permitted by applicable law.

The Store may stop listing new Works at any time. Ending participation does not excuse fulfilment of existing Orders, refunds, Tax, indemnities, or other accrued obligations.

If an individual artist Store dies or becomes incapable, these Seller Terms bind the estate or substitute decision-maker for outstanding Orders, refunds, Tax, and indemnities. CondoHQ may suspend the Store pending proof of authority.

Sections concerning warranties, prohibited conduct, money, Tax, licences, records, indemnification, disclaimers, limitation of liability, release, circumvention, Buyer information, claim period, joint and several liability, collection costs, and this survival clause survive termination.

CondoHQ may modify Galleries functionality, admission criteria, Commission structures, technical requirements, and these Seller Terms in accordance with the amendment provisions of the Terms of Service.

CondoHQ may require affirmative acceptance of a material update before the Store continues to access Galleries Hub, list Works, or complete sales.

The Store may not assign or transfer these Seller Terms without CondoHQ's prior written consent. Any attempted assignment in violation of this Section is void to the extent permitted by applicable law. CondoHQ may assign these Seller Terms in accordance with the Terms of Service.

If any provision is held invalid, it will be severed only to the minimum extent necessary. The remaining provisions continue in full force.

A failure or delay by CondoHQ in exercising a right is not a waiver. A waiver is effective only if expressly made in writing by CondoHQ and applies only to the specific circumstance for which it is given.

These Seller Terms are governed by the laws of Ontario, Canada, and the dispute-resolution provisions of the Terms of Service, including arbitration seated in Toronto, Ontario under the Arbitration Rules of the ADR Institute of Canada, Inc. where those provisions apply.

Nothing in these Seller Terms limits a non-waivable right or remedy available to an individual consumer Buyer under applicable law. That sentence does not expand the Store's rights against CondoHQ.

The Store must not complete, solicit, or encourage a sale of a Work, or of a substantially similar work, to a Buyer first identified through Galleries outside Galleries for the purpose of avoiding Commission.

If the Store does so within twelve months after the Buyer first viewed or inquired about the Store or a Work through Galleries, the Store owes CondoHQ the Commission that would have applied to the Work Price of that sale, plus interest, and CondoHQ may suspend or terminate the Store. That amount is a genuine pre-estimate of CondoHQ's loss and not a penalty. If the Store conceals the Work Price, CondoHQ may reasonably estimate it from the Listing or comparable sales. CondoHQ may audit the Store's relevant sales records on reasonable notice in connection with a suspected circumvention.

The Store may use Buyer name, suite, and contact information only to fulfil an Order, handle a return or dispute, or comply with law. The Store must not use that information for marketing, solicitation, or any other purpose, and must not sell or share it. The Store must protect that information with reasonable security measures and notify CondoHQ promptly of any unauthorized access to it.

The Store must not contact residents or Buyers except as required to fulfil an Order or as CondoHQ expressly permits.

CondoHQ may remove or disable a Listing on notice of an intellectual-property complaint, without investigating the merits and without liability to the Store.

The Store will respond to CondoHQ within two business days with the information CondoHQ requests. Repeat complaints are a material breach.

The Store represents that it is not, and is not owned or controlled by, a sanctioned or prohibited person, and that it will not use Galleries in violation of sanctions, anti-money-laundering, or export-control law.

The Store will promptly provide identity, tax, beneficial-ownership, and other information CondoHQ or the Payment Processor requests, and will execute documents reasonably required to give effect to these Seller Terms.

The Store may not use CondoHQ's name, marks, or branding except to state, factually, that the Store sells through CondoHQ Galleries.

The Store may not issue a press release or public statement about CondoHQ without CondoHQ's prior written consent. CondoHQ may identify the Store as a Galleries participant.

CondoHQ may give notices to the Store through Galleries Hub, the email on the Store account, or any address the Store provided. Notices to CondoHQ must be sent to the contact published on the CondoHQ legal pages or as CondoHQ otherwise directs.

These Seller Terms are in English. The Store confirms it had a reasonable opportunity to review them and to obtain independent legal advice, and that it accepts them voluntarily.

Except for Protected Parties under the indemnification and limitation provisions, no Buyer, represented artist, Customer, condominium corporation, property manager, or other third party is a beneficiary of these Seller Terms or may enforce them.

To the maximum extent permitted by applicable law, any claim by the Store against a Protected Party arising out of Galleries must be filed within one year after the claim accrued, or it is permanently barred.

These Seller Terms, together with the Terms of Service and any other written terms the Store expressly accepts for Galleries, constitute the agreement governing the Store's participation in Galleries.

No oral statement, presentation, estimate, or other communication modifies these Seller Terms unless expressly agreed in writing by CondoHQ.

The Store agrees that electronic acceptance of these Seller Terms is valid and binding.

CondoHQ may maintain electronic records of the accepting user, Store identity, date and time of acceptance, the version accepted, account and technical information associated with acceptance, Listings, Orders, payouts, and other material Galleries activity.

Such records may be used as evidence in accordance with the Terms of Service and applicable law.