Terms & Conditions

Move-in/Move-out Procedure Policy

Place: Kolkata, West Bengal, India 

As updated on: Thursday, 13 February 2025. 

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. 

The Platform is owned by Ivy Nest Apartments under the brand name "Ivy Nest ". Ivy Nest Apartments operates, controls and manages the Services as defined below.:

1. Definitions & Interpretations

• “Platform” The Ivy Nest Apartments Website and Mobile Applications are jointly referred as Platform. 
• User (An individual or a firm who are registered as an end user/client to Ivy Nest Apartments) 
• "Password" means a secret word or phrase or code or passphrase or secret key, sockets or encryption or decryption keys that one uses to gain admittance or access to information. 
• “Affiliate/s” means, with respect to either Party, mean any person, company, corporation, association, or entity, which directly or indirectly Controls, is Controlled by, or is under common Control of such Party. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the affairs, management and policies of a Party, and/or to control the composition of its board of directors (or equivalent), whether through ownership of voting securities, contract or otherwise. The terms “controlled” and “controlling” shall be construed accordingly.
• “Applicable Laws” or “Laws” includes all applicable statutes, enactments, acts of legislative or Parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any government, statutory authority, tribunal, board, court or recognized stock exchange of competent jurisdiction. 
• “Authorized User” means employees or agents of Customer (or Affiliates or other individuals solely to the extent explicitly permitted in an Order Form) selected by Customer to access and use the Platform Services. 
• "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. 
• “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 Policy and in the due course of usage of the Portal.
• “Effective Date” shall mean the date of signing of this Policy. 
• “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 Policy or any reason beyond the control of the Parties hereto effecting the performance of the obligations under this Policy.
• “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, patents, patent applications, 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 Policy. 
• “Term” shall mean a period which is prescribed under the clauses of this Policy from the date of execution of this Policy. 
• Interpretation 
  In this Policy: 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 Policy. Schedules shall form part of this Policy and shall have effect as if set out in full in the body of this Policy. the headings and bold typeface are only for convenience and shall be ignored for the purpose of interpretation of this Policy; a disclosure of an item in writing referring to a specific Clause of this Policy 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 Policy; 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. General Terms and Conditions

• All references to "you" or "your" or “user” as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner. 
• By using the platform, you agree to be bound by the Terms of use, Privacy Policy and Payment Terms (defined below) published over Ivy Nest Apartments Website www.ivynestapartments.com 
• You are solely responsible for safeguarding your Ivy Nest Apartments password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Ivy Nest Apartments immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another member’s Account without Ivy Nest Apartment’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform. 
• You hereby expressly acknowledge and agree that you yourself and not Ivy Nest Apartments will be liable and responsible for consequential, sequential or any other type of losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for all the losses of Ivy Nest Apartments or its subsidiaries, joint holders or any other Party related to Ivy Nest Apartments due to such unauthorized use. 
• You shall be responsible for uploading various details like scan copy of PAN card and other payment details/ bank account details and also for the authenticity and verification of information. Ivy Nest Apartments shall not have any direct, indirect responsibility and shall not be held liable in case incorrect information provided by any User.

3. Moving-In & Moving-Out Charges

• The LICENSEE has agreed to bear the Moving-in and Moving-out charges as fixed by the Licensor Company.

4. Vacation of Property, Apartment or Premises

• Property/apartment/premises having monthly lock-in from the date of Occupancy. 
• Security is refundable only after completing lock-in period stay with a 1(one) month prior vacation notice of property having lock-in period of 2(two) or more months. 
• No security money will be claimed under any circumstances if the lock-in period is not completed. 
• No security money will be claimed if not given (one) month prior notice. 
• No unofficial or informal notice of vacation will be accepted, apart from formal written notice mentioning the date of vacation of property/apartment/premises, reason and added with N.O.C clearance of belonging taken and nothing left over. 
• Notice of vacation is to be given by the Licensee with 1(one) month prior notice. If any dispute is found or any payment issue or inappropriate behaviour and/or attitude towards the Licensor by the Licensee is found or noticed, in such case the Licensor’s terms and conditions applicable to standard cases as available on the Licensor's online portal shall apply and the Licensee shall be strictly bound by the same.
• In extreme case, the property/apartment/premises can be vacated in a day under the Licensor’s specific guideline and legal guideline and with legal help and process. 
• A Licensee is mandatorily required to raise the request to vacate through the Licensor’s App with a minimum of 01(one) month prior to the date of vacation irrespective of duration of stay on property having lock-in period of 2(two) or more months. 
• Any request to cancel/withdraw the request for vacation of property/apartment/premises already made earlier needs to be given via mail at operations@ivynestapartments.com within 7(seven) days from the date the notice of vacation was given. For example, if the Licensee has given the notice to vacate the property/apartment/premises on 01/12/2021 than the Licensee must inform the Licensor/operation within and latest by 08/12/2021 about the cancellation/ withdrawal of the request for vacation of the property/apartment/premises. 
• Any request to extend the stay has to be made minimum of 10(ten) days prior to the date of vacation of the property/apartment/premises through the Licensor’s App, which will be considered subject to availability. 
• Post Vacation initiation date, rent is payable for the next 30(thirty) days mandatorily even if the Licensee wants to vacant earlier than thirty days. Rent is to be paid via the Licensor’s App or Payment link shared on the Licensee registered Phone No. or Mail ID.
• The payment / refund policies for the notice period varies based on the vacation date and is illustrated below: 
• Condition 1: - If the Vacant Notice is initiated on the 1st to 31st of the same month and vacated on the same month, the Security money will be forfeited.
• Condition 2: - If the vacant notice is initiated on 1st or 31st and vacated next month between 1st to 5th, rent of each day shall be paid via subscription or shall be deducted from the given security money. hence the rest amount will be returned after the deduction mentioned above on the 6th of next month. 
• Condition 3: - If the vacant notice is initiated between 1st to 30th, and vacated next month between 1st or 30th, if the rent is not paid then the Security Money will be forfeited. 
• Condition 4: - If vacated without notice the rent will continue to accrue, till one month (1) Prior Notice initiated.

5. Extension of Date of Vacation

• For the extension of date of vacation, the Licensee has to apply for the extension in the Notice to Vacate, the request which must be submitted to the Licensor’s App. 
• The request must be submitted minimum of 10(ten) days prior to the date of vacation of the property/apartment/premises. 
• Extension request is subject to availability of accommodation and will be approved only when the Licensee pays extra accommodation charges in advance. 
• If approved, the rent for additional days has to be paid through the payment link shared with the Licensee on its registered Phone No. & Mail ID. 
• Notice Period extension request in the last 10(ten) days prior to the date of vacation of the property/apartment/premises will result in creation of a new booking and all charges applicable for a new booking shall apply.

6. Account Details

• Refund will only be done via online net banking and no other mode of refund will be permitted. 
• Refund will be only be made to the account from which the Licensor has received the money 
• Please refer to our Terms and Conditions page for further details.

7. Contact us

• Any notices or other communications required or permitted in terms of these presents shall be deemed to have been duly served if, (a) delivered in person; or (b) sent by registered or certified mail, return receipt requested, or (c) email; and addressed as follows:

IVY Nest Apartments

accounts@ivynestapartments.com