A. DEFINITIONS

Likhaan and the Creator may each be referred to as "Party" individually and as "Parties" collectively, as the context may require. Other words and expressions used in this Creator Policy shall have the following meaning:

1. Creation: readily-available products, made-to-order products, digital or physical that the Creator will list for sale on the Platform
2. Artzine: online blog and physical art magazine publication
3. Blog: the Platform’s blog section page that is the online extension of the Artzine
4. Buyer: a third party who purchases the Creation(s) being offered by the Creator on the Platform
5. Listing: the online shop page that showcases product information of every Creation that is listed on the Platform (complete with text, images, and any other Creation-related information)
6. Listing Price: the price of the Creation(s) set by the Creator
7. Order: the order placed by the Buyer for the sale of Creation(s) through the Platform
8. Packaging Guidelines: a list of rules and guidelines regarding proper packaging rules for any weight or size of Creation(s), in order for our couriers (e.g. J&T, Lalamove, ShipIt/1Export, FedEx, etc.) to accept the pick-up and delivery of the Creation(s)
9. Platform: the website https://likhaan.com
10. Creator: creator(s) of Likhaan that encompass artists, makers, and suppliers
    — Artists: a creator who conceptualizes and makes pieces that are often one-of-a-kind (e.g. designers, painters, sculptors, etc.)
    — Makers: A creator who is capable of mass-producing designs or items (sometimes, in collaboration with an artist) e.g. craftsmen, shoemakers, jeweler, etc.
    — Suppliers: A creator who produces base or raw materials that artists and makers need to realize their visions (e.g. textile weavers, leathermakers, etc.)
11. Service Fee: a 25% commission fee on the Listing Price that is given to Likhaan for hosting the Creation(s) of the Creator on the platform
12. Shipping Fee: the logistics fee that Likhaan will charge the Buyer for the pick-up and delivery of Creation(s); this will typically be calculated and shown on the checkout page of the Platform, if not emailed to the Buyer (this includes shipping insurance fee and others duties or customs fees)
13. Social Media Channels: Likhaan’s accounts or pages on Facebook, Instagram, Twitter, Pinterest, and YouTube

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B. GENERAL SERVICES & DUTIES

The Parties agree that the Creator shall contract NON-EXCLUSIVELY with Likhaan in return for the following services, in relation to the Creation(s) of the Creator that will be listed on the Platform: 

1. General Services
2. Listing and publishing of Creation(s) on the Platform
3. Buyer (customer) service
4. Secure order payment, verification, and shipping
5. Management of returns, cancellations, and failed deliveries
6. Education and Other Services
7. Artist support and education (events, webinars, etc.)
8. Global online and offline marketing

• Search engine marketing
• Exposure on the Blog, Social Media Channels, and Artzine
• Etc.

Thus, Likhaan merely provides a venue (the Platform) for which the Creator can list and sell their Creation(s), as well as gain knowledge and exposure (through Likhaan’s online blog, social media channels, events, and Artzine).

Likhaan does not manufacture the Creation(s) or hold inventory of the Creator—but Likhaan will execute order handling, payment processes, courier pick-up schedules, and global marketing services for the Creator’s Creation(s).

The Creators’ content uploaded on the Platform’s Listings, blog, Artzine, and social media channels are provided by Creators who are NOT employees or agents of Likhaan. Nothing in this Creator Policy will create any joint venture, agency, franchise, or sales representative relationship between the Parties. The Creator will have no authority to make or accept any offers or representations on behalf of Likhaan or even the Buyer.

The Creators are responsible for ensuring they have all necessary rights to their Creation(s) and listing information as well as photos, and that they are not infringing or violating any third party’s rights.

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C. SELLER PROFILE

The Creator must be over the age of 18—if the Creator is under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws, the Creator must get permission from a parent or legal guardian who will sign up and agree to the terms of this Creator Policy.

The Creator must also provide honest and accurate information for their artist profile page and Creations on the Platform as requested by Likhaan.

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D. LISTING OF ARTWORKS

By selling on Likhaan, the Creator agrees to the following:

The Creator will provide Likhaan with all accurate and complete product information, Listing Price, size, text, images, and any other information requested by Likhaan as related to their Creation(s) that will be listed for sale through the Platform and Listings.

1. The Creator must provide their own images of their Creation(s)—not stock photos or A.I. renderings
2. For customizable Creation(s), the Creator must make it clear in the description that it is as such and that the photos shown are example variations.
3. The Creator can be as detailed and transparent about where their Creation(s)’ materials come from (e.g. organic, recycled, etc) as well as encouraged to share any relevant disclaimers, stock quantity information, and product warnings
4. The Creator is responsible for complying with all applicable laws and regulations for the Creation(s) listed for sale, including any required labels and warnings. The Creator shall indemnify and hold Likhaan and other members, harmless from and against any and all costs (including attorney fees and court costs on an indemnity basis), expenses, fines, penalties, losses, damages, and liabilities arising out of any claim, demand or action resulting from the inaccurate, incomplete or illegal information or otherwise relating to the Creation provided by the Creator.
5. Likhaan assumes no responsibility for the accuracy, pricing, labeling, or content of the Creation(s)’ Listings. Thus, the Creator will promptly notify Likhaan via email or mobile if there is any change or update in the existing Listing information and images.
   
   

For digital Creation(s), Likhaan shall take reasonable measures to protect the digital artwork from unauthorized copying or distribution (this may include watermarks or uploading of the original Creation(s) in a lower resolution).

1. Likhaan shall maintain the confidentiality of the original or high-resolution copy of the digital Creation(s) shared by the Creator. Likhaan shall not share this file unless it is to execute a sale or order with a Buyer.
   
   

For readily-available Creation(s), the Creator will ensure that the Creation(s) are in stock at a set price and in a great condition suitable for listing and selling through the Platform. Alternatively, for made-to-order Creation(s), the Creator must properly inform Likhaan about its lead time and thereafter finish the Creation, email Likhaan once it’s ready, and prepare the item for delivery in the promised time.

1. All Creation(s) must be made by the Creator, if not at least involved in its production (e.g. as a designer, etc.). The Creator must also respect the intellectual property of others.
2. The Creator is responsible for sourcing and storing Creation(s) listed on the Platform.
3. The Creator is wholly responsible for promptly notifying Likhaan if the Creation(s) is/are no longer available, or if there’s an update in the Listing Price. 
4. Likhaan will practice due diligence by sending a monthly email to ask about price and inventory count; however, the Creator should promise to notify Likhaan as soon as there is any change in price and inventory count.
5. The Listing Price at the time of order placement/confirmation from the Buyer cannot be changed; so, if the Creator did not notify Likhaan of the updated price, the order can be canceled upon Creator’s request but the order will be automatically lost/canceled — or the order can still be pursued if the Creator agrees, but at the Listing Price stated on the platform.
6. If the Creator feels that a different Creator on the Platform has violated their intellectual property rights, the Creator can report it to Likhaan immediately.
   
   

The Creator is prohibited from listing the following Creation(s) on the Platform:

1. Alcohol, tobacco, synthetic and prohibited drugs as well as paraphernalia
2. Creation(s) created using any endangered or threatened animal species, as well as any protected flora
3. Creation(s) made from human remains or parts
4. Creation(s) that promote, support, or glorify hatred or racism against individuals or groups
5. Creation(s) that promote, support, or glorify illegal activity, self-harm, and violence
6. Creation(s) that violate intellectual property rights of any individual, group, brand, organization, or company
7. Weapons, dangerous items, and hazardous substances
   
   

The Creator allows Likhaan to let Buyers rate or review the Creation(s) of the Creator, and Likhaan will make these ratings and reviews publicly available.

Likhaan reserves the right to immediately suspend the Listing and sale of the Creation(s) if it is determined that any part of the Listing is incorrect, incomplete, or not in compliance with all applicable laws, intellectual property rights, regulations, and ordinances.

The Creator gives Likhaan a royalty-free, non-exclusive and global license to use or reproduce their listing info, images, and related Creation images on their applicable website and/or social media channels for commercial and non-commercial marketing use on Likhaan Platform, events, campaigns, social media, and related initiatives in order to promote them as a Creator and their Creations.

The Creator acknowledges and agrees that Likhaan shall not use the information and images provided by the Creator for any other purpose other than what’s stated above. Likhaan shall not be required to compensate the Creator for the use of the images and information as authorized under this clause.

1. In line with Creator’s partnership with Likhaan, Creator recognizes that Likhaan reserves the right, in its sole discretion, to decide the scheduling and the relevant promotion through online and offline marketing efforts of Creators’ Creation(s), Listing, and profile, unless otherwise agreed upon in writing by the Parties.

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E. SALE OF ARTWORKS
See an overview of the order process at this [link] 

1. Likhaan will notify the Creator by email and/or phone text message whenever an Creation order has been placed by a Buyer.
   
   
2. It is the Creator’s responsibility to confirm receipt of this order notification within 24 to 48 hours; otherwise, Likhaan will notify the Buyer that the Creation is unavailable and thus regard the sale order as null or void.
   
   
3. The Creator must respond and ensure that their registered email and phone number are both working at all times. If their information needs to be updated, the Creator must notify Likhaan immediately.
   
   
4. The Creator is responsible for sourcing, storing, warranty provision, and proper packaging of the ordered Creation(s) as mandated in the Packaging Guidelines that Likhaan has provided.
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5. The Creator acknowledges that any failure to adhere to the Packaging Guidelines will expose the Creator to the risk of paying for return/exchange shipping costs of Creator’s sold Creation(s), and/or will also expose the Creator to the risk of not being reimbursed in case of damaged, lost or stolen packages of Creator’s sold Creation(s)
   
   
6. The Creator is responsible for providing item instructions for the Creation, as applicable.
   
   
7. Likhaan will set a pick-up date and time for Creation(s) to be picked up from the Creator's prefered address.
   
   
8. For readily-available Creation(s) and made-to-order Creation(s), the Creator agrees to confirm receipt of the order within twenty-four (24) to 48 hours max and that Creator also promises to have them ready for pick-up at the stated promised lead time.
   
   
9. The Creator agrees to have the Creation(s) ready in time for the set pick-up date and time by Likhaan.
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10. For the sale of the Creator’s Creation, the Creator shall provide an official receipt or invoice to the customer which they can include inside the package. (Creator can reuse this invoice template as an example)
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11. The Creator acknowledges and agrees that they are solely responsible for reporting and filing their own taxes in accordance with applicable laws and regulations for any income earned from the sale of their Creation(s) on the Platform.
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The Creator shall comply with standard operating procedures, size restrictions, and other shipping and packaging requirements of the applicable logistic or carrier provider as advised by Likhaan and according to Likhaan’s general Packaging Guidelines.

1. Properly adhering to the assigned courier’s packaging requirements allows the Creator to enjoy shipping insurance and reimbursement in case of damage or lost packages of sold Creation(s).
2. RECOMMENDED: Creator must take photos of Creation(s) that they packed inside the package as well as the way that the Creator packaged the Creation(s) given that these will be helpful in case of claims for damages, missing items, etc.
3. Likhaan will provide an invoice or official receipt for the Creator's commision.
   
   

Likhaan’s assigned courier is responsible for delivering the Creation(s) to the Buyer at the shipping address specified by the Buyer in the order.

Courier will make another attempt to pick up the Creation in case of failure during the first pick-up attempt. Creator shall coordinate with Likhaan for the best pick-up time and date in which Creator must do the best of their ability to be present for the pick-up.

1. Upon delivery of Creation(s) to the Buyer, Likhaan shall try to collect proof of delivery from the courier which shall include at least a signature of the Buyer and/or photo proof of delivery.
   
   
2. The courier will make two (2) additional attempts to deliver Creation(s) to the Buyer as needed/applicable.
   
   
3. If there is a failure in delivery to the Buyer, the Creation will be returned to the Creator as soon as possible and the Buyer will be refunded the Listing Price only. The Creator must accept the returned item, but Creator also has the right to examine and determine at its own discretion if the returned Creation is still in good condition or if it’s still sellable. If it is not, the Creator has the right to file a complaint with the courier and Likhaan will assist them on this matter.
   
   
4. The Creator will get to keep as income the Listing Price that the Creator has set for the Creation — minus the Service Fee that Likhaan keeps. The Shipping Fee for the Creation will be kept by Likhaan to pay its partner couriers but this will only be charged to the Buyer.
   
   
5. The Creator recognizes that Likhaan shall be responsible for and have sole discretion to deal with Buyers relating to Orders.
   
   
6. Likhaan will provide after-sales services including answering Buyer inquiries, and processing replacements, exchanges, and returns.
   
   
7. The Buyer is entitled to return or refund the Creation only for any of the following reasons:

—The item arrives with damage due to transit or delivery
— The item is declared lost by the courier or shipping company

*A return or refund is NOT accepted if it is a result of the Buyer's remorse or change of mind.

The Buyer is entitled to request a replacement or exchange within seven (7) days after delivery and installation (if applicable) only for issues relating to the Creation being of the wrong item, size, color, or type — as long as the item is undamaged, unopened, and does not fall under the item exceptions*. Requesting an exchange or replacement to substitute the Buyer’s purchase for a different item than what they ordered is NOT allowed.

1. If the item sent is correct as per the Buyer’s order and the Buyer simply wants to exchange/replace it for a different color, size, or type, the Buyer is then responsible for the return shipping costs.
2. However, if Likhaan concludes that the Creator misrepresented the Creation (either in the photograph or in the Listing description), failed to disclose important information about the Creation, sent the wrong item, or if the Creation was damaged as a result of poor packaging on Creator’s part, the Creator will be responsible for return shipping costs. 
3. *Exceptions: items that cannot be exchanged or replaced are perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), fashion accessories (such as earrings), and personal care goods (such as skincare and beauty products).
   
   

In case of damage or loss to the Creation during the delivery and the Creator complied with Packaging Guidelines, the assigned courier shall be liable to the Creator (subject to their terms and conditions) as to the extent of the courier’s delivery insurance.

1. Likhaan will assist in acquiring proof of damage or loss from the Buyer in order to course this complaint to the courier on the Creator’s behalf.
2. The Creator shall acknowledge that the courier, however, shall not be liable for loss, damage, or delay arising from force majeure, acts of God, government authorities, and violations as per their terms and conditions.
3. The Creator acknowledges that Likhaan will declare the value of their Creation(s) as per their base Listing Price to the courier, and depending on the assigned courier to the Order of the Buyer, in case of damage, stolen or lost Creation(s) packages, their respective terms and conditions apply, for example:

— J&T’s maximum cost for claims is Php 30,000: https://www.jtexpress.ph/terms.html 
— Lalamove’s maximum cost for claims is USD500 per order: https://www.lalamove.com/ph/goods-protection-promises 
— ShipIt: https://1export.com/shipit-service-terms-and-conditions 
— FedEx’s maximum declared value of carriage is USD 500.00 or USD 20.00 per kg, whichever is greater, for shipments containing items of extraordinary value such as artwork, antiques, glassware, or jewelry: http://images.fedex.com/downloads/ph/rates/ie_export2009.pdf
— DHL can ensure packages up to $500K https://mydhl.express.dhl/ba/en/legal/terms-and-conditions.html

In case the Buyer requests a replacement and there’s no available stock left, the Creator must notify Likhaan if they are able to replace it and how long the lead time will be.

If the Buyer agrees to the lead time for the replacement, the Creator must deliver the item in the promised time and Likhaan will arrange the shipping in which the shipping cost will be shouldered by the concerned party as based on the conditions under E.19.

If the Creator cannot procure the item or if the Buyer does not agree to the lead time, a refund will be given to the Buyer and the Creation will be returned to the Creator in which the shipping cost will be shouldered by the concerned party as based on the conditions under E.19.

1. In case it is concluded that the Creator forgot to include an item or part in the package ordered by the Buyer, Likhaan will share the address of the Buyer and the Creator shall send this additional shipment to the Buyer within 48 hours and shoulder the shipping costs.
   
   
2. Likhaan shall have the right to determine at its sole discretion whether a Buyer must receive a refund, adjustment, replacement, or other applicable remedies, and to require the Creator to reimburse the Buyer accordingly if Likhaan determines that the Creator is liable to do so.

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F. PAYMENTS

Likhaan will collect all payments from Buyer (including online and cash on delivery payments if applicable) as the payment processing agent for the Creator and will have the exclusive right to do so, and will remit total outstanding funds to the Creator.

1. For made-to-order Creation(s) the Creator agrees that Likhaan will collect 100% of the payment from the Buyer at the time of purchase. Likhaan will remit 50% of the payment to the Creator upon confirmation of the order. The remaining 50% of the payment will be held by Likhaan and will be remitted to the Creator once the final product is finished and confirmed by the Buyer.

The Creator acknowledges and agrees that Likhaan shall act as an intermediary in collecting and disbursing payments for made-to-order Creation(s), and the release of the remaining 50% of the payment to the Creator is contingent upon the successful completion and acceptance of the final product by the Buyer.

1. Unless otherwise agreed in writing, payments shall be made to the Creator's preferred mode of payment once the Order has been successfully delivered and received by the Buyer with no issues or complaints.
2. The Creator acknowledges and agrees that they are solely responsible for reporting and filing their own personal taxes in accordance with applicable laws and regulations for any income earned from the sale of their Creation(s) on the Platform.
3. The Creator shall indemnify and hold harmless Likhaan from any claims, liabilities, losses, or expenses arising out of or related to any failure by the Creator to comply with their personal tax obligations.

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G. TERMINATION & WITHDRAWAL

Creator may freely decide to withdraw from being one of Likhaan's Creators as long as they notify Likhaan in writing or in email.

Alternatively, Likhaan reserves the right to unpublish any Listing or shop that they believe violates this policy or their Terms of Use. When appropriate and permitted by law, Likhaan will communicate this action to the affected Creator and explain the issue. (Unless the Creator has repeatedly violated Likhaan's Terms or that Likhaan has legal or regulatory reasons preventing them from notifying Creator).

Upon notification of the concerned Party, the following shall commence...

1. Likhaan will return all pending undeliverable items and payments, as applicable, subject to any costs incurred by Likhaan.
2. Before full termination, the Creator shall remain responsible for the fulfillment of any pending Orders. If the Creator fails to do so, Likhaan may cancel the Order(s) and may impose the Service Fee applicable to that Order(s), to be deducted from any payments to be paid by the Buyer to the Creator.
3. Likhaan will unpublish the Creator's profile and storefront.
4. The Creator may file an appeal with Likhaan to have their profile and Listings republished again.

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H. GENERAL PROVISIONS

If one Party brings a legal action or dispute against the other Party in a Philippine court, administrative tribunal, or agency, the Parties agree not to raise certain defenses such as lack of cause of action, lack of legal capacity to sue, failure to obtain a license to do business, or doing business without a license. The Parties waive their right to assert these defenses and agree to pursue the legal action or dispute without relying on or asserting these defenses against each other.

This Creator Policy can be amended or supplemented in any manner by Likhaan at any time, and the Creator will be notified as needed via email of any changes.

If the Creator does not agree to such changes, they have the right to request that their profile and Listings be taken down, in pursuant to section G.

Likhaan may also make changes to onboarding or authentication processes for Creators at their sole discretion.