Terms & Conditions

TENANT SCREENING AND SELECTION POLICY

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

Legal Nature and Electronic Execution

This Tenant Screening and Selection Policy (“Policy”) governs the framework, criteria, process, and safeguards adopted by Ivy Nest Apartments (“Platform”, “Company”, “Licensor”, “We”, “Us”) for screening, evaluating, selecting, or rejecting prospective tenants, licensees, occupants, or users (“Applicants / Licensees”) seeking accommodation through its digital platform.

This Policy forms an integral part of and shall be read in conjunction with the Terms of Use, Privacy Policy, User Agreement, Rent Payment Policy, Security Deposit Policy, and other applicable platform policies.

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.

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 Legal Position

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’s role is strictly limited to facilitation and technological enablement and shall be construed in accordance with the intermediary safe-harbour provisions under the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended.

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. Applicability

2.1 Scope of Application

This Tenant Screening and Selection Policy (“Policy”) shall apply to all individuals, applicants, users, occupants, prospective licensees, and intending residents (collectively, “Applicants”) who seek, access, apply for, or are considered for residential accommodation or stay arrangements facilitated, listed, or enabled through the Ivy Nest Apartments digital Platform, including but not limited to the following categories of accommodation and use-cases:

a. Paying Guest (PG) accommodations, whether single occupancy or shared arrangements;
b. Residential rental apartments or flats, offered on a leave and license, tenancy, or similar lawful basis;
c. Co-living spaces and shared housing arrangements, including room-sharing and community living models;
d. Short-term stays, including temporary accommodation, transit stays, and flexible-duration bookings;
e. Long-term stays, including extended residential occupation beyond minimum stay thresholds;
f. Workation stays, combining residential accommodation with remote or flexible working use; and
g. Vacation or leisure stays, where residential units are offered for non-permanent habitation through the Platform.

This Policy shall apply irrespective of the mode of booking, whether online, mobile application–based, subscription-based, or otherwise digitally facilitated through the Platform.

2.2 Universal and Non-Discriminatory Application

Subject always to Applicable Law, this Policy shall apply uniformly to all Applicants without unlawful discrimination, including but not limited to distinctions based on:

• Nationality or citizenship status;
• Gender identity or expression;
• Marital status;
• Profession, occupation, or employment category;
• Duration of stay (short-term, medium-term, or long-term); or
• Mode or frequency of Platform usage.

Nothing in this Policy shall be interpreted as permitting discrimination that is prohibited under the Constitution of India, applicable human rights principles, or any anti-discrimination laws in force.

2.3 Lawful Restrictions and Mandatory Compliance

Notwithstanding Clause 3.2 above, the applicability and implementation of this Policy shall remain subject to lawful restrictions, conditions, or exclusions arising from:

a. Applicable central, state, or local laws, including tenancy laws, rent control statutes, foreigner registration rules, and public order regulations;
b. Police verification, tenant verification, or statutory reporting requirements, as mandated by competent authorities;
c. Housing society, association, estate, or building management rules and by-laws, lawfully enforced;
d. Property-specific eligibility criteria imposed by owners or licensors, provided such criteria are lawful and disclosed; and
e. Safety, security, public order, or regulatory considerations, including restrictions applicable to certain locations, zones, or categories of occupants.

Where any conflict arises between this Policy and mandatory legal or regulatory requirements, the applicable law shall prevail to the extent of such inconsistency.

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. Tenant Screening Parameters

3.1 General Principle

Tenant screening conducted through the Platform shall be lawful, proportionate, purpose-limited, and non-discriminatory, and shall be undertaken solely for the purposes of safety, legal compliance, risk assessment, and suitability of occupancy, and not for any unlawful, arbitrary, or exclusionary objective.

Screening shall be carried out only to the extent permitted under Applicable Laws, and subject to the informed consent of the Applicant, wherever such consent is required.

3.2 Identity Verification

The Platform may require Applicants to submit valid government-issued identity documents for the purposes of establishing identity, nationality, and lawful presence, including but not limited to:

• Aadhaar Card;
• Passport (Indian or foreign, where applicable);
• Permanent Account Number (PAN);
• Voter Identity Card;
• Any other officially valid document recognized under Applicable Laws.

Identity verification may include photograph matching, selfie-based verification, or similar digital authentication processes to ensure that the Applicant is the lawful holder of the submitted identity document.

Applicants may be required to submit current and permanent address proof, including utility bills, bank statements, employer letters, or government records, for address validation and statutory compliance.

The Platform does not guarantee the absolute accuracy of identity verification and shall rely on information submitted, represented, or authorized by the Applicant and/or verified through lawful third-party or government-enabled systems.

3.3 Background and Antecedent Checks

Where required by law, property owners, housing societies, or local authorities, the Platform may facilitate or require police verification or tenant verification, either digitally or through designated authorities.

Subject to Applicable Laws, the Platform may conduct or facilitate criminal antecedent screening limited strictly to:

• Information lawfully available in the public domain;
• Disclosures made by the Applicant; and
• Records accessible through lawful judicial or government sources.

The Platform may verify Applicant details against publicly available judicial records, including court databases, to the extent legally permissible, solely for risk assessment and compliance purposes.

No Applicant shall be denied accommodation solely on the basis of arrest records, unproven allegations, or matters not resulting in lawful conviction, unless such information is mandatorily disqualifying under Applicable Law or poses demonstrable safety or legal risk.

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. Data Collection and Protection

4.1 Statutory and Policy Compliance

All personal data, documents, records, identifiers, and information collected, processed, stored, shared, or otherwise handled during the tenant screening and selection process shall be processed strictly in accordance with:

• The Information Technology Act, 2000, including rules framed thereunder;
• The Digital Personal Data Protection Act, 2025 (formerly DPDP Act, 2023);
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended; and
• The Platform’s duly published and applicable Privacy Policy, Data Retention Policy, and other related internal compliance frameworks.

The Platform acts as a data fiduciary or data processor, as applicable, only for the limited and defined purposes set out under this Policy and shall not assume any ownership rights over the personal data of Applicants.

4.2 Purpose Limitation and Lawful Processing

Personal data shall be collected only for lawful, specific, explicit, and legitimate purposes, which may include, without limitation:

• Verification of identity, address, and eligibility of Applicants;
• Tenant screening and risk assessment;
• Compliance with police verification, municipal, housing society, or statutory requirements;
• Safety, security, and risk-mitigation of properties, occupants, and stakeholders;
• Prevention of fraud, impersonation, or misuse of the Platform; and
• Compliance with Applicable Laws, lawful directions, or court orders.

No personal data shall be collected or processed for any purpose that is unrelated, excessive, disproportionate, or incompatible with the above stated objectives.

Processing of personal data shall be based on valid consent, lawful obligation, or legitimate use, as recognized under the Digital Personal Data Protection Act, 2025.

4.3 Data Minimization and Accuracy

The Platform shall follow the principle of data minimization, collecting only such data as is reasonably necessary for tenant screening and onboarding.

Applicants are responsible for ensuring that the personal data and documents submitted by them are true, accurate, complete, and up to date.

The Platform shall not be liable for errors, omissions, or inaccuracies arising from false, misleading, incomplete, or outdated information provided by Applicants or third parties.

4.4 Storage, Access Control, and Security Safeguards

The Platform shall implement reasonable security safeguards, including administrative, technical, and organizational measures, to protect personal data against:

• Unauthorized access;
• Accidental or unlawful disclosure;
• Alteration, destruction, or loss;
• Misuse, theft, or compromise.

Access to personal data shall be restricted strictly on a need-to-know basis and shall be available only to authorized personnel, service providers, or partners who are bound by confidentiality and data-protection obligations.

Where data is processed or stored through third-party service providers or verification partners, the Platform shall ensure that such entities maintain reasonable data-protection standards consistent with Applicable Laws.

4.5 Data Sharing and Disclosure

Personal data collected during screening may be shared only to the extent strictly necessary with:

• Property owners or licensors;
• Housing societies or estate management authorities;
• Lawfully authorized verification agencies;
• Government or statutory authorities, pursuant to legal obligation; or
• Courts or law-enforcement agencies under valid legal process.

The Platform shall not sell, rent, trade, or commercially exploit Applicant personal data under any circumstances.

Any data sharing shall be undertaken in compliance with the purpose limitation and consent requirements prescribed under Applicable Laws.

4.6 Data Retention and Deletion

Personal data shall be retained only for such period as is necessary to fulfil the purposes for which it was collected, or as required under Applicable Laws.

Upon completion of the screening process, termination of the Applicant’s relationship with the Platform, or withdrawal of consent (where permissible), the Platform shall delete or anonymize personal data in accordance with its Data Retention & Deletion Policy, unless retention is required by law.

4.7 Applicant Rights

Applicants shall have the rights provided under the Digital Personal Data Protection Act, 2025, including the right to:

• Access their personal data;
• Seek correction or updating of inaccurate data;
• Withdraw consent, subject to lawful limitations; and
• Raise grievances through the Platform’s designated grievance redressal mechanism.

Exercise of such rights shall be subject to verification of identity and compliance with Applicable Laws.

4.8 Limitation of Liability

While the Platform undertakes reasonable safeguards, it does not guarantee absolute security of data and shall not be liable for breaches arising from factors beyond its reasonable control, including cyber-attacks, force majeure events, or acts of third parties not under its control.

The Platform’s liability, if any, in relation to data processing shall be limited to the extent prescribed under Applicable Laws.

5. Consent and Applicant Declarations

5.1 Express Consent and Authorisations

By submitting an application, inquiry, booking request, or registration through the Platform, the Applicant expressly, freely, knowingly, and unconditionally consents to the screening, verification, and assessment processes contemplated under this Policy.

Such consent shall be deemed to include, without limitation, authorization for the Platform to:

a) Conduct identity verification, background checks, and eligibility assessments to the extent permitted under Applicable Laws;

b) Verify documents, credentials, and information submitted by the Applicant, whether directly or through authorized third-party service providers;

c) Access, process, store, and analyze personal data strictly for lawful purposes such as tenant verification, safety, risk assessment, and legal compliance; and

d) Share relevant Applicant information, on a need-to-know basis, with:

• Property owners or licensors;
• Housing societies or estate management authorities;
• Government, municipal, or police authorities where required; and
• Lawfully appointed verification agencies or service providers.

The Applicant acknowledges that such consent is provided electronically and constitutes a valid and enforceable consent under the Information Technology Act, 2000 and the Indian Contract Act, 1872.

5.2 Declaration of Accuracy, Completeness, and Truthfulness

The Applicant hereby declares, warrants, and undertakes that:

a) All information, documents, data, declarations, and representations submitted by the Applicant are true, correct, complete, accurate, and not misleading;

b) No material fact, adverse information, criminal history (where disclosure is legally required), prior eviction, or relevant circumstance has been concealed, suppressed, or misrepresented; and

c) All documents submitted are genuine, valid, lawfully obtained, and belong to the Applicant or are submitted with proper authorization.

The Applicant further agrees to promptly update the Platform of any material change in the information provided, including changes relating to employment, address, identity, legal status, or financial condition.

5.3 Consequences of False or Misleading Information

The Applicant expressly acknowledges and agrees that the submission of any information that is false, misleading, forged, incomplete, inaccurate, suppressed, or misrepresented, whether intentionally or otherwise, shall constitute a material breach of this Policy.

Without prejudice to any other rights available under Applicable Laws, such breach shall entitle the Platform, the property owner, or the licensor to take one or more of the following actions:

a) Immediate rejection of the application or screening process;

b) Cancellation of any provisional or confirmed booking, reservation, or allotment;

c) Termination of tenancy, license, or occupancy, in accordance with law and contractual terms;

d) Forfeiture of security deposits, booking amounts, or other sums, where contractually agreed and legally permissible;

e) Reporting of such misrepresentation to concerned authorities where required by law; and

f) Denial of future access to the Platform or its services.

5.4 No Obligation to Provide Reasons

The Applicant acknowledges that the Platform and/or property owner shall not be obligated to disclose detailed reasons for rejection, cancellation, or termination where such disclosure is restricted by law, contractual confidentiality, security concerns, or third-party obligations.

Nothing in this Policy shall be construed as creating a right to accommodation, tenancy, or occupancy merely by submission of an application or consent to screening.

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. Selection, Conditional Approval, and Rejection

6.1 Platform Discretion and Decision-Making Authority

The Platform, acting strictly in its capacity as a technology-enabled intermediary and facilitator, reserves the absolute right and discretion, subject to Applicable Laws, to:

a) Approve an Applicant for further onboarding or occupancy;

b) Grant conditional approval, subject to fulfillment of additional requirements, safeguards, or verifications; or

c) Reject an Applicant, either temporarily or permanently, without assigning detailed reasons, where disclosure is not mandated by law.

Such decisions may be taken by the Platform independently or in coordination with property owners, licensors, housing societies, estate management authorities, or statutory bodies, as applicable.

The Applicant expressly acknowledges that screening outcomes are not guaranteed and that approval is neither automatic nor assured.

6.2 Conditional Approval

Where deemed appropriate, the Platform may issue a conditional approval, which may include, without limitation, requirements such as:

a) Submission of additional or clarificatory documents;

b) Furnishing a guarantor or enhanced financial security;

c) Completion of police or local authority verification;

d) Execution of supplemental agreements or undertakings;

e) Compliance with property-specific, society-specific, or locality-specific rules.

Failure to satisfy any condition within the prescribed timeframe shall result in automatic withdrawal of conditional approval without further notice or liability.

6.3 Grounds for Rejection

An Applicant may be rejected, declined, or de-prioritized on one or more of the following lawful and non-exhaustive grounds:

a) Failure, inconsistency, or insufficiency in identity, address, or document verification;

b) Adverse background findings or risk indicators revealed during lawful screening;

c) Non-compliance with Platform policies, property rules, or society regulations;

d) Legal, regulatory, zoning, or statutory constraints applicable to the property or Applicant;

e) Capacity limitations, availability constraints, or property owner decisions;

f) Material misrepresentation, concealment, or suppression of facts; or

g) Any circumstance which, in the Platform’s reasonable assessment, poses a safety, security, compliance, or reputational risk.

The Platform shall not be obligated to provide granular or investigative details underlying a rejection decision, particularly where disclosure may:

a) Violate confidentiality obligations;
b) Compromise security or fraud-prevention mechanisms; or
c) Breach Applicable Laws or third-party contractual duties.

6.4 No Vested Right or Entitlement

Submission of an application, expression of interest, upload of documents, payment of any amount, or completion of preliminary formalities shall not create or be construed as creating:

a) Any vested, proprietary, contractual, or equitable right to accommodation;

b) Any guarantee of approval, allotment, or continued occupancy; or

c) Any landlord-tenant, licensor-licensee, agency, or partnership relationship with the Platform.

All bookings, allotments, and occupancies remain subject to successful screening, contractual execution, and ongoing compliance with Platform policies and Applicable Laws.

6.5 Payments and Rejection

In the event of rejection or withdrawal of approval, any refund or forfeiture of amounts paid shall be governed strictly by the Booking, Cancellation, and Refund Policy, applicable agreements, and consumer protection laws.

The Platform shall not be liable for any consequential, incidental, or indirect losses arising from rejection, delay, or non-selection.

6.6 Non-Discrimination Assurance

The Platform affirms that screening and selection decisions are based on lawful, objective, and risk-based criteria and are not discriminatory on prohibited grounds under Applicable Laws.

Nothing in this Policy shall be interpreted as permitting unlawful discrimination or arbitrary exclusion contrary to statutory protections.

6.7 Finality of Decision

Subject to Applicable Laws and statutory remedies, the Platform’s decision regarding selection, conditional approval, or rejection shall be final and binding.

No waiver, relaxation, or exception granted in any individual case shall operate as a precedent or create a legitimate expectation in favor of any Applicant.

7. Non-Discrimination Clause

7.1 Commitment to Lawful Non-Discrimination

The Platform affirms its commitment to conducting tenant screening, selection facilitation, and onboarding processes in a manner that does not unlawfully discriminate, directly or indirectly, against any Applicant on prohibited grounds under Applicable Laws.

Without limitation, the Platform does not engage in unlawful discrimination on the basis of:

a) Religion or faith;
b) Caste or community;
c) Gender or gender identity;
d) Sexual orientation;
e) Marital or familial status;
f) Ethnicity or place of origin.

All screening and facilitation activities are guided by objective, lawful, and risk-based criteria, including safety, compliance, financial capability, and suitability for shared or managed accommodation environments.

7.2 Lawful Preferences and Restrictions

Notwithstanding Clause 8.1, the Applicant expressly acknowledges and agrees that certain lawful preferences, eligibility criteria, or restrictions may apply to specific properties or accommodation categories, including those arising from:

a) Property owners or licensors exercising rights permitted under Applicable Laws;
b) Housing societies, resident welfare associations, or estate management bodies acting within their lawful authority;
c) Statutory, regulatory, zoning, licensing, or local authority requirements;
d) Safety, security, capacity, or operational considerations inherent to shared living, co-living, or managed housing formats.

The Platform shall not be liable for enforcing or facilitating such lawful restrictions, provided they are not prohibited by law and are communicated or applied in a non-arbitrary manner.

7.3 Platform Role and Limitation of Responsibility

The Platform acts solely as a technology intermediary and facilitator and does not independently impose personal, social, or subjective preferences.

Where a restriction or preference originates from a third party (including a property owner, society, or authority), the Platform’s role is limited to disclosure, facilitation, or technical enforcement, without assuming responsibility for the underlying decision, except to the extent mandated by Applicable Laws.

7.4 No Guarantee of Accommodation

Nothing contained in this Clause shall be construed as creating:

a) A right to accommodation;
b) A guarantee of approval or allotment; or
c) An obligation on the Platform to override lawful third-party restrictions.

Each application shall be evaluated independently, and lawful rejection or conditional approval shall not be deemed discriminatory merely by reason of non-selection.

7.5 Statutory Remedies Preserved

Nothing in this Policy shall limit or waive any statutory rights or remedies available to Applicants under Applicable Laws.

Any grievance alleging unlawful discrimination may be raised in accordance with the Platform’s Grievance Redressal Mechanism, without prejudice to statutory forums.

7.6 Interpretation and Severability

This Clause shall be interpreted in a manner consistent with constitutional mandates, statutory protections, and judicial precedents applicable in India.

If any portion of this Clause is held unenforceable by a competent authority, the remaining provisions shall continue to remain valid and enforceable.

8. Police and Statutory Verification

8.1 Mandatory Compliance with Statutory Verification

The Platform affirms its commitment to conducting tenant screening, selection facilitation, and onboarding processes in a manner that does not unlawfully discriminate, directly or indirectly, against any Applicant on prohibited grounds under Applicable Laws.

Where required under Applicable Laws, local police orders, municipal notifications, housing society bye-laws, or directions issued by any competent authority, the Applicant shall be mandatorily required to:

a) Complete police verification in the prescribed form and manner;
b) Submit accurate and complete identity, address, and background documentation to the relevant authority;
c) Cooperate fully with any lawful verification, inspection, or inquiry process.

Such verification requirements may apply, inter alia, to:

a) Tenants and licensees;
b) Paying guests and shared accommodation occupants;
c) Foreign nationals or non-resident occupants (subject to immigration and FRRO/FRO regulations);
d) Short-term, long-term, or workation stays, where legally mandated.

8.2 Platform Facilitation and Limited Role

The Platform may, where technologically feasible and legally permissible:

a) Digitally facilitate submission of police verification forms;
b) Enable document uploads for statutory purposes;
c) Transmit information to authorities or authorized service providers acting on behalf of such authorities.

The Platform does not:

a) Conduct police verification in its own capacity;
b) Certify, approve, or guarantee clearance by law-enforcement agencies;
c) Assume responsibility for delays, rejections, or adverse findings by authorities.

8.3 Applicant Responsibility and Accuracy Obligation

The Applicant represents and warrants that all information and documents submitted for statutory verification are:

a) True, complete, and accurate;
b) Not forged, altered, suppressed, or misleading;
c) Lawfully obtained and valid as on the date of submission.

Any false declaration, misrepresentation, or non-cooperation shall be deemed a material breach of this Policy and the Platform’s contractual framework.

8.4 Consequences of Non-Compliance or Adverse Outcome

Failure to complete mandatory police or statutory verification within prescribed timelines may result in:

a) Denial of application or onboarding;
b) Suspension or conditional continuation of stay;
c) Termination of occupancy or licence, in accordance with Applicable Laws and contractual terms.

Where verification yields adverse findings or statutory disqualification, the Platform and/or property owner shall be entitled to:

a) Reject or cancel the booking;
b) Terminate occupancy without further notice, subject to law;
c) Forfeit deposits or fees, where contractually and legally permissible.

8.5 Data Protection and Disclosure

All personal data processed for police or statutory verification shall be handled strictly in accordance with:

a) The Information Technology Act, 2000;
b) The Digital Personal Data Protection Act, 2025;
c) The Platform’s Privacy Policy.

Disclosure of Applicant data shall be limited to:

a) Law-enforcement agencies;
b) Statutory authorities;
c) Authorized verification service providers;
solely for lawful verification and compliance purposes.

8.6 No Liability for Governmental Action

The Platform shall not be liable for:

a) Rejection, delay, or non-processing of verification by authorities;
b) Actions taken by law-enforcement or statutory bodies;
c) Consequences arising from Applicant non-compliance with legal requirements.

All risks arising from statutory non-compliance shall vest exclusively with the Applicant.

8.7 Continuing Obligation

Police and statutory verification obligations may be ongoing and not limited to initial onboarding.

Applicants shall comply with any subsequent verification requirement arising during the term of occupancy.

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

This Tenant Screening and Selection Policy, including its interpretation, construction, validity, performance, and enforcement, shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

This Policy shall be read in harmony with, and subject to, all Applicable Laws in force in India, including but not limited to:

a) The Information Technology Act, 2000 and rules framed thereunder;
b) The Digital Personal Data Protection Act, 2025;
c) The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020;
d) The Indian Contract Act, 1872;
e) Applicable State tenancy, licensing, and municipal regulations.

13.2 Exclusive Jurisdiction

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.

13.3 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.

13.4 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.

13.5 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
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.