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Terms & Conditions

GUEST AND VISITOR POLICY

Place: Kolkata, West Bengal, India
Last Updated: Saturday, 20 December 2025

Legal Nature and Electronic Execution

This Guest and Visitor Policy (“Policy”) governs the entry, presence, conduct, and regulation of all visitors, guests, invitees, and third parties (“Visitors”) at residential premises facilitated through the Ivy Nest Apartments digital platform (“Platform”).

This Policy applies to all Licensees, occupants, residents, and registered users (“Residents”) availing accommodation services through the Platform.

This Policy forms an integral part of the Platform’s Terms of Use, User Agreement, Housing Policy, and Booking Conditions and shall be binding upon all Residents and Visitors

By clicking on the “I ACCEPT” or “ACCEPT & CONTINUE” button on the electronic interface of the Platform, the User expressly consents to, acknowledges, and agrees to be legally bound by the terms of this Policy.

By accessing, browsing, registering on, booking through, or otherwise using the IVY NEST platform, website, mobile application, or services, and by clicking the “I ACCEPT” / “ACCEPT & CONTINUE” button, the user expressly consents to be bound by this Policy, along with all other applicable platform policies.

If this Policy is not in a language that the user understands, the user is required to contact IVY NEST at grievance@ivynestapartments.com within 24 (Twenty-Four) hours of receipt. Failure to do so, coupled with acceptance of this Policy, shall be deemed to constitute full understanding and informed consent.

If the User does not agree to any provision contained herein, the User must immediately discontinue access to and use of the Platform and refrain from availing any services offered thereunder.

The digital platform is owned by Ivy Nest Apartments, operating under the brand name “IVY NEST” (“Company”, “IVY NEST”, “Platform”, “we”, “us”, or “our”).
IVY NEST Apartments operates, controls, and manages the Platform and the services offered thereon, as defined under applicable policies, terms, and agreements.

IVY Nest Apartments is engaged in the business of providing residential accommodation and rental solutions through a technology-enabled digital platform / online portal to intending occupiers and/or licensees.

The services offered through the Platform cater to a diverse range of users, including but not limited to:

  • Digital nomads
  • Remote workers
  • Students
  • Working professionals
  • Community-oriented residents
  • Short-term and long-term occupiers

The Platform facilitates access to multiple categories of living and working spaces, including:

  • Paying Guest (PG) accommodations
  • Rental flats and apartments
  • Room-sharing residences
  • Hostels
  • Co-living spaces
  • Co-working spaces
  • Workation stays
  • Vacation homes and short-term stays

In addition to accommodation services, the Platform functions as an Online Travel Agency (OTA) by:

  • Aggregating verified accommodation and rental listings
  • Displaying property details, pricing, availability, and amenities
  • Facilitating digital discovery, comparison, booking, and rental transactions
  • Enabling seamless online booking experiences for short-term and long-term stays

The Platform acts strictly as a technology intermediary and facilitator, and does not act as a landlord, property owner, broker, or agent, unless expressly stated otherwise.

The business operates entirely through electronic and digital means, ensuring convenience, transparency, and scalability for both short-term and long-term stays.

For the purposes of this Policy, unless the context otherwise requires:

“Platform” means the IVY Nest Apartments website, mobile applications, and all related digital interfaces, collectively.

“User” means any individual, firm, entity, occupier, guest, licensee, or customer registered as an end user/client on the IVY Nest platform.

“Password” means any secret word, phrase, code, passphrase, encryption or decryption key, socket, or authentication credential used to access the Platform or its services.

“Affiliate(s)” means any person, company, corporation, association, or entity that directly or indirectly controls, is controlled by, or is under common control with a Party.
“Control” includes the power to direct management or policies, whether through ownership, contract, or otherwise.

“Applicable Laws” or “Laws” include all statutes, enactments, rules, regulations, notifications, guidelines, policies, directions, and orders issued by any competent governmental, statutory, judicial, or regulatory authority, including municipal and local authorities.

“Authorized User” means employees, agents, or permitted individuals of a Customer or Affiliate expressly authorized to access and use the Platform.

“Confidential Information” means all non-public, proprietary, or sensitive information of the Company or its users, including business plans, financial data, software, trade secrets, customer data, marketing strategies, and technical information disclosed in any form.

“Data” includes Personal Data, usage data, images, records, IP addresses, transaction details, user information, supplier information, and all data generated through the execution of this Policy or use of the Platform.

“Effective Date” means the date on which the User accepts this Policy electronically.

“Force Majeure” means any event beyond reasonable control, including acts of God, natural disasters, epidemics, governmental actions, riots, wars, strikes, regulatory changes, or any circumstance rendering performance impracticable.

“Intellectual Property” includes all copyrights, patents, trade secrets, software, designs, business formats, and other proprietary rights developed, used, or licensed in connection with the Platform or services.

“Term” means the duration for which this Policy remains applicable, as defined under the relevant clauses.

“Independent Property” means a self-contained residential unit occupied exclusively by one Licensee or household.

“Visitor” means any person entering the premises upon invitation, permission, or accompaniment of a Resident, including social guests, relatives, friends, or professional visitors.

“Shared Accommodation” means premises where multiple unrelated occupants share common facilities, including hostels, PGs, and co-living spaces.

“Authorized Personnel” means employees, representatives, security staff, or agents appointed by the Licensor or property owner.

The purpose of this Policy is to ensure a lawful, transparent, fair, and secure tenant induction process that protects:

  • Property owners and licensors
  • Existing occupants and community safety
  • Platform integrity and compliance obligations
  • Public order, safety, and statutory requirements

This Policy aims to balance risk mitigation, legal compliance, and non-discriminatory access while preserving the Platform’s right to accept, conditionally accept, or reject any Applicant.

This Policy is drafted and implemented in compliance with:

  • Information Technology Act, 2000 – electronic contracts, records, and intermediary protection
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
  • Digital Personal Data Protection Act, 2025
    • Lawful purpose and consent
    • Data minimization and security safeguards
    • User rights and grievance redressal
  • Consumer Protection Act, 2019
  • Consumer Protection (E-Commerce) Rules, 2020 (as amended)
    • Transparency and disclosure obligations
    • Refunds, cancellations, and grievance handling
  • Indian Contract Act, 1872 – enforceability of electronic agreements
  • Applicable State Rent Control Laws / Model Tenancy Act / New Rent Rules, 2025
  • Local municipal and real estate regulations, where applicable

This Policy forms a legally binding and enforceable contract between Ivy Nest Apartments and the User upon electronic acceptance. The terms herein shall be read harmoniously with the Platform’s:

  • Terms of Use
  • Privacy Policy
  • Booking, Cancellation & Refund Policy
  • Lease / License Agreements
  • Any additional policies published on the Platform

In the event of any conflict, the more specific policy shall prevail, subject to Applicable Law.

1. Platform Role and Intermediary Status

1.1 Intermediary Nature of the Platform

Ivy Nest Apartments operates solely as a technology-enabled digital intermediary platform, providing an online infrastructure that facilitates:

  • Discovery, listing, and display of residential accommodation options;
  • Collection and transmission of information submitted by users, licensors, and applicants;
  • Lawful tenant screening, verification facilitation, and onboarding processes; and
  • Digital enablement of bookings, payments, documentation, and communication between relevant parties.

The Platform operates solely as a technology-enabled intermediary facilitating accommodation discovery, booking, and management.

The Platform operates solely as a technology-enabled intermediary facilitating accommodation discovery, booking, and management.

The Platform does not function as a landlord, property owner, broker, agent, or statutory authority, unless expressly stated in writing.

1.2 Express Disclaimer of Agency, Ownership, and Authority

For the avoidance of doubt, Ivy Nest Apartments does not, by virtue of operating the Platform or providing any associated services, act as or assume the role of:

  • A landlord, lessor, licensor, or property owner, except where expressly disclosed in writing for a specific property or transaction;
  • A real estate broker, dealer, agent, or intermediary within the meaning of applicable real estate or brokerage laws;
  • A partner, joint venture, fiduciary, or representative of any property owner, society, or user;
  • A government authority, statutory body, municipal authority, or regulatory agency; or
  • A law-enforcement, investigative, adjudicatory, or judicial authority.

Nothing contained on the Platform shall be deemed to create any agency, partnership, employment, fiduciary, or joint-venture relationship between the Platform and any user, licensor, licensee, or third party.

1.3 Independence of Occupancy and Tenancy Decisions

All decisions relating to occupancy, tenancy, licensing, allotment, continuation, renewal, or termination of stay are subject to independent considerations and approvals, including but not limited to:

  • The consent, discretion, and conditions imposed by the property owner or licensor;
  • Compliance with housing society, association, estate, or building management rules and by-laws;
  • Fulfilment of local municipal, police, and statutory verification requirements, including mandatory tenant or occupant verification; and
  • Adherence to applicable central, state, and local laws, including rent control laws, tenancy regulations, and public order requirements.

The Platform does not guarantee, warrant, or represent that any Applicant shall be accepted, permitted to occupy, or allowed to continue in any premises listed or facilitated through the Platform.

1.4 No Assumption of Legal Responsibility for Third-Party Decisions

Any acceptance, rejection, conditional approval, eviction, or termination decision taken by a property owner, licensor, housing society, or competent authority shall be deemed to be an independent third-party decision, for which Ivy Nest Apartments shall not be responsible or liable, except to the extent expressly mandated by applicable law.

1.5 Regulatory Alignment and Safe-Harbour Protection

This Platform Role and Legal Position clause is intended to ensure compliance with and availment of:

  • Intermediary liability protection under the Information Technology Act, 2000;
  • Transparency and disclosure obligations under the Consumer Protection (E-Commerce) Rules, 2020;
  • Contractual enforceability under the Indian Contract Act, 1872; and
  • Applicable tenancy, housing, and municipal regulations in force in India as of 2025.

2. Visitor Eligibility

2.1 Permissibility in Independent Properties

Visitors shall be permitted in Independent Properties, subject to compliance with:

a. Applicable laws and regulations;
b. Housing society bye-laws;
c. Property-specific rules; and
d. This Policy.

Such permission is conditional and revocable at the sole discretion of the Licensor, property owner, or Authorized Personnel in the interest of safety, security, or compliance.

The presence of Visitors shall not create any tenancy, sub-tenancy, license, easement, or possessory rights.

Visitor access in Independent Properties is conditional, revocable, and subject to security protocols.

2.2 Prohibition in Shared Accommodations

Visitors are strictly prohibited in Shared Accommodations, including but not limited to:

a. Paying Guest facilities;
b. Co-living residences;
c. Hostels;
d. Room-sharing apartments; and
e. Dormitory-style premises.

No Resident of a Shared Accommodation shall permit, host, facilitate, or accommodate any Visitor within the premises under any circumstances, unless expressly authorized in writing.

Any violation of this clause shall constitute a material breach of contract.

2.3 Mandatory Compliance with Property Rules

All Visitors shall be mandatorily bound by:

a. Property rules and regulations;
b. Society and municipal norms;
c. Safety and security protocols;
d. Community conduct standards; and
e. Applicable statutory requirements.

Residents shall ensure that Visitors are informed of and comply with all applicable rules.

Non-compliance by a Visitor shall be deemed non-compliance by the concerned Resident.

2.4 Binding Nature Across Platform Interactions

This Policy shall be deemed binding and applicable upon all Applicants from the moment they:

  • Access or browse accommodation listings requiring screening;
  • Submit personal, identification, or verification information;
  • Initiate a booking, application, or onboarding request; or
  • Otherwise engage with the Platform in a manner that triggers tenant screening or selection processes,

and such applicability shall continue for the duration of the Applicant’s interaction, consideration, stay, or association with the Platform, as may be relevant.

2.5 Read-Together Clause

This Policy shall be read in conjunction with, and not in isolation from:

  • The Platform’s Terms of Use / Terms & Conditions;
  • Privacy Policy (including DPDP Act, 2025 compliance);
  • User Agreement / Platform Access Agreement;
  • Accommodation Listing & Content Policy; and
  • Any other applicable policies, disclosures, or legal notices published on the Platform from time to time.

3. Responsibility and Accountability of Licensee

3.1 Primary Responsibility

The Licensee shall be solely and fully responsible for the conduct, behaviour, and activities of all Visitors.

The Platform shall not supervise, monitor, or control Visitor conduct.

3.2 Liability for Nuisance and Disputes

The Licensee shall be liable for any nuisance, disturbance, dispute, or inconvenience caused by Visitors.

Complaints received from neighbours, societies, or authorities due to Visitor conduct shall be attributed to the Licensee.

Repeated complaints may result in suspension or termination of occupancy.

3.3 Indemnity Obligations

The Licensee agrees to indemnify, defend, and hold harmless the Platform, Licensor, and property owner against:

a. Claims;
b. Losses;
c. Damages;
d. Legal proceedings;
e. Regulatory actions,

arising from Visitor conduct.

This indemnity shall survive termination of occupancy.

3.4 Employment or Academic Verification

For working professionals, the Platform may request and verify:

  • Employer name and contact details;
  • Employment identification cards or official email verification;
  • Offer letters, appointment letters, or proof of engagement;
  • Nature, continuity, and stability of occupation, where relevant.

For students, the Platform may request verification of:

  • Admission letters, enrollment certificates, or fee receipts;
  • Institutional identity cards;
  • Name and address of the educational institution.

Such verification shall be conducted solely to establish bona fide occupancy intent and lawful source of stay, and shall not be used to assess social status, income level beyond affordability, or any prohibited criterion.

3.5 Financial Assessment

The Platform may assess an Applicant’s capacity to meet financial obligations, including:

  • Monthly rent or license fee;
  • Security deposits;
  • Maintenance charges;
  • Platform fees or statutory charges.

Applicants may be required to demonstrate E-NACH, ECS, auto-debit, or other lawful digital payment capability, where such payment modes are mandated under the applicable accommodation or subscription model.

Where deemed necessary by the property owner, licensor, or Platform policy, the Applicant may be required to furnish Guarantor details, subject to:

  • Lawful consent of the guarantor;
  • Submission of guarantor KYC documents; and
  • Compliance with Applicable Laws and data protection obligations.

Financial assessment shall not constitute credit scoring or financial profiling beyond what is reasonably necessary for tenancy or license suitability.

3.6 Prior Tenancy Conduct (Where Lawfully Available)

Where lawfully disclosed or voluntarily provided by the Applicant, the Platform may consider:

  • References from previous landlords or licensors;
  • History of timely payment or defaults;
  • Prior disputes, evictions, or material breaches of tenancy agreements.

No adverse inference shall be drawn from prior tenancy information unless such information is credible, lawful, relevant, and proportionate to the risk being assessed.

The Platform does not independently investigate private tenancy disputes and shall rely on lawfully available records or voluntary disclosures only.

3.7 No Guarantee or Certification Clause

Tenant screening conducted under this Policy does not constitute a guarantee, certification, or warranty regarding the character, conduct, legality, or future behavior of any Applicant.

Final acceptance, rejection, or conditional approval of any Applicant shall remain subject to:

  • Property owner or licensor discretion;
  • Housing society or estate rules;
  • Police or statutory approvals; and
  • Applicable Laws in force at the relevant time.

3.8 Data Protection and Consent

All personal data collected for screening purposes shall be processed in accordance with the Digital Personal Data Protection Act, 2025, the Platform’s Privacy Policy, and Applicable Laws.

Applicants retain all statutory rights relating to access, correction, withdrawal of consent, and grievance redressal, subject to lawful limitations.

4. Visitor Restrictions and Prohibited Conduct

4.1 Access Restrictions

Visitors shall not be permitted in Shared Premises under any circumstances.

Unauthorized entry shall be treated as trespass.

4.2 Prohibition of Illegal Substances

Possession, consumption, storage, or distribution of illegal drugs, narcotics, or banned substances is strictly prohibited.

Any violation shall be reported to authorities where required.

4.3 Conduct Towards Staff and Management

Visitors shall not engage in abusive, disrespectful, threatening, or inappropriate behaviour towards:

a. Staff;
b. Security personnel;
c. Management;
d. Service providers.

Misconduct shall attract immediate removal and penalties.

4.4 Smoking and Alcohol Consumption

Smoking and alcohol consumption shall be permitted only where expressly allowed by law and property rules.

Such activities must be conducted discreetly and without disturbing others.

Public nuisance, littering, or disorderly conduct is prohibited.

5. Liability for Loss, Theft, and Damage

5.1 Liability for Property Damage

The Licensee shall be fully liable for any damage caused by Visitors to:

a. Property;
b. Fixtures;
c. Furniture;
d. Common areas;
e. Utilities.

Repair and replacement costs shall be recoverable from the Licensee.

The Platform may deduct such costs from security deposits.

5.2 Liability for Personal Loss or Theft

The Platform, Licensor, and property owner shall not be responsible for:

a. Loss;
b. Theft;
c. Damage;
d. Misplacement

of Visitor or Resident belongings.

All personal belongings remain at the sole risk of the Licensee and Visitor.

5.3 Insurance Disclaimer

The Platform does not provide insurance coverage for Visitor-related losses.

Licensees are advised to arrange personal insurance, where necessary.

5.5 Limitation of Platform Responsibility

The Applicant understands and agrees that the Platform acts solely as a technology intermediary and facilitator and does not guarantee acceptance, approval, or allotment of any accommodation.

Final decisions regarding acceptance, rejection, or continuation of occupancy may rest with property owners, licensors, housing societies, or statutory authorities, subject to Applicable Laws.

5.6 Binding Nature of Declarations

All consents, declarations, warranties, and undertakings provided under this Section shall be legally binding, enforceable, and shall survive rejection, cancellation, or termination of the Applicant’s engagement with the Platform to the extent required by law.

6. Resident Responsibility and Accountability

Every Resident hosting or permitting a Visitor shall be fully and exclusively responsible for:

a. Conduct and behaviour of the Visitor;
b. Compliance with this Policy;
c. Damages caused to property or third parties;
d. Breach of laws or regulations; and
e. Nuisance or disturbance created.

The Platform and Licensor shall not be liable for any acts, omissions, or misconduct of Visitors.

Residents shall indemnify and hold harmless the Platform, Licensor, and property owners against all claims arising from Visitor conduct.

7. Registration and Security Protocols

7.1 Visitors may be required to:

a. Submit valid government-issued identification;
b. Register entry and exit details;
c. Comply with access control procedures; and
d. Undergo security screening.

Failure to comply with security requirements may result in denial of entry.

The Platform reserves the right to share Visitor information with authorities when legally required.

8. Prohibited Activities

8.1 Visitors shall not engage in:

a. Illegal, immoral, or unlawful activities;
b. Consumption or possession of prohibited substances;
c. Harassment, intimidation, or misconduct;
d. Commercial or business activities;
e. Disturbance of peace;
f. Damage to property;
g. Unauthorized overnight stays.

Any such conduct shall attract immediate remedial action.

9. No Guarantee of Acceptance

9.1 No Automatic or Implied Right of Acceptance

The Applicant expressly acknowledges and agrees that the mere act of:

a) Submitting an application;
b) Uploading documents or information;
c) Paying any application fee, service fee, booking amount, deposit, or advance;
d) Completing identity, background, financial, or police verification;

shall not, by itself or cumulatively, confer any automatic, vested, accrued, or enforceable right to acceptance, allotment, onboarding, or occupancy of any accommodation listed or facilitated through the Platform.

All applications are processed on a conditional and provisional basis, subject to final approval in accordance with this Policy, applicable laws, property-specific requirements, and third-party approvals.

9.2 No Representation, Warranty, or Assurance

The Platform expressly disclaims any representation, warranty, assurance, or promise—whether express or implied—regarding:

a) Selection or acceptance of an Applicant;
b) Availability of any specific property, room, or accommodation;
c) Approval by property owners, housing societies, or authorities;
d) Completion of onboarding within any specific timeline.

Any communications, notifications, acknowledgments, system-generated messages, or status updates issued by the Platform shall be construed as procedural or informational only, and shall not amount to a confirmation of acceptance unless expressly stated as “Final Approval” in writing.

9.3 Third-Party and External Dependencies

Acceptance and onboarding may be contingent upon factors beyond the Platform’s control, including but not limited to:

a) Property owner or lessor approval;
b) Housing society or estate management consent;
c) Police or statutory verification outcomes;
d) Local municipal, zoning, or regulatory restrictions;
e) Safety, security, or risk-management considerations.

The Platform shall not be liable for rejection, delay, or non-acceptance arising from any such third-party or statutory dependency.

9.4 No Consumer or Contractual Claim

The Applicant expressly waives any claim, demand, or cause of action against the Platform alleging:

a) Deficiency of service;
b) Unfair trade practice;
c) Promissory estoppel;
d) Legitimate expectation;

solely on the ground that acceptance or accommodation was not granted after submission of documents or payment.

Any refund, adjustment, or forfeiture shall be governed strictly by the applicable Booking, Cancellation & Refund Policy, read with the Terms of Use and User Agreement, and not by this clause.

9.5 Intermediary and Risk Allocation Clarification

The Platform functions solely as a technology-enabled intermediary and facilitator, and does not act as:

a) A guarantor of accommodation;
b) A decision-maker on behalf of property owners;
c) An adjudicating or regulatory authority.

All risks associated with non-acceptance, rejection, or delay in onboarding are knowingly and voluntarily assumed by the Applicant, subject to Applicable Laws.

9.4 No Consumer or Contractual Claim

The Applicant expressly waives any claim, demand, or cause of action against the Platform alleging:

a) Deficiency of service;
b) Unfair trade practice;
c) Promissory estoppel;
d) Legitimate expectation;

solely on the ground that acceptance or accommodation was not granted after submission of documents or payment.

Any refund, adjustment, or forfeiture shall be governed strictly by the applicable Booking, Cancellation & Refund Policy, read with the Terms of Use and User Agreement, and not by this clause.

10. Record Retention

10.1 Purpose and Scope of Retention

All records, documents, data sets, and verification outputs generated, collected, or processed by the Platform in connection with tenant screening, verification, onboarding, or selection (collectively, “Verification Records”) shall be retained strictly on a need-to-retain basis.

Verification Records shall be retained only to the extent and for the duration necessary to:

a) Comply with Applicable Laws, statutory requirements, judicial orders, or directions issued by competent authorities;
b) Satisfy obligations under the Information Technology Act, 2000 and rules made thereunder;
c) Fulfil obligations under the Digital Personal Data Protection Act, 2025, including lawful purpose and storage limitation principles;
d) Enable resolution of disputes, claims, complaints, audits, investigations, or enforcement proceedings;
e) Protect the legitimate legal interests of the Platform, property owners, or other stakeholders.

10.2 Retention Period Determination

The applicable retention period for different categories of Verification Records shall be determined in accordance with:

a) Statutory retention timelines prescribed under Applicable Laws;
b) Contractual obligations under platform policies, user agreements, or property-specific arrangements;
c) The Platform’s Data Retention & Deletion Policy, as amended from time to time;
d) The nature, sensitivity, and risk profile of the data concerned.

Where no specific statutory or contractual retention period is prescribed, the Platform shall retain such records only for such minimum duration as is reasonably necessary to fulfil the purposes for which the data was collected.

10.3 Secure Storage During Retention

During the retention period, all Verification Records shall be stored using reasonable and appropriate technical and organizational safeguards, including but not limited to:

a) Access control mechanisms;
b) Role-based authorization;
c) Encryption and secure storage practices;
d) Audit trails and logging, where appropriate.

Access to Verification Records shall be restricted strictly to authorized personnel, service providers, or entities having a lawful and legitimate need to access such data.

10.4 Deletion, Anonymization, and Destruction

Upon expiry of the applicable retention period, and subject to there being no continuing legal, regulatory, or contractual requirement to retain the data, the Platform shall ensure that Verification Records are:

a) Securely deleted; or
b) Irreversibly anonymized; or
c) Destroyed in a manner that prevents reconstruction, re-identification, or unauthorized access.

Deletion or destruction shall be carried out in accordance with industry-accepted data-security standards and the Platform’s internal information-security protocols.

10.5 Exceptions and Legal Holds

Notwithstanding anything contained herein, the Platform may retain Verification Records beyond the standard retention period where:

a) Required to comply with a lawful order, notice, or direction issued by a court, tribunal, law-enforcement agency, or statutory authority;
b) Necessary for the establishment, exercise, or defence of legal claims;
c) Required to prevent fraud, misuse, or unlawful activity.

Such extended retention shall be limited strictly to the scope and duration required for the specific purpose.

10.6 No Applicant Ownership Over Retention Decisions

The Applicant acknowledges and agrees that decisions relating to record retention, deletion, or destruction shall be governed by Applicable Laws and the Platform’s policies, and not by unilateral requests or preferences of the Applicant, except where expressly mandated by law.

10.7 Compliance and Audit Readiness

The Platform shall maintain appropriate documentation and internal controls to demonstrate compliance with its record-retention obligations, including for the purposes of audits, regulatory inspections, or legal proceedings.

11. Limitation of Liability

11.1 Platform Status and Scope of Responsibility

The Platform functions strictly as a technology-enabled intermediary and facilitator, providing tools for discovery, verification, screening, and onboarding of Applicants, and does not act as a landlord, licensor, real-estate broker, guarantor, or insurer of tenancy outcomes, unless expressly stated in writing.

Accordingly, the Platform shall not be liable, whether directly or indirectly, for any decision, action, or outcome arising from or connected with:

a) Decisions taken on the basis of information, documents, or representations submitted by Applicants;
b) Decisions taken on the basis of verification reports, background checks, police verification results, or publicly available records obtained through lawful means;
c) Independent decisions taken by property owners, licensors, housing societies, estate management bodies, or resident associations;
d) Lawful rejection, conditional approval, deferment, or termination of an Applicant’s application or occupancy.

11.2 No Liability for Accuracy or Outcomes of Verification

While the Platform undertakes reasonable efforts to facilitate verification and screening, it does not warrant or guarantee that:

a) Verification results are exhaustive, error-free, or fully up to date;
b) Background or antecedent checks will reveal all past conduct, disputes, or legal history;
c) An Applicant accepted after screening will not subsequently engage in unlawful, unsafe, or undesirable conduct.

The Platform shall not be liable for any loss, damage, injury, inconvenience, or harm arising from reliance on verification outcomes, except to the extent mandated by Applicable Law.

11.3 Acts and Omissions of Third Parties

The Platform shall not be responsible or liable for any act, omission, negligence, default, misconduct, or breach committed by:

a) Property owners or licensors;
b) Housing societies or estate management bodies;
c) Other residents or occupants;
d) Third-party verification agencies or service providers acting independently;
e) Government authorities, police departments, or statutory bodies.

Any dispute arising between an Applicant and such third parties shall be resolved directly between the concerned parties, without recourse to the Platform, except where the Platform is legally required to assist.

11.4 Exclusion of Indirect and Consequential Damages

To the maximum extent permitted under Applicable Law, the Platform shall not be liable for any:

a) Indirect, incidental, consequential, special, or punitive damages;
b) Loss of opportunity, loss of reputation, loss of income, or loss of prospective accommodation;
c) Emotional distress, mental anguish, or inconvenience arising from rejection, delay, or termination.

11.5 Applicant’s Statutory and Legal Responsibility

Applicants remain solely and exclusively responsible for:

a) Compliance with Applicable Laws, including tenancy laws, police verification requirements, immigration laws (where applicable), and local regulations;
b) Truthfulness, accuracy, and completeness of all information and documents submitted;
c) Compliance with property rules, society by-laws, and conditions of occupancy.

Any adverse consequence arising from an Applicant’s failure to comply with such obligations shall be borne entirely by the Applicant.

11.6 Indemnity

The Applicant agrees to indemnify, defend, and hold harmless the Platform, its affiliates, directors, officers, employees, and agents from and against any claims, losses, liabilities, penalties, damages, costs, or expenses (including reasonable legal fees) arising out of:

a) Submission of false, misleading, or incomplete information;
b) Violation of Applicable Laws or platform policies;
c) Breach of representations, declarations, or undertakings made by the Applicant;
d) Claims raised by third parties as a result of the Applicant’s conduct.

11.7 Statutory Carve-Out

Nothing contained in this Policy shall exclude or limit liability to the extent such exclusion or limitation is expressly prohibited under Applicable Law, including mandatory consumer protection provisions or statutory obligations.

11.8 Intermediary Safe-Harbour

This limitation of liability clause shall be read harmoniously with the Platform’s intermediary protections under Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended.

12. Policy Modification

12.1 Right to Amend, Update, or Replace

The Platform reserves the unrestricted right, at its sole discretion and subject to Applicable Law, to modify, amend, update, supplement, replace, or withdraw this Tenant Screening and Selection Policy, in whole or in part, at any time.

Such modifications may be undertaken to reflect, inter alia:

a) Changes in Applicable Laws, regulations, judicial precedents, or governmental directives;
b) Updates in business models, operational practices, or risk-management frameworks;
c) Technological, security, or data-protection enhancements;
d) Industry best practices or compliance requirements.

12.2 Mode of Publication and Notice

Any modification to this Policy shall be made effective upon:

a) Publication of the revised Policy on the Platform’s website or mobile application; or
b) Electronic notification to users through the Platform, email, or in-app communication, where deemed appropriate.

The Platform is not required to provide individual or prior notice of every modification, unless such notice is expressly mandated under Applicable Law.

12.3 Acceptance Through Continued Use

Continued access to, use of, or interaction with the Platform after the effective date of a revised Policy shall constitute:

a) Deemed acceptance of the modified Policy; and
b) Binding agreement to be governed by the revised terms, without reservation.

If any Applicant or user does not agree with the modified Policy, their sole remedy shall be to discontinue use of the Platform and refrain from submitting or continuing any application.

12.4 Prospective Application

Unless expressly stated otherwise, modifications to this Policy shall operate prospectively and shall not affect rights or obligations that have already accrued prior to the effective date of modification.

12.5 Version Control and Supremacy

The latest version of this Policy, as published on the Platform, shall supersede all prior versions, drafts, or representations, whether oral or written.

In the event of any inconsistency between this Policy and any earlier version, the most recently published version shall prevail.

12.6 Electronic Record and Enforceability

This Policy and all modifications thereto constitute an electronic record under the Information Technology Act, 2000 and are enforceable as a valid electronic contract under the Indian Contract Act, 1872.

13. Governing Law and Jurisdiction

13.1 Governing Law

Subject to Applicable Law, the courts and tribunals situated at Kolkata, West Bengal, shall have exclusive jurisdiction over all disputes, claims, proceedings, or matters arising out of or in connection with this Policy, including but not limited to:

a) Interpretation or enforcement of this Policy;
b) Screening, selection, rejection, or termination decisions;
c) Data processing, verification, or compliance actions;
d) Alleged breach, misrepresentation, or misuse of the Platform.

The Applicant expressly agrees that no other court or forum shall have jurisdiction, notwithstanding the location of the Applicant, property, or transaction, except where jurisdiction is mandatorily conferred by statute.

13.2 Electronic Contract Recognition

This Policy constitutes a valid and legally binding electronic contract under the Information Technology Act, 2000 and the Indian Contract Act, 1872.

Consent provided through electronic means, including clicking “I ACCEPT”, continued use of the Platform, or submission of an application, shall be deemed lawful, informed, and enforceable consent for the purposes of this Policy.

13.3 Severability and Statutory Override

If any provision of this Policy is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed or read down to the minimum extent necessary, without affecting the validity or enforceability of the remaining provisions.

Nothing contained herein shall override mandatory statutory rights or remedies available to Applicants under Applicable Law.

13.4 Finality

This Governing Law and Jurisdiction clause shall survive termination, rejection, or completion of any application or occupancy, and shall remain binding upon the Applicant.

14. Contact Us / Grievance Redressal Contact

14.1 Grievance Communication

For any grievance, clarification, communication, or correspondence relating to fines, penalties, payments, policies, or services, the Licensee may contact the Licensor at the following official contact point:

IVY Nest Apartments
Email: grievance@ivynestapartments.com

All communications shall be made electronically, and responses shall be issued within reasonable timeframes as per internal grievance redressal protocols and applicable laws.

This contact mechanism is provided in compliance with the Consumer Protection (E-Commerce) Rules, 2020 and shall not be construed as admission of liability or waiver of any rights of the Licensor.