Terms of service

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "Buyer", or "Visitor") and NUI Contemporary Art Private Limited ("Company", "We", "Us", or "Our"), governing your access to and use of the Interspace platform and website ("Platform"). The Platform is owned, registered and operated by the Company, a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at J-102 (New No. 97), Western Avenue, Sainik Farms, New Delhi – 110062, India.

By accessing, browsing, registering on, or making a purchase through Interspace, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy (incorporated herein by reference with the Platform’s Privacy Policy). These Terms have been drafted in compliance with applicable Indian law, including but not limited to:

  • The Information Technology Act, 2000 (IT Act) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

  • The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 (E-Commerce Rules)

  • The Indian Contract Act, 1872

  • The Copyright Act, 1957

  • The Sale of Goods Act, 1930 and The Payment and Settlement Systems Act, 2007

  • Goods and Services Tax (GST) laws and applicable tax regulations

If you do not agree to these Terms, you must immediately cease use of the Platform.

2. Nature and Role of the Platform

Interspace is a curated digital marketplace facilitating the presentation and sale of artworks by Indian artists like paintings, printworks, sculpture, photography, furniture, jewellery, home décor items, precious & semi-precious jewellery or any other such products (“Artwork(s))”. NUI Contemporary Art Private Limited operates as an e-commerce entity and intermediary within the meaning of the IT Act and the E-Commerce Rules, 2020, enabling transactions between artists and buyers.

The Company also undertakes direct representation and consignment arrangements with artists, in which capacity it acts as a seller or consignee, as applicable.

3. Eligibility and User Representations

By using the Platform, you represent and warrant that:

  • You are at least 18 years of age and possess the legal capacity to enter into binding contracts under the Indian Contract Act, 1872

  • You are not a person disqualified from contracting under any applicable law

  • If accessing the Platform on behalf of a legal entity, you have the authority to bind that entity to these Terms

  • You will use the Platform only for lawful purposes in compliance with all applicable laws, rules, and regulations

  • You are not located in a jurisdiction that prohibits access to or use of platforms of this nature

Minors under 18 years of age are not permitted to register or transact on the Platform. Any account or transaction made by a minor shall be voidable at the Company’s discretion.

4. User Account, Registration, and Information Accuracy

Certain features of the Platform may require you to register an account. In doing so, you agree to provide current, accurate, and complete information as required during registration and promptly update and maintain such information.While doing so, you will maintain the confidentiality of your login credentials such as Your User ID and Password and other information.

You are solely responsible for all activities conducted through your account. The Company shall not be liable for any loss or damage arising from your failure to comply with this section. If there is any unauthorised use of your account, you are liable to notify the Company at the earliest. We reserve the right to indefinitely suspend, terminate or block/ refuse to provide You with access to the Platform.

In accordance with the E-Commerce Rules, 2020, the Company maintains records of registered users and transactions for compliance purposes. User data is handled in accordance with the Privacy Policy and applicable data protection laws.

5. Artwork Listings, Descriptions, and Representation

Interspace endeavours to ensure accurate representation of Artworks through images and accompanying information. You acknowledge that:

  • All Artwork descriptions, images, dimensions, and contextual information are for general informational and illustrative purposes

  • Colours, textures, and surface qualities of physical Artworks may vary from their digital representation due to differences in screen calibration, resolution, and device settings across mobile phones, tablets, and computers

  • Such variation is inherent to the nature of digital representation and does not constitute a defect or misrepresentation

  • Where any specific attribute of an Artwork is material to your purchase decision, you are encouraged to contact the Company prior to transacting

The Company reserves the right to modify, update, or remove listings at its discretion, without incurring any liability to users for such changes.

6. Pricing, GST, and Taxes

All prices listed on Interspace are in Indian Rupees (INR) unless otherwise stated, and are inclusive of Goods and Services Tax (GST) as indicated on the listing. The following apply:

  • GST and other applicable taxes will be charged in accordance with prevailing tax laws at the time of transaction

  • Tax invoices / e-invoices will be issued as required under the GST framework

  • Prices are subject to change without prior notice; however, the price applicable at the time of order confirmation shall govern the transaction

  • For international buyers, customs duties, import taxes, and applicable levies are the sole responsibility of the buyer and are governed by the laws of the destination country

The Company reserves the right to refuse or cancel any order in the event of pricing errors, unavailability of the product, suspected fraud, or issues with payment authorisation, and shall notify the buyer accordingly.

7. Payment Terms and Processing

Payments on Interspace are processed through RBI-authorised third-party payment gateways. By completing a transaction, you agree to:

  • Comply with the terms and conditions of the applicable payment gateway provider

  • Ensure that payment is made using a lawfully held payment instrument

  • Not initiate chargebacks or disputes in a fraudulent or bad-faith manner

The Company does not store sensitive payment information such as card numbers or CVVs. All payment data is handled by the respective payment gateway in accordance with applicable PCI-DSS standards and RBI guidelines on payment security.

In the event of payment failure, the transaction will not be confirmed. Any amount debited in error shall be refunded within 7 working days, subject to verification.

8. Shipping, Delivery, and Risk of Loss

The Company works with professional logistics and freight partners for the delivery of Artworks. The following conditions apply:

  • Delivery timelines are indicative and not guaranteed; the Company shall not be liable for delays caused by the logistics provider, force majeure events, or circumstances beyond its reasonable control

  • Risk of loss or damage to an Artwork passes to the buyer upon handover of the Artwork to the logistics provider

  • The buyer is responsible for ensuring that a competent adult is available to receive delivery at the specified address

  • The buyer must inspect the Artwork upon delivery and report any visible damage to the Company within 24 hours of receipt, with photographic evidence

  • Failure to report damage within 24 hours may affect eligibility for a return, replacement, or refund.

9. Returns, Refunds, and Cancellations

Given the unique, handcrafted, or limited-edition nature of Artworks, sales are generally considered final. However, the following provisions apply in accordance with applicable consumer protection law:

9.1 Damaged or Defective Goods

If an Artwork is received in a damaged or materially defective condition, the buyer must notify the Company within 24 hours of receipt with photographic or video evidence. Subject to verification, the Company shall, at its discretion:

  • Arrange for repair or restoration, where feasible

  • Provide a replacement of the same or equivalent Artwork, if available

  • Issue a full refund to the original payment method within 14 working days of verification

9.2 Cancellation Before Dispatch

No request for modification or cancellation of purchase order shall be entertained by the Platform.

9.3 Non-Refundable Items

Artworks that have been customised, commissioned, or created specifically at the buyer’s request are not eligible for return or refund, except in cases of damage or defect.

10. High-Value Transactions and Enhanced Verification

Transactions on Interspace may involve Artworks of significant monetary and cultural value. For certain transactions, the Company may, at its discretion, request additional identity verification documents, or delay, review, or decline an order where there is reasonable suspicion of fraud, impersonation, or violation of applicable laws.

11. Intellectual Property Rights

All intellectual property rights in the Artworks displayed on Interspace, including copyright, moral rights (including the right of paternity and right of integrity under Section 57 of the Copyright Act, 1957), and the right to be credited as the artist, vest exclusively with the respective artists.

By purchasing an Artwork, the buyer acquires the physical object and no intellectual property rights are transferred to the buyer unless expressly agreed in writing. The buyer shall not:

  • Reproduce, publish, or distribute images or reproductions of the Artwork for commercial purposes

  • Create derivative works based on the Artwork

  • Remove or alter any artist signature, attribution, or copyright notice associated with the Artwork

All trademarks, logos, platform design elements, curatorial texts, website architecture, and promotional materials created or used by NUI Contemporary Art Private Limited are its exclusive property and are protected under the Trade Marks Act, 1999 and the Copyright Act, 1957. No content from the Platform may be reproduced, distributed, or used for any purpose without prior written permission from the Company.

12. Artist Relationships, Content, and Post-Expiry Archiving

Interspace presents artist biographies, statements, and artwork-related information based on materials provided by artists, further developed in accordance with the Platform’s curatorial framework. The following terms apply:

  • Artist-provided content shared publicly constitutes the artist’s consent to its public display on the Platform for promotional and commercial purposes

  • Contractual, financial, and commercially sensitive information exchanged between artists and the Company is treated as confidential and is not disclosed to third parties except as required by law or legal process

  • Upon expiry or termination of an artist agreement, publicly displayed content (including artist profiles and Artwork information) may, at the Company’s discretion, be archived in the artist section or artwork section of the Platform, with Artworks marked “Unavailable for Sale / Enquiry Request” or displayed in other designated sections of the Platform

  • The Company’s right to archive and display such content post-expiry of artist agreements shall be governed by the terms of the applicable artist agreement

13. Limitation of Liability

To the fullest extent permitted by applicable Indian law, the Company shall have no liability whatsoever to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with your use of or inability to use the Platform, any transaction conducted through the Platform, or any content, Artwork, or service made available through the Platform. The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages including loss of data, revenue, business opportunity, or goodwill, arising out of or in connection with:

  • Use or inability to use the Platform

  • Unauthorised access to or alteration of your data

  • Delays or failures in delivery caused by any third-party providers including but not limited to third-party logistics providers, payment processors, or technology vendors  or force majeure events

  • Errors, omissions or inaccuracies whether on behalf of itself or any third-party content

  • Any reliance placed on information, representations, or communications on the Platform

You assume sole and full responsibility and risk for your use of the Platform and any transaction entered into through it. Your sole remedy in respect of any dissatisfaction with the Platform or any content thereon is to discontinue use of the Platform 

Nothing in these Terms shall exclude or limit liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded under applicable Indian law.

14. Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis. The Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or suitability of any Artwork listing, content, or service on the Platform. We do not make any representation or warranty as to the specifics of the Artworks proposed to be sold or offered to be sold or purchased on the Platform.

The Company does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components. The Company is not responsible for the conduct of any user on or off the Platform.

15. Third-Party Services and Links

Interspace may include links to third-party websites or use third-party services, including payment gateways, logistics providers, and analytics tools. These services operate independently and under their own terms and privacy policies. The Company:

  • Is not responsible for the content, security, or privacy practices of any third-party website or service

  • Does not endorse any third-party products or services by linking to or integrating with them

  • Shall not be liable for any loss or damage arising from your use of third-party services

Users are encouraged to review the terms and privacy policies of any third-party service before providing personal or payment information.

16. Prohibited Activities

You agree not to engage in any of the following on or through the Platform:

  • Engaging in fraudulent, deceptive, or misleading conduct

  • Infringing any intellectual property rights of the Company, artists, or third parties

  • Posting, transmitting, or sharing any content that is defamatory, obscene, or violates applicable law

  • Attempting to gain unauthorised access to the Platform or its systems

  • Engaging in money laundering, tax evasion, or any activity in violation of the PMLA or applicable financial laws

  • Using the Platform for any commercial purpose other than as a legitimate buyer

  • Interfering with the functionality, security, or integrity of the Platform

Any violation of this clause may result in immediate suspension or termination of access, and the Company reserves the right to report such activity to appropriate law enforcement authorities.

17. Grievance Officer

In compliance with the IT (Intermediary Guidelines) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020, the following Grievance Officer has been designated:

Grievance Officer: Shankar Tripathi
Designation: Curator
Organisation: NUI Contemporary Art Private Limited
Email: collect@interspaceart.com
Address: J-102, Western Avenue, Sainik Farms, New Delhi – 110062, India

18. Termination and Suspension

The Company reserves the right to suspend or terminate your access to the Platform, with or without prior notice, in the event of and not limited to the below:

  • A violation of these Terms or any applicable laws

  • Conduct that the Company reasonably believes is harmful to the Platform, its users, or third parties

  • A request from law enforcement or governmental authorities

Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination (including Intellectual Property, Limitation of Liability, and Governing Law) shall continue to apply.

19. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, acts of God, civil unrest, government actions, pandemics, power failures, or internet outages. The Company will use reasonable efforts to minimise the impact of any force majeure event and resume performance as soon as practicable.

20. Amendments to Terms

The Company reserves the right to update or revise these Terms at any time. Continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. Users are encouraged to review these Terms periodically.

21. Governing Law, Dispute Resolution, and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India.In the event of a dispute, the parties shall first attempt to resolve the matter through good-faith negotiation within 30 days of written notice of the dispute.The courts of New Delhi shall have exclusive jurisdiction over any disputes arising in relation to, or under, these Terms of Use.

22. Contact Information

For any questions, grievances, or concerns regarding these Terms and Conditions, please contact:

NUI Contemporary Art Private Limited
Email: collect@interspaceart.com
Registered Address:J-102, Western Avenue, Sainik Farms, New Delhi – 110062, India