Terms & Conditions

Lease Agreement and Renewal 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. Renewal of Licensee Agreement

• On the expiry of the initial period of Leave and license here under granted the same can be renewed at the instance of the parties to this agreement on mutually agreed terms and conditions and for that purpose a fresh Agreement shall be entered in writing.
• This agreement shall be executed in duplicate and the original shall be retained by the Licensor and duplicate by the Licensee.
• At the end of the term i.e., after Said days/months/years, this agreement stands terminated and parties can renew the agreement by signing a new agreement on mutually agreed terms. This agreement should be referred in the new agreement for the purpose of Security Deposit and other property related details.
• In a scenario wherein multiple and mutually unrelated Licensee (Not family members) i.e., office colleagues, students etc. are party to this agreement and if any or more among them leaves the premise and move out of this agreement as Licensee; this agreement shall be terminated and remaining parties will sign a fresh agreement on mutually agreed terms. If this termination happens before lock-in period and parties are not renewing this agreement security deposit will be forfeited as agreed above in the agreement.
• It is the sole responsibility of the Licensee (any and all the parties to the agreement) to inform the Licensor about the exit of one or more mutually unrelated Licensee. If not informed; any and all liability of the exiting Licensee shall be solely borne by the remaining Licensee in the agreement.
• The costs associated with the renewal of this agreement shall be borne by the licensee as otherwise stipulated within the provision of the platform.

4. Confidentiality

• 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 Policy. The Receiving Party shall take necessary precautions, acceptable to the Disclosing Party to keep the Confidential Information secret and confidential.
• 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 Policy, and, in particular, the Receiving Party shall not use the Confidential Information for its own benefit.

5. Content & Data Protection

• 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.
• The User 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 Policy to any third party.
• 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, analyze, photograph or video graph or use any other technique that may be used to manipulate this data.

6. General Clauses

• Ivy Nest Apartments shall have the right to modify, edit, alter and or change the terms and conditions including but not limited to payment terms published on this platform along with the information and or contents thereof, without prior intimation and you agree to be abided by such modified terms and conditions by using the Platform.
• Entire Terms
• The Payment Terms, Terms of Use together with the Privacy Policy and any other legal notices or Additional Policies published by Ivy Nest Apartments on the Platform, shall constitute the entire Policy between you and Ivy Nest Apartments concerning the Platform. If any provision of the Payment Terms is deemed invalid by a court of competent jurisdiction or through any modification in any Statues enacted by the Government of India, the invalidity of such provision shall not affect the validity of the remaining provisions of the Payment Terms, which shall remain in full force and effect.
• No waiver of any provision of this these Payment Terms shall be deemed a further or continuing waiver of such term or any other terms, and Ivy Nest Apartment’s failure to assert any right or provision under these Payment Terms shall not constitute a waiver of such right or provision.
• Section Headings
• The section headings in the Payment Terms are for convenience only and have no legal or contractual effect.
• Absence of Presumption: No presumption shall operate in favor of or against any Party hereto as a result of any responsibility that any Party may have had for drafting this, Policy.
• Language Clause: It is hereby agreed that both parties specifically require that this Policy and any notices, consents, authorizations, communications and approvals be drawn up in the English language.
• Further Assurances: Each of the parties hereto hereby covenants and agrees to execute and deliver such further and other Policy’s, assurances, undertakings, acknowledgments or documents, and other acts and things as may be necessary or desirable in order to give full effect to this Policy and every part hereof.
• Binding Nature: This Policy shall inure to the benefit of and be binding upon the parties hereto and their respective (as applicable) successors and assigns.
• Liquidated Damages Clause: Allows the non-breaching party to recover damages in the event that actual damages are difficult to calculate. However, the amount of liquidated damages needs to be reasonable in light of the circumstances and shall not in any condition exceed the value of the contract.
• Force Majeure: Neither Party shall be liable for failure to perform any obligations under this Policy to the extent such failure is caused by a Force Majeure event. If either Party has knowledge of any Force Majeure event, at its location, that may prevent or threaten to prevent the timely performance under this Policy, such Party will promptly notify the other Party, and provide all relevant information concerning the delay or potential delay.
• Waiver: The failure at any time of either Party to demand strict performance by the other of any of the terms, covenants or conditions set forth herein shall not be construed as a continuing waiver or relinquishment thereof, and either Party may, at any time, demand strict and complete performance by the other of such terms, covenants and conditions, as permissible by law.
• Severability: The invalidity or unenforceability of any provision in this Policy shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of this Policy, the Parties will immediately negotiate in good faith to replace such a provision with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.
• Currency: All references to monetary amounts in this Policy shall be to Indian currency.
• Counterparts: This Policy may be executed in counterparts, each of which shall constitute an original, and all of which shall constitute one Policy.

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