📜 Terms and Conditions
Welcome to HULAGWAY! By accessing or using our platform, you agree to comply with the following Terms and Conditions. Please read them carefully.
1. Acceptance of Terms
By registering or using HULAGWAY, you agree to abide by these Terms and Conditions. If you do not agree, please refrain from using the platform.
2. User Eligibility
Users must be at least 13 years old. Artists must provide accurate personal information and agree to maintain the integrity of their posted content.
3. User Responsibilities
- Upload only original works or content you have rights to.
- Avoid uploading offensive, inappropriate, or illegal material.
- Use the platform in a manner consistent with community guidelines and Philippine laws.
4. Intellectual Property Rights
You retain ownership of your artworks. However, by uploading to HULAGWAY, you grant us a non-exclusive license to display your content on the platform for promotional and community engagement purposes.
5. Prohibited Conduct
- Impersonate others or use fake profiles.
- Harass, spam, or misuse the messaging and commenting features.
- Attempt to breach platform security or gain unauthorized access.
6. Account Termination
We reserve the right to suspend or delete accounts that violate our Terms or upload prohibited content, without prior notice.
7. Commission Policy
HULAGWAY charges a commission fee for each successful sale made through the platform:
- Painters: 20% commission on the sale price.
- Photographers: 15% commission on the sale price.
- Digital Artists: 18% commission on the sale price.
- Mixed Media Artists: 20% commission on the sale price.
8. Collector & Bidding Terms
The following terms apply specifically to collectors who participate in bidding, auctions, or other offer-based sales on HULAGWAY. By placing a bid you acknowledge and agree that you are entering into a binding offer to purchase the listed artwork if you are the highest bidder at the close of the auction or if the seller accepts your offer.
- Binding Obligation: A successful bid (or accepted offer) creates a binding obligation to complete the purchase. Winning bidders must pay the full purchase price and any applicable fees, taxes, and shipping costs within the payment window set by the platform or seller.
- Payment Window: Unless otherwise stated, payment is due within 48 hours of notification that you are the winning bidder. Failure to pay within the specified period may result in administrative action, including but not limited to: automatic cancellation of the sale, suspension or termination of your account, loss of bidding privileges, and imposition of penalties or fees.
- Consequences of Non-Payment: If a winning bidder fails to complete payment without a mutually agreed reason and prior notice, HULAGWAY reserves the right to: (a) charge a cancellation fee or chargeback fee to recover costs; (b) relist the artwork; (c) record the incident in the bidder's account history; and (d) suspend or terminate the bidder's account for repeat or egregious violations.
- Chargebacks and Disputes: Chargebacks, disputed transactions or fraudulent payment attempts are taken seriously. If a buyer disputes a legitimate transaction, HULAGWAY may take corrective measures including reversing privileges, seeking collection of unpaid amounts, and cooperating with financial institutions or law enforcement.
- Buyer Responsibilities: Buyers are responsible for reviewing the artwork description, condition, shipping terms, and any additional fees before bidding. Shipping arrangements, insurance and delivery timelines are the responsibility of the party specified in the listing (seller or buyer) and described in the listing details.
- Shipping and Risk of Loss: Unless otherwise specified, risk of loss passes to the buyer upon delivery to the shipping carrier. Buyers are encouraged to opt for insured shipping for high-value items.
- Cancellation Window: Collectors may request an order cancellation within 24 hours from the time the sale is confirmed (or within the platform's displayed payment/verification window). Cancellations requested after the 24-hour window will be considered only in exceptional circumstances and require approval by both the seller (artist) and HULAGWAY; such requests may be denied and may incur administrative fees.
- Refund Window: Refund requests must be submitted within 7 calendar days (1 week) from the date of purchase or delivery, as applicable. Refunds submitted after this timeframe may be considered on a case-by-case basis for exceptional situations but are not guaranteed. Approved refunds may be subject to restocking, administrative, or payment-processing fees.
- How requests are handled: When a cancellation or refund is requested, the platform will notify the seller (artist) to review the request. The seller may be asked to provide proof (e.g., delivery proof, images). The seller's decision is considered by HULAGWAY; final processing (including issuing refunds) is performed by the platform or the payment processor following our verification and fraud checks.
- Good Faith and Fair Conduct: Bidders must act in good faith. Collusive bidding, shill bidding (bidding by or in concert with the seller), automated bid manipulation, or any attempt to artificially inflate prices is strictly prohibited and may result in permanent account suspension and legal action.
- Identity and Verification: HULAGWAY may require identity verification, proof of payment capability, or other checks for high-value transactions. Refusal to comply with verification requests may prevent participation in auctions.
8. Disclaimer of Liability
HULAGWAY is provided “as is.” We are not liable for any direct or indirect damages arising from the use of the platform, including missed sales, artistic disputes, or platform downtime.
9. Modifications to Terms
We reserve the right to update these terms. Users will be notified via email or platform notice. Continued use constitutes acceptance of the changes.
10. Governing Law
These Terms are governed by the laws of the Republic of the Philippines. Any disputes shall be handled in the appropriate courts of Ormoc City, Leyte.
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