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Incident Reporting and Investigation Procedure Policy
Place: Kolkata, West Bengal, India
Last Updated On: Saturday, 20 December 2025
Legal Nature of the Document
This Incident Reporting and Investigation Procedure Policy (“Policy”) is an electronic record within the meaning of the Information Technology Act, 2000, and the rules framed thereunder, as amended from time to time.
This Policy is generated, stored, and published by a computer system and does not require any physical, wet-ink, or digital signature. The absence of such signature shall not affect the authenticity, validity, or enforceability of this Policy.
This Policy constitutes a legally binding and enforceable set of terms governing emergency response protocols, safety assistance, and incident management measures facilitated by IVY Nest Apartments through its digital platform and associated services.
By accessing, registering on, or using the IVY Nest Apartments digital platform, website, mobile application, or related services (“Platform”), the User expressly agrees to be bound by this Policy.
The User’s acceptance of this Policy through electronic means, including click-wrap, browse-wrap, or continued use of the Platform or services, shall constitute valid consent under:
(a) the Information Technology Act, 2000;
(b) the Indian Contract Act, 1872;
(c) the Consumer Protection Act, 2019; and
(d) any other applicable laws governing electronic contracts and service facilitation.
This Policy is intended solely to define emergency response procedures and support mechanisms. It does not create any obligation on IVY Nest Apartments to act as a medical service provider, emergency responder, law-enforcement authority, disaster management authority, or insurer.
Nothing contained in this Policy shall be construed as assuming or transferring any statutory duties or liabilities vested in government authorities, local bodies, hospitals, police, fire services, disaster management authorities, or other competent agencies.
This Policy shall be read in conjunction with the Terms of Use, Customer Service and Support Policy, Grievance Redressal Policy, Privacy Policy, Booking and Cancellation Policy, and other applicable IVY Nest Apartments policies. In case of any inconsistency, the Terms of Use shall prevail.
By clicking on the “I ACCEPT” or “ACCEPT & CONTINUE” button on the digital interface of the Ivy Nest platform, the user (“User”) expressly consents to be legally bound by this Policy, along with all other applicable terms, conditions, policies, and guidelines of Ivy Nest Apartments.
If the User does not agree with any provision of this Policy or any related policy, the User is advised not to access, register on, or avail any services offered through the Ivy Nest digital platform.
About Ivy Nest Apartments
Ivy Nest Apartments (“Ivy Nest”, “Company”, “we”, “us”, or “our”) is engaged in providing residential accommodation and rental solutions through a technology-enabled digital platform / online portal to intending occupiers and/or licensees.
Customer Categories Served
The platform caters to a diverse range of users, including but not limited to:
Types of Spaces Offered
Through its platform and affiliated listings, Ivy Nest facilitates access to:
OTA Functionality
In addition to accommodation facilitation, Ivy Nest also operates as an Online Travel Agency (OTA) by:
All onboarding, verification, booking, and service interactions are conducted entirely through electronic and digital means, ensuring convenience, transparency, scalability, and choice.
1. Purpose of the Policy
1.1. The primary purpose of this Incident Reporting and Investigation Procedure Policy (“Policy”) is to establish a uniform, transparent, and legally compliant framework for the identification, reporting, assessment, investigation, documentation, and resolution of incidents arising in connection with properties, services, digital systems, or operations facilitated through the IVY Nest Apartments platform (“Platform”).
1.2. This Policy is intended to:
(a) ensure the safety, security, and well-being of Users, occupants, guests, property partners, vendors, and other stakeholders associated with the Platform;
(b) provide a structured and accessible reporting mechanism enabling timely communication of incidents, risks, or irregularities;
(c) enable objective, impartial, and proportionate investigation of reported incidents, consistent with principles of natural justice and due process;
(d) facilitate early risk identification and mitigation, including prevention of recurrence through corrective and preventive measures;
(e) ensure compliance with applicable Indian laws, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2025, the Consumer Protection Act, 2019, and applicable state and municipal regulations;
(f) preserve and protect documentary, electronic, and digital evidence in a lawful and secure manner;
(g) safeguard the confidentiality and integrity of personal data and sensitive information processed during incident handling;
(h) define and reinforce the limited and intermediary role of IVY Nest Apartments, clarifying that the Platform acts as a technology-enabled facilitator and not as a law-enforcement agency, adjudicatory authority, or emergency response service;
(i) promote accountability, transparency, and consistency in incident handling across all listed properties and service channels, including OTA-integrated bookings;
(j) protect the legal, reputational, and operational interests of IVY Nest Apartments by ensuring incidents are handled in a manner that is fair, documented, auditable, and defensible under judicial or regulatory scrutiny.
1.3. This Policy is further designed to support:
(a) cooperation with law-enforcement agencies, regulatory authorities, and emergency services, where legally required;
(b) compliance with industry best practices relating to risk management, safety governance, and platform accountability;
(c) continuous improvement of platform standards through incident trend analysis and systemic review, without creating any additional duty of care beyond what is mandated under applicable law.
1.4. Nothing contained in this Policy shall be construed as:
(a) a guarantee of incident prevention, resolution, or specific outcome;
(b) an assumption of liability by IVY Nest Apartments for acts or omissions of third parties, property owners, occupants, or service providers; or
(c) a waiver of any rights, defenses, or limitations available to IVY Nest Apartments under law or contract.
2. Scope and Applicability
2.1. This Incident Reporting and Investigation Procedure Policy (“Policy”) governs the reporting, assessment, investigation, documentation, response, and closure of incidents arising in connection with the use of, access to, or services facilitated through the IVY Nest Apartments digital platform, website, mobile application, and related technology-enabled systems (collectively, the “Platform”).
2.2. This Policy applies to, without limitation:
(a) all Users, including prospective users, registered users, account holders, occupants, licensees, guests, and invitees who access or use the Platform;
(b) all property owners, landlords, licensors, lessors, property managers, and accommodation partners whose properties are listed, promoted, or made available through the Platform;
(c) all vendors, service providers, contractors, facility managers, housekeeping staff, security personnel, maintenance providers, and other third parties engaged in connection with properties or services facilitated through the Platform;
(d) all employees, consultants, agents, and authorized representatives of IVY Nest Apartments acting within the scope of their engagement;
(e) all bookings, reservations, stays, services, communications, and transactions, whether undertaken directly through the Platform or via integrated Online Travel Agency (OTA) channels.
2.3. This Policy covers incidents including, but not limited to:
(a) safety, security, health, or medical incidents affecting Users or property personnel;
(b) property-related incidents, including damage, fire, electrical hazards, structural issues, sanitation failures, or utility disruptions;
(c) misconduct, harassment, abuse, violence, discrimination, or unlawful behaviour by or against any User or third party;
(d) cyber, data security, or privacy-related incidents, including unauthorized access, data breach, or misuse of personal data;
(e) booking, payment, access, or service-related disputes involving allegations of fraud, misrepresentation, or material non-compliance;
(f) regulatory, municipal, or statutory incidents involving inspections, notices, or enforcement actions, to the extent reported to or involving the Platform;
(g) any other event or circumstance that may reasonably pose a risk to life, property, personal data, public order, or the lawful operation of the Platform.
2.4. This Policy applies irrespective of:
(a) whether the incident occurs on-premises at a listed property, during a stay, check-in, or check-out process;
(b) whether the incident occurs off-platform but arises directly from a booking, service, or interaction facilitated through the Platform;
(c) whether the incident is reported during or after the completion of a stay or service.
2.5. This Policy shall operate in conjunction with and must be read together with the following policies and agreements, as amended from time to time:
(a) Terms of Use / Terms and Conditions;
(b) User Agreement / Platform Access Agreement;
(c) Privacy Policy;
(d) Data Retention and Deletion Policy;
(e) Grievance Redressal Policy;
(f) Emergency Response Policy;
(g) Booking, Cancellation and Refund Policy;
(h) OTA-Specific Disclosure Policy.
In the event of any inconsistency, the Terms of Use and applicable statutory provisions shall prevail.
2.6. Nothing contained in this Policy shall:
(a) create an employer-employee, agency, partnership, joint venture, or fiduciary relationship between IVY Nest Apartments and any User, property owner, or third party;
(b) be construed as IVY Nest Apartments assuming the role of a law-enforcement agency, emergency responder, medical provider, or adjudicatory authority;
(c) limit or override the right or obligation of any person to directly report an incident to local police, emergency services, medical authorities, or regulatory bodies, as required by law.
2.7. IVY Nest Apartments reserves the right to decline, suspend, or limit investigation under this Policy where:
(a) the incident falls outside the scope of Platform facilitation;
(b) the matter is sub judice or under investigation by a competent authority, except for internal record-keeping or cooperation purposes;
(c) reporting is frivolous, malicious, anonymous without substantiation, or in bad faith;
(d) handling the incident would violate applicable law or regulatory directions.
2.8. This Policy applies without prejudice to:
(a) any contractual rights or remedies available to IVY Nest Apartments or any party under applicable agreements;
(b) statutory rights, remedies, or obligations under Indian law;
(c) IVY Nest Apartments’ right to take platform-level actions, including suspension, restriction, or termination of access, in accordance with applicable policies and law.
3. Definitions
For the purposes of this Incident Reporting and Investigation Procedure Policy (“Policy”), unless the context otherwise requires, the following capitalised terms shall have the meanings assigned to them below. Terms not defined herein shall have the meanings ascribed to them under the Terms of Use, Privacy Policy, or applicable law.
3.1. “Applicable Law(s)” means all statutes, enactments, rules, regulations, notifications, circulars, guidelines, orders, judgments, and directives having the force of law in India, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2025, the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, the Indian Penal Code / Bharatiya Nyaya Sanhita (as applicable), local municipal laws, and any amendments thereto.
3.2. “Company”, “IVY Nest”, “IVY Nest Apartments”, “Platform”, “we”, “us”, or “our” means IVY Nest Apartments, its proprietors, affiliates, successors, and assigns, operating a technology-enabled digital platform for facilitating accommodation and rental services.
3.3. “Platform” means the IVY Nest Apartments website, mobile application, software systems, APIs, communication interfaces, dashboards, and any other digital or electronic medium through which services are offered, listings are displayed, or bookings are facilitated.
3.4. “User” means any individual or legal entity that accesses, browses, registers on, interacts with, or uses the Platform, including prospective users, registered users, occupants, licensees, guests, invitees, or persons booking accommodation through the Platform or its integrated OTA channels.
3.5. “Property Partner” or “Accommodation Partner” means any property owner, landlord, licensor, lessor, operator, property manager, or authorized representative whose accommodation, premises, or space is listed, promoted, or made available for booking through the Platform.
3.6. “Vendor” or “Service Provider” means any third party engaged by IVY Nest Apartments or a Property Partner to provide ancillary services, including but not limited to housekeeping, maintenance, security, technology support, payment processing, or facility management.
3.7. “Incident” means any actual, alleged, suspected, or reported event, occurrence, act, omission, or circumstance that:
(a) causes or has the potential to cause harm, injury, loss, or damage to any person or property;
(b) involves safety, security, health, medical, or emergency concerns;
(c) involves misconduct, harassment, abuse, violence, discrimination, or unlawful behaviour;
(d) involves data security, privacy breach, unauthorized access, or misuse of personal data;
(e) results in disruption of services, utilities, or access; or
(f) may reasonably expose the Platform, Users, or Property Partners to legal, regulatory, reputational, or operational risk.
3.8. “Emergency” means an Incident that poses an immediate or imminent threat to life, health, safety, property, public order, or data security and requires urgent response, including but not limited to medical emergencies, fire, natural disasters, criminal acts, or severe infrastructure failures.
3.9. “Incident Report” means any written, electronic, oral, or digital communication submitted by a User, Property Partner, Vendor, or any other person to the Company reporting an Incident, whether through the Platform, email, helpline, or other designated reporting channels.
3.10. “Investigation” means the internal fact-finding, review, verification, documentation, and assessment process undertaken by the Company in relation to a reported Incident, limited to Platform-facilitated interactions and without assuming any law-enforcement or adjudicatory function.
3.11. “Personal Data” means any data about an individual who is identifiable by or in relation to such data, as defined under the Digital Personal Data Protection Act, 2025, including sensitive or special category data where applicable.
3.12. “Data Breach” means any unauthorized access, disclosure, acquisition, loss, alteration, or destruction of Personal Data processed in connection with the Platform, whether accidental or unlawful.
3.13. “Confidential Information” means any non-public information, records, communications, reports, evidence, data, or materials disclosed or generated during the incident reporting or investigation process, including Personal Data, business information, or proprietary platform information.
3.14. “Law Enforcement Authority” means any police authority, investigative agency, regulatory body, judicial authority, or statutory authority empowered under Applicable Law to investigate, inquire, or take action in relation to an Incident.
3.15. “Resolution” means the closure of an Incident Report following completion of internal review, communication of outcomes (where permissible), implementation of remedial measures (if any), or referral to appropriate external authorities.
3.16. “Good Faith” means honesty in fact, absence of malice, and a genuine intention to report or address an Incident without abuse of process or intent to harass, defame, or mislead.
3.17. “False or Malicious Report” means an Incident Report made with knowledge of its falsity, material misrepresentation, or intent to cause harm, harassment, or undue advantage, and may attract appropriate action in accordance with Applicable Law and Platform policies.
3.18. “Business Day” means any day other than a Saturday, Sunday, or public holiday recognized in Kolkata, West Bengal, India.
4. Platform Role and Limitation
4.1. Technology Intermediary Status
IVY Nest Apartments operates solely as a technology-enabled digital intermediary and facilitator, providing an online platform to enable Users to discover, compare, and book accommodation options offered by independent Property Partners. The Platform does not own, possess, control, manage, operate, supervise, or maintain any listed accommodation, unless expressly stated in writing.
4.2. No Landlord, Broker, or Agent Relationship
Nothing contained in this Policy or on the Platform shall be construed as creating any landlord-tenant relationship, agency, partnership, joint venture, employment, brokerage, or fiduciary relationship between IVY Nest Apartments and any User, Property Partner, Vendor, or third party. All occupancy, licensing, and stay-related obligations arise solely between the User and the respective Property Partner.
4.3. Limited Role in Incident Handling
The Company’s role in incident reporting and investigation is strictly limited to:
(a) receiving Incident Reports submitted through designated channels;
(b) conducting a preliminary, non-adjudicatory review of Platform-related information;
(c) facilitating communication between relevant parties, where appropriate; and
(d) maintaining records for compliance, audit, and legal purposes.
The Company does not conduct criminal investigations, enforce laws, impose penalties, or determine guilt or liability.
4.4. No Substitution for Law Enforcement or Emergency Services
IVY Nest Apartments is not a law-enforcement authority, emergency responder, medical provider, disaster management agency, or regulatory body. Users are advised and obligated to contact appropriate emergency services, law-enforcement authorities, hospitals, or government agencies directly in cases involving immediate risk to life, health, safety, or property.
4.5. No Guarantee of Outcomes
The Company does not guarantee any specific outcome, resolution, compensation, or remedial action arising from an Incident Report. Any assistance provided by the Platform is on a best-effort basis and subject to information availability, legal constraints, and cooperation of third parties.
4.6. Reliance on User-Provided Information
All incident handling and internal reviews are based on information, documents, or representations provided by Users, Property Partners, Vendors, or third parties. IVY Nest Apartments does not independently verify factual accuracy unless legally required and shall not be liable for inaccuracies, omissions, or misrepresentations in such information.
4.7. Third-Party Acts and Omissions
The Company shall not be responsible or liable for any acts, omissions, negligence, misconduct, or non-compliance of Property Partners, Users, Vendors, guests, or other third parties, whether occurring on or off the Platform, including within accommodation premises.
4.8. Platform Access and Enforcement Rights
Without prejudice to its intermediary status, IVY Nest Apartments reserves the right, in compliance with Applicable Laws and Platform policies, to:
(a) restrict, suspend, or terminate access to the Platform;
(b) delist properties or disable user accounts;
(c) cooperate with lawful requests from competent authorities; and
(d) preserve or disclose information where legally mandated.
4.9. No Waiver of Statutory Rights
Nothing in this Policy shall limit or exclude any non-waivable rights available to Users under Applicable Laws, including consumer protection or data protection statutes.
4.10. Safe Harbour Protection
This Policy is issued in accordance with Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Company claims intermediary safe-harbour protection to the fullest extent permissible under law.
5. Incident Reporting Mechanism
5.1. Purpose of Incident Reporting
The Incident Reporting Mechanism is established to enable Users and relevant stakeholders to formally notify IVY Nest Apartments of incidents that may affect user safety, service integrity, regulatory compliance, or Platform operations, and to facilitate appropriate preliminary review and coordination in accordance with Applicable Laws.
5.2. Who May Report an Incident
An Incident Report may be submitted by:
(a) registered or unregistered Users;
(b) occupants, licensees, or guests;
(c) Property Partners or Vendors;
(d) authorized representatives acting on behalf of affected persons; or
(e) any individual directly impacted by or having material knowledge of the Incident.
5.3. Modes of Reporting
Incidents may be reported through one or more of the following designated channels:
(a) email to the official grievance or incident reporting address notified on the Platform;
(b) in-Platform reporting tools or support ticket systems, where available;
(c) customer support communication channels specified in the Customer Service and Support Policy; or
(d) any other mode expressly notified by IVY Nest Apartments from time to time.
5.4. Information Required in an Incident Report
To enable effective handling, the reporting party is encouraged to provide, to the extent reasonably possible:
(a) name and contact details of the reporting person;
(b) booking reference number or property identification, where applicable;
(c) date, time, and location of the Incident;
(d) nature and description of the Incident;
(e) identities of persons involved, if known;
(f) supporting documents, photographs, videos, or communications, if available; and
(g) details of any immediate action already taken, including contact with emergency services or authorities.
Submission of false, misleading, or malicious information may attract appropriate action under Platform policies and Applicable Laws.
5.5. Acknowledgement of Receipt
Upon receipt of an Incident Report, IVY Nest Apartments shall issue an acknowledgement within a reasonable timeframe, subject to system availability and completeness of information provided. Such acknowledgement shall not be construed as admission of liability, fault, or responsibility.
5.6. Categorisation and Prioritisation
Incident Reports may be categorised based on severity, including but not limited to:
(a) emergencies involving immediate risk to life, health, or property;
(b) safety or security concerns;
(c) service-related or operational issues;
(d) alleged misconduct or policy violations; or
(e) regulatory or compliance-related matters.
Priority handling may be accorded to high-risk or safety-critical incidents.
5.7. Emergency Reporting Disclaimer
Users are expressly advised that the Incident Reporting Mechanism is not a substitute for emergency services. In cases involving immediate danger or criminal activity, Users must contact local emergency services or law-enforcement authorities directly. IVY Nest Apartments shall not be liable for delays arising from reliance on the Platform instead of emergency responders.
5.8. Confidentiality and Data Protection
All Incident Reports and related information shall be handled in accordance with the Privacy Policy and applicable data protection laws, including the Digital Personal Data Protection Act, 2025. Access to incident data shall be restricted to authorized personnel on a need-to-know basis.
5.9. No Assurance of Specific Outcomes
Submission of an Incident Report does not guarantee any specific action, resolution, compensation, or remedial measure. All responses are subject to verification, legal permissibility, and cooperation of third parties.
5.10. Right to Reject or Close Reports
IVY Nest Apartments reserves the right to reject, close, or discontinue handling of Incident Reports that are:
(a) anonymous and unverifiable;
(b) incomplete despite reasonable requests for clarification;
(c) outside the scope of the Platform;
(d) frivolous, repetitive, or malicious; or
(e) already under investigation by competent authorities.
5.11. Record Retention
Incident Reports and related records shall be retained in accordance with the Company’s Data Retention and Deletion Policy and Applicable Laws, and may be preserved or disclosed where legally required.
6. Incident Categorisation and Severity Assessment
6.1. Objective of Categorisation and Assessment
The purpose of incident categorisation and severity assessment is to ensure that reported incidents are evaluated in a structured, proportionate, and consistent manner, enabling timely prioritisation, lawful response, and appropriate coordination, while maintaining IVY Nest Apartments’ role as a technology intermediary and service facilitator.
6.2. Preliminary Review and Classification
Upon receipt of an Incident Report under Clause 5, IVY Nest Apartments may conduct a preliminary review to classify the incident based on information reasonably available at the time. Such classification is undertaken solely for internal administrative, risk-management, and coordination purposes and shall not constitute a factual finding, legal determination, or admission of responsibility.
6.3. Incident Categories
Incidents may be categorised, without limitation, into one or more of the following classes:
(a) Emergency and Life-Threatening Incidents
Incidents involving immediate risk to life, serious bodily injury, fire, explosion, structural collapse, gas leakage, severe medical emergencies, or any situation requiring urgent intervention by emergency services.
(b) Safety and Security Incidents
Incidents involving threats to personal safety, unlawful entry, physical altercations, theft, harassment, vandalism, or other security-related concerns occurring at or in connection with a listed property.
(c) Service and Operational Incidents
Incidents relating to service disruption, denial of check-in, accommodation unavailability, maintenance failures, hygiene concerns, or deviation from booking terms.
(d) Behavioural and Policy Violation Incidents
Incidents involving alleged breach of Platform policies, house rules, acceptable use standards, or user conduct obligations by Users, guests, property partners, or vendors.
(e) Data Protection and Cybersecurity Incidents
Incidents involving suspected unauthorised access, data breach, system misuse, or compromise of personal or sensitive data processed through the Platform.
(f) Regulatory, Legal, or Compliance-Related Incidents
Incidents involving alleged violations of Applicable Laws, government notices, court orders, or matters requiring legal or regulatory attention.
6.4. Severity Levels
Each Incident may be assigned a severity level based on potential impact, urgency, and risk, including:
(a) Critical Severity – Immediate threat to life, safety, or major property damage, requiring urgent escalation and external authority involvement;
(b) High Severity – Significant safety, security, or compliance risk requiring prompt action;
(c) Medium Severity – Operational or service issues causing material inconvenience but no immediate danger;
(d) Low Severity – Minor issues with limited impact, suitable for routine handling.
6.5. Assessment Criteria
Severity assessment may take into account, inter alia:
(a) immediacy and magnitude of risk;
(b) number of persons affected;
(c) potential legal or regulatory consequences;
(d) availability of corroborating information;
(e) whether the incident is ongoing or resolved; and
(f) dependency on third-party action or authority intervention.
6.6. Dynamic Re-Assessment
Incident categorisation and severity assessment may be revised at any stage if new information becomes available. IVY Nest Apartments reserves the right to upgrade or downgrade severity levels in good faith, based on evolving circumstances.
6.7. No Adjudicatory Function
IVY Nest Apartments does not act as an investigating agency, law-enforcement authority, or adjudicatory body. Categorisation and severity assessment are administrative in nature and shall not be treated as a conclusive finding of fault, liability, or wrongdoing.
6.8. User Cooperation Requirement
Users and reporting parties are expected to cooperate by providing accurate, timely, and complete information to facilitate proper categorisation. Failure to do so may limit the Platform’s ability to assess or respond effectively.
6.9. Alignment with Applicable Laws
Incident categorisation and severity assessment shall be carried out in compliance with Applicable Laws, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2025, and consumer protection regulations.
6.10. Internal Documentation
All categorisation decisions and severity assessments shall be internally documented for compliance, audit, and record-keeping purposes, subject to data minimisation and confidentiality obligations.
7. Investigation Procedure
7.1. Purpose of Investigation
The investigation procedure is intended to enable IVY Nest Apartments (“Company”, “IVY Nest”, or “Platform”) to review reported incidents in a structured, proportionate, and lawful manner for the limited purposes of internal assessment, service continuity, risk mitigation, and policy compliance, without assuming any adjudicatory, policing, or enforcement role.
7.2. Trigger for Investigation
An investigation may be initiated upon:
(a) receipt of a valid Incident Report under Clause 5;
(b) identification of a Critical or High Severity Incident under Clause 6;
(c) receipt of a lawful notice, complaint, or directive from a competent authority; or
(d) detection of potential policy violations or systemic risks through Platform monitoring mechanisms.
7.3. Nature and Scope of Investigation
Any investigation conducted by IVY Nest Apartments shall:
(a) be limited in scope to information reasonably necessary for assessment;
(b) be administrative and fact-gathering in nature;
(c) not constitute a criminal, quasi-judicial, or disciplinary inquiry; and
(d) not replace or interfere with investigations conducted by law enforcement or regulatory authorities.
7.4. Information Collection
For investigation purposes, IVY Nest Apartments may, subject to Applicable Law and data protection principles:
(a) review information submitted by reporting parties;
(b) examine relevant booking records, transaction logs, and Platform interaction data;
(c) request clarifications or additional information from Users, property partners, or vendors;
(d) review communications exchanged through official Platform channels; and
(e) consider publicly available or voluntarily shared information relevant to the incident.
7.5. Data Protection and Minimisation
All information accessed or processed during an investigation shall:
(a) be handled in accordance with the Digital Personal Data Protection Act, 2025;
(b) be limited to what is necessary for the stated purpose;
(c) be accessed only by authorised personnel; and
(d) be retained only for the duration required for lawful resolution and compliance.
7.6. Third-Party and Authority Coordination
Where appropriate, IVY Nest Apartments may:
(a) advise affected Users to approach local emergency services or authorities;
(b) cooperate with lawful requests from competent government or law enforcement agencies; and
(c) share information strictly in accordance with Applicable Law and valid legal process.
7.7. No Determination of Liability
Investigations conducted under this Policy shall not:
(a) determine guilt, fault, negligence, or liability;
(b) substitute contractual, statutory, or judicial remedies; or
(c) be treated as final findings for legal or evidentiary purposes.
7.8. User Cooperation and Conduct
Users, property partners, and vendors involved in an investigation are expected to:
(a) provide truthful and accurate information;
(b) refrain from misrepresentation, suppression, or fabrication of facts; and
(c) comply with reasonable information requests.
Non-cooperation or misuse of the investigation process may result in action under applicable Platform policies.
7.9. Outcome Documentation
Upon completion of an investigation, IVY Nest Apartments may internally document:
(a) the nature of the incident;
(b) information reviewed;
(c) actions taken or recommended; and
(d) any follow-up measures, where applicable.
Such documentation is maintained for internal compliance, audit, and risk management purposes only.
7.10. Reservation of Rights
IVY Nest Apartments reserves the right to:
(a) suspend, limit, or terminate an investigation at its discretion;
(b) take appropriate action under its Terms of Use or related policies; and
(c) refer matters to competent authorities where legally required.
8. Escalation and External Reporting
8.1. Purpose of Escalation
The escalation and external reporting framework is intended to ensure that incidents of heightened risk, legal significance, or regulatory relevance are addressed responsibly, proportionately, and in compliance with Applicable Law, without IVY Nest Apartments (“Company”, “IVY Nest”, or “Platform”) assuming the role of a law-enforcement agency, regulatory authority, or adjudicatory body.
8.2. Internal Escalation Criteria
An incident may be escalated internally within IVY Nest Apartments where:
(a) the incident is classified as High Severity or Critical Severity under Clause 6;
(b) there exists a credible risk to life, health, safety, or property;
(c) repeated or systemic complaints indicate potential structural or compliance concerns;
(d) there is a reasonable likelihood of regulatory, legal, or reputational exposure; or
(e) senior management intervention is required for policy enforcement or risk mitigation.
8.3. Internal Escalation Process
Upon escalation, the incident may be reviewed by designated senior personnel or an internal escalation committee, which may:
(a) review investigation findings under Clause 7;
(b) determine interim risk-mitigation steps;
(c) recommend temporary Platform measures, including listing suspension or access restrictions; and
(d) assess whether external reporting is legally mandated or advisable.
8.4. External Reporting to Authorities
IVY Nest Apartments may, where required or permitted by law:
(a) report incidents to appropriate law-enforcement, emergency services, regulatory bodies, or statutory authorities;
(b) comply with lawful directions, notices, summons, or court orders; and
(c) disclose information strictly in accordance with Applicable Law and due legal process.
8.5. Mandatory Reporting Obligations
External reporting may be undertaken where:
(a) reporting is mandated under applicable criminal, safety, public health, or municipal laws;
(b) a lawful order or directive is issued by a competent authority; or
(c) non-reporting would result in legal non-compliance or statutory breach.
8.6. User-Initiated External Reporting
Nothing in this Policy shall restrict or prevent Users, occupants, guests, property partners, or vendors from independently reporting incidents to:
(a) local police or emergency services;
(b) municipal or regulatory authorities; or
(c) appropriate judicial or administrative forums.
IVY Nest Apartments does not require prior consent or notification for such reporting.
8.7. Information Sharing Safeguards
Any information shared externally shall:
(a) be limited to what is legally required and proportionate;
(b) comply with the Digital Personal Data Protection Act, 2025;
(c) be disclosed only to authorised entities; and
(d) be documented internally for compliance and audit purposes.
8.8. No Representation or Advocacy
IVY Nest Apartments shall not:
(a) represent any User, property partner, or third party before authorities;
(b) provide legal opinions, advocacy, or guarantees; or
(c) influence or interfere with official investigations or proceedings.
8.9. No Admission of Liability
Escalation or external reporting by IVY Nest Apartments:
(a) does not constitute an admission of fault, negligence, or liability;
(b) shall not be construed as endorsement of allegations; and
(c) is undertaken solely to comply with legal obligations and risk-management responsibilities.
8.10. Reservation of Rights
IVY Nest Apartments reserves the right to:
(a) determine the necessity, timing, and manner of escalation;
(b) modify escalation thresholds in accordance with Applicable Law and operational needs; and
(c) take appropriate action under its Terms of Use, Grievance Redressal Policy, or other Platform policies.
9. Corrective and Preventive Actions
9.1. Objective of Corrective and Preventive Actions (CAPA)
The purpose of corrective and preventive actions is to mitigate identified risks, prevent recurrence of incidents, enhance user safety, and ensure compliance with Applicable Laws, without IVY Nest Apartments (“Company”, “IVY Nest”, or “Platform”) assuming any adjudicatory, enforcement, or supervisory role over Users, property partners, or third parties.
9.2. Trigger for Corrective Action
Corrective actions may be initiated where:
(a) an incident has been substantiated following investigation under Clause 7;
(b) material non-compliance with Platform policies is identified;
(c) repeated complaints indicate systemic deficiencies;
(d) a safety, security, or compliance risk is reasonably foreseeable; or
(e) remedial measures are required pursuant to internal escalation under Clause 8.
9.3. Nature of Corrective Actions
Depending on the severity, nature, and context of the incident, IVY Nest Apartments may undertake one or more of the following actions:
(a) issuance of advisories, warnings, or compliance notices to concerned Users or property partners;
(b) requirement of documented corrective steps by property partners (e.g., safety measures, hygiene improvements, access controls);
(c) temporary suspension or restriction of listings, accounts, or Platform access;
(d) delisting or termination of association in cases of material or repeated breach;
(e) modification of operational processes or Platform workflows; and
(f) referral to appropriate authorities where mandated under law.
9.4. Preventive Measures
Preventive actions may include, without limitation:
(a) enhancement of onboarding verification procedures;
(b) updating safety, compliance, or operational guidelines;
(c) deployment of technological controls, alerts, or monitoring mechanisms;
(d) periodic policy reviews and risk assessments;
(e) user education through notices, FAQs, or platform communications; and
(f) improvement of reporting and escalation channels.
9.5. No Guarantee of Risk Elimination
IVY Nest Apartments does not warrant or guarantee that corrective or preventive actions will eliminate all risks, incidents, or disputes. Such actions are undertaken on a best-effort basis, subject to the Platform’s limited role as a technology intermediary and facilitator.
9.6. User and Partner Cooperation
Users, occupants, guests, and property partners agree to:
(a) cooperate in implementing reasonable corrective measures;
(b) provide accurate information when requested; and
(c) refrain from obstructing or misusing the corrective process.
Failure to cooperate may result in Platform action in accordance with applicable policies.
9.7. Non-Adjudicatory Nature
Corrective and preventive actions taken by IVY Nest Apartments:
(a) are administrative and preventive in nature;
(b) do not constitute findings of guilt, negligence, or liability; and
(c) shall not prejudice the rights of any party to pursue remedies under Applicable Law.
9.8. Documentation and Audit Trail
All corrective and preventive actions shall be:
(a) documented internally for compliance and audit purposes;
(b) retained in accordance with applicable data retention laws and Platform policies; and
(c) accessible only to authorised personnel.
9.9. Reservation of Rights
IVY Nest Apartments reserves the right to:
(a) determine the appropriateness and scope of corrective and preventive actions;
(b) revise or withdraw such actions based on new information or legal developments; and
(c) modify CAPA frameworks in line with Applicable Laws, regulatory guidance, and operational requirements.
10. Data Protection and Confidentiality
10.1. Commitment to Data Protection
IVY Nest Apartments (“Company”, “IVY Nest”, or “Platform”) is committed to safeguarding personal data, sensitive information, and confidential records collected or processed in connection with incident reporting, investigation, corrective action, and related support services, in accordance with the Digital Personal Data Protection Act, 2025, the Information Technology Act, 2000, and applicable rules thereunder.
10.2. Nature of Data Collected
Data processed under this Policy may include, where applicable:
(a) identity and contact details of Users, occupants, guests, or reporters;
(b) booking references and property details;
(c) incident descriptions, supporting documents, photographs, audio, or video submissions;
(d) communications exchanged during reporting or investigation; and
(e) internal notes, timestamps, and system-generated logs.
Such data shall be collected strictly on a need-to-know and purpose-limitation basis.
10.3. Purpose Limitation and Lawful Use
All data collected under this Policy shall be:
(a) processed solely for incident management, compliance assessment, user safety, and operational improvement;
(b) used in a manner consistent with the Platform’s Privacy Policy; and
(c) retained only for the duration necessary to fulfil statutory, contractual, or legitimate business purposes.
10.4. Confidentiality Obligations
All incident-related information shall be treated as confidential. IVY Nest Apartments shall not disclose such information except:
(a) to authorised internal personnel on a strict need-to-know basis;
(b) to service providers or consultants bound by confidentiality obligations;
(c) where disclosure is required under Applicable Law, court order, or regulatory direction; or
(d) where necessary to protect life, safety, or prevent imminent harm.
10.5. No Public Disclosure
Users and property partners are expressly advised that:
(a) incident records and communications are not public documents;
(b) unauthorised publication, social media dissemination, or third-party sharing may violate privacy and confidentiality obligations; and
(c) IVY Nest Apartments shall not be responsible for reputational or legal consequences arising from such unauthorised disclosures.
10.6. Data Security Safeguards
The Platform implements reasonable technical and organisational measures, including access controls, encryption (where applicable), and audit logs, to protect data against unauthorised access, alteration, loss, or misuse, consistent with industry standards and statutory requirements.
10.7. Data Sharing with Authorities
Where legally mandated, IVY Nest Apartments may share relevant information with law enforcement, regulatory bodies, or emergency services. Such disclosure shall be limited to the extent required by law and shall not amount to endorsement, certification, or determination of liability.
10.8. User Rights
Data principals may exercise their rights under the DPDP Act, 2025, including the right to access, correction, and grievance redressal, subject to lawful exemptions relating to investigations, legal proceedings, or regulatory compliance.
10.9. Data Retention and Deletion
Incident-related data shall be retained only for such period as is necessary for:
(a) completion of internal review or corrective actions;
(b) compliance with legal or regulatory obligations; or
(c) defence of legal claims, if any,
after which such data shall be securely deleted or anonymised in accordance with the Platform’s Data Retention Policy.
10.10. No Assumption of Fiduciary or Investigative Role
Nothing in this clause shall be construed as:
(a) creating a fiduciary, investigative, or law-enforcement obligation on IVY Nest Apartments; or
(b) imposing a duty to verify, certify, or adjudicate the accuracy or truthfulness of incident data.
The Platform acts strictly as a technology intermediary and facilitator.
11. Policy Modification, Review, and Version Control
11.1. Right to Modify the Policy
IVY Nest Apartments (“Company”, “IVY Nest”, or “Platform”) reserves the unilateral right to amend, modify, update, suspend, or replace this Incident Reporting and Investigation Procedure Policy, in whole or in part, at any time, in its sole discretion, to reflect:
(a) changes in applicable laws, regulations, or judicial directions;
(b) updates to internal operational practices or risk-management frameworks;
(c) technological, security, or platform-level enhancements;
(d) feedback from audits, compliance reviews, or regulatory authorities; or
(e) business, safety, or user-experience considerations.
11.2. No Requirement of Prior Consent
Any modification to this Policy shall not require individual prior notice or express consent from Users, property partners, or other stakeholders, provided such modifications are published or made accessible through the Platform or associated digital interfaces.
11.3. Effective Date of Modifications
Unless expressly stated otherwise, all modifications shall become effective immediately upon publication on the IVY Nest Apartments website, mobile application, or platform interface, and shall apply prospectively from such effective date.
11.4. User Responsibility to Review
Users are responsible for periodically reviewing the latest version of this Policy. Continued access to or use of the Platform, services, or participation in incident reporting mechanisms after the effective date of any modification shall constitute deemed acceptance of the revised Policy.
11.5. Version Control and Record Maintenance
IVY Nest Apartments may maintain version history, internal change logs, or archival copies of previous versions of this Policy for compliance, audit, or legal purposes. The Platform shall not be obligated to retain or provide prior versions to Users unless required by Applicable Law.
11.6. No Retrospective Effect
Modifications to this Policy shall not ordinarily operate retrospectively to alter rights or obligations arising from incidents reported or actions completed prior to the effective date of such modifications, except where required by law or regulatory mandate.
11.7. Consistency with Other Policies
Any modification under this clause shall be interpreted harmoniously with other applicable IVY Nest Apartments policies, including but not limited to:
In the event of any inconsistency, the Terms of Use shall prevail, unless otherwise mandated by law.
11.8. No Waiver of Rights
Failure or delay by IVY Nest Apartments to enforce any provision of this Policy or any modification thereto shall not be construed as a waiver of such provision or any other rights available under law or contract.
11.9. Regulatory Supremacy
Notwithstanding anything contained herein, this Policy and any modification thereto shall always remain subject to overriding provisions of applicable Indian laws, statutory rules, and binding judicial or regulatory directions.
11.10. Severability
If any provision of this Policy or any modification thereof is held to be invalid, unlawful, or unenforceable by a competent authority, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
12. Governing Law and Jurisdiction
12.1. This Policy shall be governed by and construed in accordance with the laws of India.
12.2. Courts at Kolkata, West Bengal, India, shall have exclusive jurisdiction over any disputes arising under this Policy.
13. Contact and Grievance Redressal
13.1. Grievance Contact
For any grievance, complaint, or clarification relating to this Agreement or services provided through the Platform, the Vendor or User may contact:
IVY Nest Apartments
Email: grievance@ivynestapartments.com
The grievance shall be addressed in accordance with the Company’s Grievance Redressal Policy and applicable statutory timelines under the Consumer Protection (E-Commerce) Rules, 2020 and the Digital Personal Data Protection Act, 2025.