Grievance Redressal Policy

Place: Kolkata, West Bengal, India

Last updated on Friday, 28 October 2022.

Ivy Nest Apartment is committed to meeting or exceeding our customer’s expectations of care and service. Providing quality service is the responsibility of every Ivy Nest employee. All employees are expected to participate in the complaint and grievance resolution process by adhering to service recovery principles and following the guidelines outlined herein.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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.  By clicking on the “I ACCEPT” button on this electronic contract, you/user are consenting to be bound by this Agreement. Please ensure that you read and understand all the provisions of this document before you start using the IVY NEST, as you shall be bound by all the terms and conditions herein upon clicking on the “ACCEPT & CONTINUE” button on this electronic contract. If you do not agree or accept any of the Terms and Conditions contained herein, then please do not use the IVY NEST’s digital platform or avail any of the services being provided therein.

1. Definitions & Interpretations
   1. A “Compliment” for purposes of this policy includes:
      1. Any comment that commends the organization or individual associated with the organization.
      2. A concern or complaint regarding the services or product.
      3. A relatively minor issue that can be resolved quickly by the person receiving the information and does not require intervention by management.
      4. Customer Liaison (i.e., change in bedding, housekeeping of a room, diet or serving preferred food and beverage, parking, lost and found issues) which can be addressed by staff present and promptly resolved to the Customer’s satisfaction.
      5. A concern expressed to Administration prior to attempting to resolve the matter with the staff present at the time of the incident.
      6. A billing issue that does not include quality of services.
      7. A privacy issue or an issue involving use or disclosure of information.
   2. A “Grievance” for purposes of this policy includes:
      1. A “customer grievance” is a formal or informal written or verbal complaint that is made to Ivy Nest by a Consumer or Customer, or it’s representative.
      2. If a customer care complaint cannot be resolved at the time of the complaint by staff present, is postponed for later resolution, is referred to the other staff for later resolution, requires further investigation and/or requires actions for resolution or coordination with other departments, then the complaint is a grievance for the purposes of this document.
      3. A written complaint is always considered a grievance.
      4. Any complaint that is not resolved up to the satisfaction of the customer or consumer.
   3. Resolution for purposes of this policy includes:
      1. A complaint or grievance is considered resolved when the complainant is satisfied with the actions taken on the customer’s behalf or Ivy Nest Apartments has taken all reasonable and appropriate steps to resolve the matter, even though the customer remains unsatisfied.
   4. Staff Present for purposes of this policy includes:
      1. “Staff present” includes any Ivy Nest staff that is present at the time of the complaint or who can quickly be at the customer’s location that can assist with resolving the customer’s concern or complaint.
   5. "Confidential Information" means any and all data or information that is of value to the Company and is not generally known in the industry or to competitors of  the company  and includes, but is not limited to, business information, business plans, financial statements, specifications, research, software, trade secrets, discoveries, ideas, know-how, designs, drawings, flow charts, data, computer programs, marketing plans, customer names, budget figures, and other technical, financial and business information concerning  the Company or any such information of clients, customers, affiliates, subsidiaries or agents which is disclosed by Company, whether directly in oral or material form, or indirectly.
   6. “Data” includes but is not limited to any kind of Personal Information, Pictures, Graphs, Business Information, Financial Reports, Technical Information, Usage Reports, IP Addresses, Customer Information, Supplier Information, Product Information or any other materials or that is generated by the execution of this Agreement and in the due course of usage of the Portal.
   7.  “Effective Date” shall mean the date of signing of this Agreement.
   8.  “Force Majeure” shall means (without any limitation) any act of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, acts of terrorism, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrest and restraints of governments and people, civil disturbances, and explosions, any change/repudiation of act, rules, regulations, bye-laws, policies, which are applicable on the agreement or any reason beyond the control of the Parties hereto effecting the performance of the obligations under this Agreement.
   9. “Intellectual Property” shall mean and include without limitation, all of the following items, regardless of the form or medium involved (e.g., paper, electronic, tape, tangible or intangible): copyrights, trade secrets, the business format or other intellectual property rights upon or in relation to the Business, Brand and all other information, materials, and copyrightable or patentable subject matter developed, acquired, licensed, or used within the scope of this agreement.
   10.  “Term” shall mean a period which is prescribed under the clauses of this agreement from the date of execution of this Agreement.
   11. Interpretation
       In this Agreement: words importing the singular include the plural and vice versa; words denoting the masculine gender shall include the feminine gender and neuter gender; a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); unless stated otherwise the words "include" and "including" shall be construed without limitation; all reference to statutes shall include any modification, re-enactment or extension thereof for the time being in force; a reference to a clause, annex, annexure, appendix or schedule is a reference to a clause of or an annex, annexure, appendix or schedule to this Agreement. Schedules shall form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. the headings and bold typeface are only for convenience and shall be ignored for the purpose of interpretation of this Agreement; a disclosure of an item in writing referring to a specific Clause of this Agreement or specific Clauses of any Schedules and/or Annexure shall be deemed to be a disclosure only for the purposes of that clause and not for the purposes of any other provision of this Agreement; and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
2. Scope of the Grievance Policy
   1. The Customer understand and agrees to the competency and capability of the Company’s business. Therefore, as a consequence, the Customer agrees to provide goods/products or Customer services as per the terms set henceforth in this Agreement.
   2. The Customer also acknowledges the existence of contractual obligations between the Company and itself and therefore, agrees to bind itself with the conditions of this Agreement. The Customer also acknowledges that it has competency and expertise to satisfactorily carry out its obligations as per this Agreement.
   3. The company shall be empowered to amend such terms of service or scope of service from time to time as per the requirement of business.
3. Confidentiality
   1. Either Party hereby agrees and undertakes to maintain utmost confidentiality with respect to Confidential Information furnished by the Disclosing Party to the Receiving Party or which comes within the knowledge or possession of the Receiving Party or its personnel, as a result of association with the Disclosing Party under this Agreement. The Receiving Party shall take necessary precautions, acceptable to the Disclosing Party to keep the Confidential Information secret and confidential.
   2. The Confidential Information shall not be used by the Receiving Party or its personnel for any purpose other than pursuant to or for the purpose of this Agreement, and, in particular, the Receiving Party shall not use the Confidential Information for its own benefit.
4. Content & Data Protection
   1. Content consists of all data, software, and information that Consumer or its authorized users provides, authorizes access, Use of the Service will not affect Company's ownership or license rights in such Content. The Company its affiliates, may access and use the Content solely for the purpose of providing and managing the Service. Company will treat all Content as confidential by not disclosing Content except to Company/Service Provider’s employees and contractors and only to the extent necessary to deliver the required Services.
   2. The Customer hereby undertakes that it would not, under any circumstances, share or sell any data of the Company or its users that it may receive through any means via this Agreement to any third party.
   3. Both the Parties acknowledge that they may have access to certain Data as defined under the Definitions clause. Both the parties undertake that if any data is accessed or is made available to any of their employees, agents or contractors and any other related party, they would not store, copy, imitate, record, analyse, photograph or video graph or use any other technique that may be used to manipulate this data. 
5. Governing Law
   1. The Customer acknowledges that the present agreement is governed by the Indian Contract Act, 1872 and other relevant laws of India. Any and all the procedures, legality, liability that may arise will comply with the above-mentioned laws.
6. Dispute Resolution
   1. The company and the Customer hereby agree that they intend to discharge their obligations in the utmost good faith. They, therefore, agree that they will, at all times, act in good faith and make all attempts to resolve all differences howsoever arising out of or in connection with this Agreement by discussion.
   2. If the dispute is not resolved through mutual discussion, the parties shall be bound to submit all disputes and differences howsoever arising out of and in connection with this Agreement to courts of Kolkata, West Bengal, India.
   3. Each Party shall bear the cost of preparing and presenting its case, including fees and expenses of the arbitrators, shall be shared equally by the Parties, unless the award otherwise provides.
   4. The resolution of a dispute totally depends on the grievance situation. When the complaint is with a long history, it may take hours to find a solution for that particular problem. The complaint filed for a one-time incident may be sorted within a matter of hours. If the employee has filed a complaint against racism, or sexual harassment, it needs careful investigation and may take months to find a solution as this may involve multiple people.
7. General Clauses
   1. Regulatory References:
      1. This Policy should be read in conjunction with partner Bank policies and procedures, which may contain specific issues relating to compliance.
      2. This Policy should also be read in conjunction with the regulatory guidelines and shall be updated in line with the changes made in the regulatory guidelines as and when required.
   2. Interaction with Customers:
      1. In line with Ivy Nest’s strategic objective of delivering Superior and Consistent Service Experience, the organization shall constantly seek feedback from customers through various questionnaires / meetings / surveys on the overall experience for continuous improvement in customer service delivery processes.
   3. Record keeping:
      1. Call Records, emails and other customer interactions are recorded to ensure alignment with necessary regulations and compliance standards.
   4. Policy Review:
      1. This policy shall be subject to a review on an annual basis.
   5. Please Note:
      1. Customers are advised to follow the hierarchy of the redressal matrix. Skipping levels in the redressal matrix may lead to failure in acknowledgement and resolution of grievances.
      2. Customers are strictly advised to refrain from reporting disputes on social media platforms for security purposes.
8. Contact us
   1. You may contact on the following address for the redressal of your grievances.
      Ivy Nest
      legal@ivynestapartments.com