Effective Date: October 23, 2025
Welcome to Indokala.com (hereinafter referred to as the "Website" or "Indokala"), an online marketplace for the exhibition and sale of art.
These Terms and Conditions of Use ("Terms") govern your access to and use of the Website, including any content, functionality, and services offered on or through Indokala.com.
By accessing or using the Website, you agree to be bound by these Terms, the Privacy Policy, and all applicable laws and regulations of the Republic of India. If you do not agree to these Terms, you must not access or use the Website.
1. DEFINITIONS AND LEGAL STATUS (INTERMEDIARY)
1.1 Definitions
"Indokala" / "We" / "Us" / "Our": Refers to the website, Indokala.com, and its owner.
"User" / "You" / "Your": Refers to any person or entity using the Website, including visitors, artists/sellers ("Sellers"), and buyers ("Collectors").
"Artworks": Refers to original works of art, prints, sculptures, or other creative goods listed for sale by Sellers on the Website.
"Third-Party Content": Information, data, or communication links provided by Sellers, including Artwork descriptions, images, prices, and personal details.
1.2 Status as Intermediary
Indokala operates as an online marketplace and an "Intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000, and its subsequent amendments and Rules. Our role is strictly limited to providing a platform for the exchange of information and execution of sale transactions between Sellers and Collectors.
Indokala's function is limited to: a. Providing access to a communication system over which Third-Party Content is transmitted, temporarily stored, or hosted. b. We do not initiate the transmission, select the receiver of the transmission, or select or modify the information contained in the transmission.
2. ACCEPTANCE AND ELIGIBILITY
2.1 Acceptance of Terms
By clicking the "I Agree" button or by using the Website, you represent that you have read, understood, and agreed to be bound by these Terms and Conditions.
2.2 Eligibility
The Website is available only to individuals who are at least 18 years old and capable of entering into legally binding contracts under the Indian Contract Act, 1872. If you are registering as a business entity, you represent that you have the authority to bind that entity to these Terms.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Website Content Ownership
All content on the Website, including text, graphics, logos, images, design, software, and the compilation of all content (excluding the Artworks and their related Third-Party Content), is the exclusive property of Indokala and is protected by Indian and international copyright, trademark, and other intellectual property laws.
3.2 Artworks and Seller IP
a. Artworks Copyright: The copyright in all Artworks sold on the Website remains with the respective Artist/Seller, or the original copyright holder, as governed by the Indian Copyright Act, 1957. b. License Granted to Indokala: By listing an Artwork for sale, the Seller grants Indokala a worldwide, non-exclusive, royalty-free, transferable license to reproduce, display, and distribute the images of the Artwork solely for the purpose of promoting the Artwork and Indokala's services (e.g., on the Website, marketing emails, social media). This license is revoked upon removal of the Artwork listing or termination of the Seller's account, subject to archival purposes. c. Collector Use: The purchase of an Artwork grants the Collector ownership of the physical item only. It does NOT transfer the copyright, reproduction rights, or any other intellectual property rights in the Artwork to the Collector unless explicitly agreed upon in a separate written agreement between the Artist/Seller and the Collector.
3.3 Prohibited Activities
You shall not copy, reproduce, or use any content from the Website, including Artwork images, for commercial purposes without the express written permission of Indokala and the relevant copyright holder.
4. INDOKALA'S LIABILITY AND INDEMNIFICATION (SECTION 79 COMPLIANCE)
4.1 Intermediary Exemption
As an Intermediary, Indokala is exempt from liability for any Third-Party Content hosted on its platform, subject to the conditions laid down in Section 79 of the IT Act, 2000 and the associated rules (e.g., IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021).
4.2 Notice and Take-Down Procedure
a. Indokala shall not be liable for any unlawful or infringing Third-Party Content unless we have received actual knowledge (e.g., pursuant to a valid Court Order or notification by the Appropriate Government Agency) or a formal and detailed grievance notice from an affected party. b. Upon receiving a valid complaint (e.g., concerning copyright infringement, or content that is defamatory, obscene, or violates any law in force), Indokala shall act expeditiously to remove or disable access to the objectionable Third-Party Content within the timeframes prescribed by applicable Indian laws. c. Notices related to infringement or unlawful content must be sent to the Grievance Officer detailed in Section 8.
4.3 Seller and User Indemnity
You agree to defend, indemnify, and hold harmless Indokala, its owner, officers, directors, and agents from any and all claims, liabilities, damages, costs, and expenses (including legal fees) arising from: a. Your use of the Website, including transactions or communications. b. Any content or material (including Artworks) you upload, post, or transmit through the Website. c. Your violation of any applicable law, including but not limited to the Indian Copyright Act, 1957, and the IT Act, 2000. d. Any breach of your representations and warranties contained in these Terms.
5. TERMS OF SALE, PRICING, AND PAYMENT
5.1 Offer to Purchase
When a Collector places an order, it constitutes an offer to purchase the Artwork at the specified price. All prices are listed in Indian Rupees (INR) unless otherwise specified.
5.2 Transaction Finalisation
A transaction is considered final only upon the Seller’s confirmation of the Artwork’s availability and successful receipt of the full payment by Indokala’s designated payment processor.
5.3 Pricing and Description
Indokala relies on the Seller for the accuracy of pricing, description, and authenticity of the Artworks. We strive for accuracy but do not guarantee that Artwork descriptions or prices are free from errors. In case of a pricing error or discrepancy, Indokala reserves the right to cancel the order and issue a full refund to the Collector.
5.4 Taxes
All transactions are subject to applicable Central and State taxes, including GST, as mandated by the Government of India. The User is responsible for all such taxes and duties.
6. SHIPPING, RETURNS, AND CANCELLATION
6.1 Shipping and Delivery
The Seller is responsible for safely packaging and shipping the Artwork. Shipping and delivery timelines provided are estimates and delays may occur due to external factors (e.g., courier issues, natural calamities, border delays). Indokala is not liable for such delays.
6.2 Cancellations
Indokala reserves the right to cancel any order at its sole discretion for reasons including, but not limited to: Artwork unavailability, inaccuracies in pricing or description, or violation of these Terms. In such cases, a full refund will be processed within the legally stipulated timeframe.
6.3 Returns and Refunds
Returns and refunds are subject to Indokala’s separate Return Policy, which is incorporated into these Terms by reference. Collectors must review and adhere to the Return Policy for all such claims.
7. DISPUTE RESOLUTION AND GOVERNING LAW
7.1 Governing Law
These Terms, and all transactions and disputes arising out of the use of the Website, shall be governed by and construted in accordance with the laws of the Republic of India, without regard to conflict of law principles.
7.2 Jurisdiction
The Courts in Kolkata, West Bengal, India shall have exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions or your use of the Website.
7.3 Arbitration
Any dispute, difference, or controversy arising out of or in connection with these Terms, or the breach, termination, or validity thereof, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Kolkata, West Bengal, and the language shall be English. The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties.
8. GRIEVANCE REDRESSAL MECHANISM
In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and to address user grievances effectively, please use the following contact information:
Grievance Officer:
Name: [Mr. Romit Rana]
Email - info@indokala.com
Contact Time: Monday – Friday, 10:00 AM to 5:00 PM (IST)
The Grievance Officer will acknowledge any User complaint within twenty-four (24) hours of receipt and shall endeavour to resolve the complaint within fifteen (15) days from the date of receipt.
9. MISCELLANEOUS PROVISIONS
9.1 Limitation of Liability
In no event shall Indokala or its owner be liable for any indirect, incidental, punitive, special, or consequential damages arising out of or in connection with the use of the Website or the purchase of Artworks, even if advised of the possibility of such damages. The total liability of Indokala for any claim arising out of these Terms shall not exceed the amount paid by you for the Artwork giving rise to the claim.
9.2 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
9.3 Force Majeure
Indokala shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, governmental actions, or natural disasters.
