This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.indiakala.com (hereinafter referred to as "Website") is owned by Tarpa Ventures Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 701, Royyal Chambers, Gulmohar Road No. 1, Juhu, Mumbai-400049(hereinafter referred to as "India Kala").
1. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor, i.e. under the age of 18 years, you shall not register as a User of the India Kala website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. India Kala reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to India Kala's notice or if it is discovered that you are under the age of 18 years.
2. Your Account and Registration Obligations
You can create an account at India Kala in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify India Kala immediately of any breach of security or unauthorized use of your account. India Kala will not be liable for any losses caused by any unauthorized use of your account.
The Website is available through Facebook's "Facebook Connect" service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Website through Facebook Connect, India Kala may require that your India Kala user ID be the same as your user name for Facebook. If you sign into India Kala through Facebook Connect, you will provide your Facebook account credentials to India Kala, and you are consenting to have the information in that account transmitted into your India Kala account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.
Membership on the Website is free for buyers. India Kala does not charge any fee for browsing and buying on the Website. India Kala reserves the right to change its Fee Policy from time to time. In particular, India Kala may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event India Kala reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to India Kala.
5. Use of the Website
You agree not to engage in any of the following prohibited activities in connection with the Website: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated "scraping"; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Website; (vi) collecting or harvesting any personally identifiable information, including account names, from the Website; (vii) using the Website for any commercial purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Website; (x) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Website.
Accessing the audiovisual content available on the Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the India Kala Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Website, stop providing access to the Website or features of the Website (to you or generally), or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website without notice or liability to India Kala, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Website for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other India Kala Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. India Kala shall have no liability for your interactions with other Users, or for any User's action or inaction.
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
A. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
(i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins,friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another User's use and enjoyment of the Website;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent orinvolve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
B. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
C. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
D. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of India Kala or otherwise tarnish or dilute any India Kala's trade or service marks, trade name and/or goodwill associated with such trade or service marks,trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or India Kala's systems or networks, or any systems or networks connected to India Kala.
E. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
F. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
H. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your purchase of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
J. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such a dvertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
K. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
L. India Kala shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your owner through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
6. Content Posted on the Website
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
7. Privacy and Security
8. Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, India Kala does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
India Kala will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. India Kala does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications and/or Whatsapp notifications, in case of any order or shipment or delivery related updates.
9. India Kala Referral Credits
India Kala may provide India Kala members referral credits when members invite their friends to join India Kala ("Referral Credits"). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases.
All information that You provide in connection with a purchase or transaction with India Kala must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction with India Kala at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
(a) Lack of authorization for any transaction/s, or
(b) Exceeding the preset limit mutually agreed by You and between "Bank/s", or
(c) Any payment issues arising out of the transaction, or
(d) Decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
You understand, accept and agree that the payment facility provided by India Kala is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the India Kala Website using the existing authorized banking infrastructure and Credit Card payment gateway networks.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank.
India Kala reserves the right to impose limits on the number of Transactions or Transaction Price which India Kala may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
India Kala reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with India Kala or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
India Kala may do such checks as it deems fit before approving User’s commitment to pay (for Cash On Delivery transactions) Transaction Price for security or other reasons at the discretion of India Kala. As a result of such check if India Kala is not satisfied with the creditability of the User or genuineness of the Transaction / Transaction Price, it will have the right to reject the User’s commitment to pay Transaction Price.
India Kala may delay dispatch of orders, if India Kala deems orders to be suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, India Kala may hold Transaction Price and / or remit Transaction Price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
11. Compliance with Laws:
You shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to you for using Payment Facility and India Kala Website.
The Website is controlled and operated from India. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in India. India Kala makes no representations that the Website is appropriate or available for use in other locations / countries other than India. Those who access or use the Website from other jurisdictions do so on their own initiative and at their own volition and are entirely responsible for compliance with all applicable Indian laws, including but not limited to export and import regulations. India Kala is not responsible for supply of products / refund for the products ordered from other locations / countries other than India, nor for compliance with local laws, if and to the extent local laws are applicable.
13. Applicable Law
14. Trademark Complaints
India Kala respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to India Kala at email@example.com.
15. Product Descriptions and Pricing Errors
India Kala we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assume no liability in this regard.Pricing on any product(s) as is reflected on the Website may, due to some technical issue or typographical error, be incorrectly reflected and in such an event, India Kala may cancel your order(s).
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDIA KALA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY PRODUCT SOLD THEREBY. UNDER NO CIRCUMSTANCES WILL INDIA KALA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDIA KALA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INDIA KALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
17. Third Party Websites and Advertisers
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by India Kala without restriction.
19. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and India Kala's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
20. Grievance Officer
In accordance with the Information Technology Act, 2000 and Rule 3(11) of the Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact details of the Grievance Officer are provided below:
701, Gopush Annexe NS Road 11, Plot no 27, Vithalnagar Society, Juhu, Mumbai-400049
Time: Mon - Sat (9:00 - 18:00)
Any victims of violations by any person of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011, may complain in writing by email to the Grievance Officer, and each complaint shall be redressed within one month from the date of receipt thereof.