Effective Date: January 1, 2025  ·  Last Updated: April 2025

These Terms and Conditions govern your access to and use of the Nhamsa platform — a cultural infrastructure and art marketplace operated in partnership with the Himalayan Art Council (HAC). By using the Platform, you agree to these terms in full. If you do not agree, please discontinue use.

01What Nhamsa Is

Nhamsa is a three-layer cultural and commerce ecosystem dedicated to authentic Himalayan art. It comprises: (1) individual gallery and artist storefronts, (2) a unified discovery engine for all listed works, and (3) a national provenance ledger powered by cryptographic certification and permanent IPFS-backed records. Nhamsa is operated under the standards and certification authority of the Himalayan Art Council (HAC), Nepal's official registry for Himalayan and Nepali art.

Nhamsa is not a generic art marketplace. Sacred Himalayan artworks — including Thangka, Paubha, mandalas, and ritual sculptures — are treated as cultural heritage objects carrying spiritual, historical, and national significance. All users of the Platform agree to engage with such works with appropriate respect and in compliance with Nepali cultural heritage law.

02User Accounts

Certain features require registration. You agree to provide accurate, current, and complete information and to update it as needed. You are responsible for all activity that occurs under your account and must not share credentials. Nhamsa reserves the right to suspend or terminate accounts that provide false information or violate these Terms.

Accounts are available as Collector, Artist, or Gallery accounts, each with different permissions and obligations as set out below. Subscription tiers (Free, HAC+, HAC Pro, HAC Prestige) provide additional access to the Collector Vault and platform tools as described on our Pricing page.

03HAC Certification and Digital Passports

HAC Certified artworks carry a cryptographically signed Digital Passport that includes CIDOC/Spectrum-compliant metadata, provenance history, export records, exhibition history, artist biography, and conservation notes. A portion of this data is written to IPFS (InterPlanetary File System), creating a permanent, publicly accessible, and immutable archival record.

Important: Once an artwork's provenance record is committed to IPFS, it cannot be deleted or altered. By submitting an artwork for HAC certification or listing it on the Platform, artists and galleries consent to the permanent public archival of that artwork's metadata. Personal information is not stored on IPFS — only artwork-level provenance data.

HAC Certification is issued following a review process. Certification does not guarantee market value, authenticity of materials beyond the documented lineage, or successful resale. Nhamsa and HAC are not liable for disputes arising from the subjective assessment of certified works.

04Artist and Gallery Obligations

Artists and galleries warrant that all listed works are authentic, accurately described, and free of any third-party claims. They confirm they hold the legal right to sell each work and that the work does not violate Nepal's Antiquities Act 2013 or any other applicable cultural heritage, export control, or intellectual property law.

Sacred artworks that are classified as national heritage items under Nepali law may not be listed for international sale without the requisite export documentation from the Department of Archaeology, Nepal. Artists and galleries bear full responsibility for obtaining and retaining valid export clearance. Nhamsa may request proof of compliance and may remove listings pending verification.

Artists and galleries agree to maintain pricing consistency across the Platform and their other sales channels, to communicate honestly with collectors, and to fulfil orders within the timeframes stated in their listings.

05Collector and Buyer Obligations

Collectors agree to complete purchases in good faith and to pay all amounts due including applicable taxes, shipping, import duties, and customs fees applicable in their country of receipt. Nhamsa is not responsible for customs clearance delays or import restrictions in any jurisdiction.

All sales are final unless an artwork materially differs from its listing description. Disputes regarding condition or authenticity must be raised within 14 days of delivery and may be escalated to HAC for review. HAC's assessment of authenticity is final for certified works.

The purchase of an artwork transfers ownership of the physical piece only. Copyright, reproduction rights, and moral rights remain with the artist unless separately agreed in writing. Collectors may not reproduce, license, or commercially exploit artwork imagery without written artist consent.

06Artist Resale Royalties

Artists listed on Nhamsa participate in the HAC Artist Royalty Programme. When a certified artwork is resold through the Platform, the original artist receives a royalty on the resale price as specified in the Artist Agreement signed at onboarding. This royalty is automatically tracked via the provenance ledger and disbursed by Nhamsa upon completion of the resale transaction.

Royalties apply only to resales that occur through Nhamsa. Collectors who privately resell works outside the Platform are not obligated under these Terms, though HAC encourages voluntary compliance as an ethical standard of the ecosystem.

07Payments, Commissions, and Subscriptions

Nhamsa charges a commission on each completed sale. The applicable commission rate is disclosed on the Platform and in each Artist or Gallery Agreement. Payment processing is handled by third-party providers (including Stripe) under their own terms and security standards. Nhamsa does not store full payment card details.

Subscription access to the Collector Vault (HAC+, HAC Pro, HAC Prestige tiers) is billed monthly or annually as selected. Subscriptions renew automatically until cancelled. Cancellation takes effect at the end of the current billing period; no partial-period refunds are provided. Nhamsa reserves the right to modify subscription pricing with 30 days' written notice to active subscribers.

08Collector Vault

The Collector Vault is a private art management tool allowing collectors to catalogue, document, and manage their collections. Works added to the Vault that are not HAC-certified receive a "Lite Passport" — a private record stored on Nhamsa's servers that can be upgraded to a full HAC Passport upon certification review.

Valuation estimates generated by the Vault are indicative only and are not professional appraisals. They do not constitute advice for insurance, resale, tax, or estate purposes. Users should consult qualified appraisers for formal valuations.

09Intellectual Property

All Platform content — including the Nhamsa and HAC brands, interface design, editorial text, and software — is owned by Nhamsa or licensed to it and is protected under applicable intellectual property laws. You may not reproduce, redistribute, or create derivative works from Platform content without written permission.

Artists retain full copyright in their listed works. By listing on the Platform, artists grant Nhamsa a non-exclusive, royalty-free licence to display, reproduce, and distribute artwork images for the purposes of operating and marketing the Platform.

10Prohibited Conduct

You must not use the Platform to: list forged, stolen, or misattributed artworks; misrepresent provenance or certification status; conduct fraudulent transactions or payment disputes in bad faith; harass, defame, or harm other users; scrape or extract data from the Platform in bulk without authorisation; or violate any applicable law including Nepal's heritage export controls. Violations may result in immediate account termination and referral to appropriate authorities.

11Disclaimers and Limitation of Liability

The Platform is provided "as is." Nhamsa does not warrant uninterrupted availability, error-free operation, or that any artwork will sell. To the fullest extent permitted by law, Nhamsa is not liable for indirect, incidental, or consequential damages arising from your use of the Platform, including loss of data, revenue, or business opportunity.

Nhamsa's total aggregate liability for any claim shall not exceed the greater of the amounts paid by you to Nhamsa in the six months preceding the claim or NPR 10,000. Nothing in these Terms limits liability for fraud, personal injury caused by negligence, or any liability that cannot be excluded by law.

12Governing Law and Disputes

These Terms are governed by the laws of Nepal. You agree to first attempt to resolve any dispute informally by contacting Nhamsa. If unresolved after 30 days, disputes shall be subject to the exclusive jurisdiction of the competent courts of Kathmandu, Nepal.

13Contact

For questions about these Terms, please contact: legal@nhamsa.com — Nhamsa / Himalayan Art Council, Kathmandu, Nepal.