Terms & Conditions

TERMS OF USE

Last Updated: Saturday, 20 December 2025

Place: Kolkata, West Bengal, India

Welcome to https://ivynestapartments.com/ (“Website” / “Platform”).
This Website and the associated mobile applications are owned and operated by Ivy Nest Apartments (“Ivy Nest”, “we”, “us”, or “our”).

By accessing, browsing, registering on, or using the Website, mobile application, or any services offered therein (collectively, the “Services”), you agree to be legally bound by these Terms of Use (“User Agreement”), together with the applicable Privacy Policy and other policies referenced herein.

If this document is not in a language that you understand, you must contact Ivy Nest Apartments at accounts@ivynestapartments.com within 24 (Twenty-Four) hours of receipt. Failure to do so, coupled with your acceptance by clicking the “I ACCEPT” or “ACCEPT & CONTINUE” button, shall be deemed conclusive proof of your understanding and acceptance of this User Agreement.

This User Agreement constitutes an electronic record generated by a computer system and does not require any physical or digital signature, in accordance with the Information Technology Act, 2000, and the rules framed thereunder, as amended from time to time. By electronically accepting this User Agreement, you expressly consent to be bound by all its terms and conditions.

If you do not agree with any provision contained herein, you must immediately discontinue access to the Platform and refrain from availing any Services offered by Ivy Nest Apartments.

1. Agreement to Terms

1.1 Binding Agreement

These Terms of Use constitute a legally binding agreement between you, whether acting personally or on behalf of an entity (“User”, “You”, or “Your”), and Ivy Nest Apartments, doing business as “Ivy Nest Apartments” (“Ivy Nest”, “we”, “us”, or “our”), governing your access to and use of the website https://ivynestapartments.com/, including any associated media forms, media channels, mobile websites, mobile applications, or other digital interfaces related, linked, or otherwise connected thereto (collectively, the “Platform”).

By accessing, browsing, registering on, or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use.

1.2 Non-Acceptance

If you do not agree with all provisions of these Terms of Use, you are expressly prohibited from accessing or using the Platform and must discontinue use immediately.

1.3 Amendments & Incorporation by Reference

Any supplemental terms, policies, guidelines, or documents published on the Platform from time to time are hereby incorporated by reference into these Terms of Use. Ivy Nest Apartments reserves the right, at its sole discretion, to modify or update these Terms at any time. Changes shall be reflected by updating the “Last Updated” date, and you waive any right to receive individual notice of such modifications. Continued use of the Platform following such updates shall constitute deemed acceptance of the revised Terms.

1.4 Jurisdictional Use

The information and services available on the Platform are not intended for distribution or use in any jurisdiction where such use would violate applicable law or require registration or licensing by Ivy Nest Apartments. Users accessing the Platform from other jurisdictions do so on their own initiative and are solely responsible for compliance with applicable local laws.

1.5 Financial Information

Users shall provide financial or payment-related information only after expressly agreeing to these Terms of Use and the associated policies of the Platform.

1.6 Eligibility (Age Requirement)

The Platform is intended solely for individuals who are at least 18 (eighteen) years of age. Persons below 18 years are not permitted to independently access, register on, or use the Platform.

1.7 Minors & Guardianship

References to “you”, “your”, or “user” shall, where applicable, include a parent or legal guardian. Where a minor accesses the Platform, such access shall be deemed to occur under the supervision and responsibility of the parent or legal guardian, who agrees to ensure compliance with these Terms on behalf of the minor.

1.8 Scope of Services & Legal Effect

These Terms of Use, together with the Privacy Policy and other applicable policies, constitute a legally binding agreement governing your access to and participation in the Ivy Nest Apartments Platform, including all digital content, listings, booking interfaces, communication tools, and services made available thereon.

1.9 Nature of Platform & Services

Ivy Nest Apartments operates a digital platform/online portal engaged in providing residential accommodation and rental solutions to intending occupiers and/or licensees. The Platform caters to digital nomads, remote workers, students, working professionals, and community-focused individuals and facilitates access to PG accommodations, rental flats, room-sharing apartments, hostels, co-living spaces, co-working spaces, workation stays, and vacation homes.

Additionally, the Platform functions as an Online Travel Agency (OTA) by aggregating and listing verified accommodation and rental options, enabling users to discover and book stays digitally. All services are provided through a technology-enabled medium, ensuring transparency, convenience, and choice for both short-term and long-term stays.

1.10 User Acknowledgement

You acknowledge that the Platform functions as a venue for the online publication and distribution of information and services. By clicking “I have read and agree to the Terms of Use”, registering, or otherwise using the Platform, you confirm that:

1. you are duly registered where required,
2. you possess the legal authority and capacity to enter into this agreement, and
3. you agree to be bound by these Terms and all documents incorporated herein.

If you do not agree, you must refrain from accessing or using the Platform.

1.11 Legal Capacity

By using the Platform, you expressly represent that you are either:
(i) at least 18 years of age, of sound mind, and legally competent to enter into a binding contract under applicable law; or
(ii) a parent or legal guardian entering into this agreement on behalf of a minor, in which case both the guardian and the minor shall be bound by these Terms.

2. Definitions

For the purposes of these Terms of Use, unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

2.1 Data

“Data” means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalised manner, and are intended to be processed, are being processed, or have been processed in a computer system or computer network. Data may exist in any form, including but not limited to computer printouts, magnetic or optical storage media, punched cards, punched tapes, or data stored internally in the memory of a computer or digital device.

2.2 Information

“Information” includes data, messages, text, images, sounds, voice recordings, codes, computer programs, software, databases, microfilm, computer-generated microfiche, and all other forms of digital or electronic content.

2.3 Password

“Password” means a confidential word, phrase, code, passphrase, secret key, or encryption or decryption credential used to gain authorised access to information, systems, accounts, or services.

2.4 Personal Information

“Personal Information” means any information relating to a natural person which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

2.5 Services

“Services” mean the digital facilitation, listing, aggregation, booking, and provision of residential accommodation and related offerings, including but not limited to residence, lodging, accommodation, housekeeping services, food services, co-living, co-working, workation stays, vacation stays, and other allied services offered through the Platform by Ivy Nest Apartments or through verified third-party service providers.

2.6 Sensitive Personal Data or Information

“Sensitive Personal Data or Information” means such personal information relating to an individual which consists of information relating to:

• 2.6.1. passwords;
• 2.6.2. financial information such as bank account details, credit card or debit card details, or other payment instrument information;
• 2.6.3. physical, physiological, or mental health conditions;
• 2.6.4. sexual orientation;
• 2.6.5. medical records and medical history;
• 2.6.6. biometric information.

Such data shall be collected, processed, stored, and protected strictly in accordance with applicable data protection laws.

3. Intellectual Property Rights

3.1 Ownership

Unless expressly stated otherwise, the Platform is the proprietary property of Ivy Nest Apartments. All source code, databases, functionality, software, website and application designs, text, photographs, graphics, audio, video, trademarks, service marks, logos, and other content available on the Platform (collectively, the “Content” and “Marks”) are owned by, licensed to, or lawfully controlled by Ivy Nest Apartments and are protected by applicable copyright, trademark, and other intellectual property laws in India and internationally.

The Content and Marks are provided on an “AS IS” basis solely for personal and non-commercial use.

3.2 Limited License

Subject to eligibility and compliance with these Terms, you are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform and to download or print portions of the Content solely for your personal, non-commercial use.

All rights not expressly granted herein are reserved by Ivy Nest Apartments.

3.3 Platform Data & Marks

Ivy Nest Apartments owns or holds valid licenses to all Data, Content, and Marks displayed on or made available through the Platform, excluding user-submitted content where applicable.

3.4 Third-Party Rights

Certain trademarks, names, logos, listings, or content appearing on the Platform may belong to third-party property owners, service providers, licensors, or partners. Such intellectual property remains the exclusive property of its respective owners.

3.5 Use Restrictions

Data and Content available on the Platform are provided solely for informational and personal use. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content or Data for commercial purposes without prior written consent from the respective rights holder.

You agree not to:

• remove or alter copyright or proprietary notices;
• bypass or interfere with security features of the Platform;
• circumvent usage or access restrictions.

3.6 License Grant for Platform Access

Subject to these Terms, Ivy Nest Apartments grants you a limited license to reproduce and display Platform Data (excluding software source code) strictly for the purpose of accessing and participating in the Platform.

The Platform may also contain content belonging to other users or licensors, which you shall not copy, modify, publish, transmit, distribute, perform, display, or sell without lawful authorisation.

4. User Representations

4.1 Representations and Warranties

By accessing, registering on, or using the Platform, you represent, warrant, and undertake that:

4.1.1. all information, including registration and booking details, submitted by you shall be true, accurate, current, and complete;

4.1.2. you shall maintain and promptly update such information to ensure its continued accuracy and completeness;

4.1.3. you possess the legal capacity and authority to enter into and comply with these Terms of Use;

4.1.4. you are not a minor under the laws of the jurisdiction in which you reside, or where applicable, are accessing the Platform under lawful parental or guardian supervision as permitted under these Terms;

4.1.5. you shall not access or use the Platform through automated, non-human, or unauthorised means, including bots, scripts, scrapers, or similar technologies;

4.1.6. you shall not use the Platform for any unlawful, fraudulent, misleading, or unauthorised purpose, including any activity prohibited under applicable laws;

4.1.7. your use of the Platform shall not violate any applicable law, regulation, court order, or third-party right.

4.2 Consequences of Breach

If any information provided by you is found to be untrue, inaccurate, outdated, or incomplete, Ivy Nest Apartments reserves the right, without prejudice to other remedies, to suspend or terminate your account, restrict access to the Platform, and refuse current or future use of the Services, in whole or in part.

5. User Registration

5.1 Account Creation and Responsibility

Certain features of the Platform may require you to create an account. You agree to maintain the confidentiality of your login credentials, including your password, and acknowledge that you are solely responsible for all activities conducted through your account.

Ivy Nest Apartments reserves the right, at its sole discretion, to remove, reclaim, or modify any username that is deemed inappropriate, misleading, obscene, offensive, or otherwise objectionable, or that violates applicable law or these Terms of Use.

6. Fees & Payments

6.1 Accepted Payment Methods

The Platform facilitates digital payments for accommodation bookings and related services. Accepted payment methods may include, but are not limited to:

• PayPal
• Discover
• American Express
• Mastercard
• Visa
• RuPay
• UPI

By using any payment method, you agree to be bound by the terms and conditions of the respective third-party payment service providers.

6.2 Pricing, Billing, and Taxes

Certain Services offered through the Platform may require payment of fees, charges, or deposits. You agree to provide accurate, complete, and up-to-date payment and account information for all transactions.

All payments shall be processed through online billing mechanisms. Goods and Services Tax (GST) and any other applicable taxes, duties, or levies shall be added to the price as required under applicable law. Ivy Nest Apartments reserves the right to revise pricing at any time. Unless otherwise stated, all amounts are payable in Indian Rupees (INR).

6.3 Authorization and Recurring Payments

By completing a transaction, you authorise Ivy Nest Apartments to charge your selected payment method for all applicable fees. Where a booking or service involves recurring or scheduled charges, you expressly consent to such recurring debits until you cancel the service in accordance with the applicable cancellation policy.

6.4 Errors, Refusal, and Discretion

Ivy Nest Apartments reserves the right to correct pricing errors or inaccuracies, even after payment has been requested or received, and to issue refunds or additional charges as necessary. We further reserve the right to refuse or cancel any order or booking, in whole or in part, at our sole discretion, subject to applicable law and disclosed policies.

7. Cancellation Policy and Process

7.1 Cancellation & Refund Reference

All cancellations, refunds, and related processes applicable to bookings and services offered through the Platform shall be governed by the Cancellation & Refund Policy, available at:
https://ivynestapartments.com/home/policy_details/refund-&-cancellation-policy

Such policy forms an integral part of these Terms of Use and shall be read in conjunction with them.

7.2 Service Concerns

If you are dissatisfied with any service facilitated through the Platform, you may raise your concern by writing to us at grievance@ivynestapartments.com, in accordance with the applicable grievance and redressal procedures.

8. Prohibited Activities

8.1 Permitted Use

You may access and use the Platform solely for the purposes for which it is made available, namely for discovering, booking, and availing residential accommodation, co-living, co-working, workation, and related services facilitated digitally by Ivy Nest Apartments.
The Platform shall not be used for any commercial purpose unless expressly authorised in writing by Ivy Nest Apartments.

8.2 Prohibited Conduct

As a user of the Platform, you agree that you shall not, directly or indirectly:

8.2.1. systematically retrieve or extract data or content to create or compile databases, directories, or collections without prior written permission;

8.2.2. deceive, defraud, mislead, or attempt to obtain sensitive information, including passwords or payment credentials;

8.2.3. interfere with, bypass, or disable security-related features or access-control mechanisms of the Platform;

8.2.4. disparage, tarnish, or harm the reputation of Ivy Nest Apartments or the Platform;

8.2.5. use Platform information to harass, abuse, or cause harm to any person;

8.2.6. misuse support services or submit false, misleading, or malicious complaints;

8.2.7. use the Platform in violation of any applicable law, regulation, or court order;

8.2.8. frame, mirror, or link to the Platform without authorisation;

8.2.9. upload, transmit, or introduce malware, viruses, Trojan horses, spam, or any disruptive code or content;

8.2.10. engage in automated system use, including bots, scrapers, scripts, or data-mining tools;

8.2.11. remove or alter copyright or proprietary notices;

8.2.12. impersonate any individual, entity, or misrepresent identity;

8.2.13. upload tracking mechanisms such as spyware, web bugs, pixels, or similar devices without authorisation;

8.2.14. disrupt, overload, or impose an unreasonable burden on Platform infrastructure;

8.2.15. harass, threaten, or intimidate employees, agents, hosts, or service providers;

8.2.16. attempt to bypass access restrictions or protective measures;

8.2.17. copy, adapt, or modify Platform software or code;

8.2.18. reverse engineer, decompile, or disassemble any Platform software, except as permitted by law;

8.2.19. deploy unauthorised automated access tools beyond standard browser or search engine use;

8.2.20. use purchasing agents or intermediaries to make bookings without authorisation;

8.2.21. collect user data for unsolicited communications or create accounts under false pretences;

8.2.22. use the Platform to compete with Ivy Nest Apartments or for unauthorised commercial exploitation.

9. User Generated Content & Contributions

9.1 Contributions

The Platform does not ordinarily permit public content posting. However, users may be allowed, at Ivy Nest Apartments’ discretion, to submit feedback, reviews, comments, suggestions, images, or other materials (“Contributions”).

Any Contributions may be visible to other users and third-party platforms and shall be processed in accordance with the Privacy Policy.

By submitting Contributions, you represent and warrant that:

9.1.1. your Contributions do not infringe intellectual property or proprietary rights of any third party;

9.1.2. you possess all necessary rights, permissions, and licences to submit and authorise use of such Contributions;

9.1.3. you have obtained consent from identifiable individuals featured in the Contributions;

9.1.4. the Contributions are accurate and not misleading;

9.1.5. the Contributions are not spam, advertisements, pyramid schemes, or unauthorised solicitations;

9.1.6. the Contributions are not obscene, defamatory, harassing, violent, or otherwise objectionable;

9.1.7. the Contributions do not abuse, ridicule, or intimidate any person;

9.1.8. the Contributions do not threaten, harass, or promote violence;

9.1.9. the Contributions comply with all applicable laws and regulations;

9.1.10. the Contributions do not violate privacy, publicity, or data-protection rights;

9.1.11. the Contributions do not involve child exploitation or unlawful content relating to minors;

9.1.12. the Contributions do not contain discriminatory or hateful remarks;

9.1.13. the Contributions do not otherwise violate these Terms or applicable law.

9.2 Enforcement

Any violation of this section may result in content removal, suspension, or termination of access, without prejudice to other legal remedies available to Ivy Nest Apartments.

10. Contribution License

10.1 Data Processing & Privacy

You acknowledge and agree that Ivy Nest Apartments may access, collect, store, process, and use any information or personal data submitted by you in connection with your use of the Platform, strictly in accordance with the Privacy Policy and your expressed preferences or settings, as applicable.

10.2 Feedback & Suggestions

By submitting any suggestions, feedback, reviews, or recommendations regarding the Platform or Services, you expressly agree that Ivy Nest Apartments may use, reproduce, disclose, and share such feedback for any lawful purpose, whether commercial or non-commercial, without any obligation to compensate you.

10.3 Ownership & Responsibility for Contributions

Ivy Nest Apartments does not claim ownership over user-submitted Contributions. You retain full ownership of your Contributions and all associated intellectual property rights.

You acknowledge and agree that:

• you are solely responsible for all Contributions submitted by you;
• Ivy Nest Apartments shall not be liable for any statements, representations, or content contained in your Contributions; and
• you expressly indemnify, release, and hold harmless Ivy Nest Apartments from any claims, liabilities, or legal actions arising out of or related to your Contributions.

11. Social Media & Third-Party Accounts

11.1 Linking Third-Party Accounts

The Platform may allow you to link your account with third-party service providers, including social networking platforms (“Third-Party Accounts”), either by:
(a) providing login credentials; or
(b) authorising access as permitted under the applicable third-party terms.

You represent and warrant that you have the legal right to disclose such credentials or grant access, without breaching any third-party agreement or imposing obligations on Ivy Nest Apartments.

11.2 Access to Social Network Content

By linking a Third-Party Account, you understand and consent that Ivy Nest Apartments may:

• access, store, and display content shared through such account (“Social Network Content”), including profile information or contact lists; and
• receive additional information as permitted by the third-party provider and your privacy settings.

Availability of such content is subject to the continued operation of the third-party service.

11.3 Third-Party Relationship Disclaimer

Your relationship with any third-party service provider is governed solely by your agreement with that provider. Ivy Nest Apartments has no control over and assumes no responsibility for third-party platforms, services, or content.

11.4 Content Review & Disconnection

Ivy Nest Apartments does not review or verify Social Network Content for legality, accuracy, or infringement and assumes no responsibility for such content.

You may disable the connection between the Platform and your Third-Party Account at any time. Upon disconnection, Ivy Nest Apartments shall make reasonable efforts to delete data obtained from the Third-Party Account, except for information required for account identification such as username or profile image.

12. Submissions

12.1 Ownership & Rights in Submissions

You acknowledge and agree that any questions, comments, ideas, suggestions, feedback, or other communications (“Submissions”) provided by you to Ivy Nest Apartments shall be deemed non-confidential and shall become the exclusive property of Ivy Nest Apartments.

Ivy Nest Apartments shall own all intellectual property rights in such Submissions and may use, reproduce, modify, publish, distribute, or otherwise exploit them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby:

• waive all moral rights in such Submissions; and
• represent and warrant that the Submissions are original or that you possess the necessary rights to submit them.

You agree that no claim or recourse shall lie against Ivy Nest Apartments for any alleged infringement or misappropriation arising from the use of such Submissions.

13. Advertisers

13.1 Advertising Disclaimer & Responsibility

The Platform may permit advertisers to display advertisements, promotional materials, or other information in designated areas of the Platform, including banner spaces, listings, or sidebar placements.

If you are an advertiser, you acknowledge and agree that:

• you bear sole responsibility for the content, accuracy, legality, and compliance of any advertisements placed on the Platform;
• you are solely responsible for any products offered or services provided through such advertisements;
• you represent and warrant that you possess all necessary intellectual property rights, publicity rights, contractual rights, and statutory approvals required to place such advertisements.

Ivy Nest Apartments acts solely as a digital space provider for advertisements and does not endorse, verify, or assume responsibility for any advertiser, advertisement, product, or service. No agency, partnership, joint venture, or fiduciary relationship is created between Ivy Nest Apartments and any advertiser by virtue of such advertising arrangements.

14. Modification to the Terms

14.1 Amendments & Updates

Ivy Nest Apartments reserves the right, at its sole discretion, to amend, modify, update, or replace these Terms of Use and any documents incorporated herein, including for compliance with applicable laws, regulatory requirements, or legitimate business needs.

Any revised Terms shall be published on the Platform at:
https://ivynestapartments.com/home/policy_details/terms-of-use

It is your responsibility to periodically review the Terms of Use. Continued access to or use of the Platform following the publication of amended Terms shall constitute your deemed acceptance of such changes. If you do not agree to the revised Terms, you must immediately discontinue access to and use of the Platform.

15. Site Management

15.1 Monitoring, Enforcement & Platform Control

Ivy Nest Apartments reserves the right, but assumes no obligation, to:

1. monitor the Platform for violations of these Terms of Use or applicable law;
2. take appropriate legal or remedial action, including reporting unlawful activities to law enforcement or regulatory authorities, against any user who violates these Terms or applicable laws;
3. restrict, suspend, disable, or remove access to the Platform or any user-submitted content, in whole or in part, where such content or conduct is deemed unlawful, objectionable, or harmful;
4. remove or disable any files, data, or content that are excessive in size, technically disruptive, or burdensome to Platform systems or infrastructure;
5. otherwise manage and operate the Platform in a manner necessary to safeguard the rights, property, security, and operational integrity of Ivy Nest Apartments, its users, service providers, and partners.

Such actions may be taken without prior notice and without liability, to the extent permitted under applicable law.

16. Membership and Accessibility

16.1 License to Access

Subject to compliance with these Terms of Use, Ivy Nest Apartments grants you a non-exclusive, revocable, limited licence to access and use the Platform solely for its intended purposes.

You expressly agree that you shall:
(a) not copy, distribute, sublicense, or create derivative works of the Platform without prior written consent;
(b) not modify or alter any part of the Platform except as reasonably required for its intended use or as expressly permitted; and
(c) comply with these Terms of Use and all applicable laws in India.

16.2 Membership Eligibility

You represent and warrant that:

• you are at least 18 years of age, or
• you are a parent or legal guardian agreeing to be bound by these Terms on behalf of a minor, and you shall ensure such minor’s compliance.

You further confirm that:
(a) all registration details submitted are accurate and truthful;
(b) such information shall be maintained and updated; and
(c) your use of the Platform and Services does not violate any law or regulation.

Ivy Nest Apartments may terminate your Account without prior notice if it reasonably believes you are in breach of these Terms or applicable law.

16.3 Account Registration & Security

To access certain features, you must create a password-protected account (“Account”) by providing your name, email address, and mobile number. Additional optional information may be provided for service customisation.

You may also register using third-party login credentials where enabled. You are solely responsible for safeguarding all passwords and activities conducted through your Account and must immediately notify Ivy Nest Apartments of any unauthorised access.

You shall not impersonate another user or use another person’s Account without permission.

16.4 Account Liability

You acknowledge that you alone shall be responsible for losses or damages arising from unauthorised Account use. Ivy Nest Apartments shall not be liable for such losses, although you may be liable for losses incurred by Ivy Nest Apartments or third parties.

An Account holder is referred to as a “Registered User.”

16.5 Additional Policies

Your access and participation are subject to these Terms and any additional policies, guidelines, or rules published by Ivy Nest Apartments from time to time, including copyright and platform-specific policies (“Additional Policies”).

Failure to comply may result in Account termination, restriction, damages, or legal action, at Ivy Nest Apartments’ discretion.

16.6 Data Use & Privacy

By using the Platform or mobile application, you authorise Ivy Nest Apartments to process your data in India and other jurisdictions where it operates, strictly in accordance with the Privacy Policy, available at:
https://ivynestapartments.com/home/policy_details/privacy-policy

The Privacy Policy forms an integral part of this User Agreement.

17. Member Conduct

17.1 Prohibited Submitted Content

Users shall not upload, post, transmit, or distribute any content (“Submitted Content”) that:

• misrepresents identity or source;
• exploits or harms minors;
• invades privacy or collects personal data unlawfully;
• is false, misleading, defamatory, obscene, hateful, discriminatory, or violent;
• infringes intellectual property or proprietary rights;
• promotes piracy, fraud, or unlawful activity;
• contains malware, spam, Ponzi schemes, or unsolicited advertising;
• impersonates Ivy Nest Apartments, its employees, hosts, or other users;
• violates Indian anti-discrimination, decency, or child-protection laws.

Ivy Nest Apartments may remove such content without notice.

17.2 Conduct Relating to Services

While using the Platform, you shall not:

• misuse payment, booking, feedback, or rating systems;
• avoid fees or manipulate billing;
• post misleading reviews or personal data;
• disrupt Platform operations or infrastructure.

17.3 Feedback Use

Users must exercise fairness and good judgment when submitting feedback.

Violation may result in:

• removal of feedback;
• restriction or suspension of Account privileges;
• reduction of platform status.

Concerns may be reported to grievance@ivynestapartments.com.

Ivy Nest Apartments reserves the sole right to resolve feedback-related disputes and remove content without liability.

17.4 Platform & Account Policies

You agree that you shall not:

• copy or distribute Platform content without authorisation;
• access the Platform using bots, scrapers, or automated tools;
• harvest user data or misuse Platform communications;
• overload, bypass, or interfere with Platform systems.

Public search engines may index content only for search purposes, subject to revocation by Ivy Nest Apartments.

18. Use of Submitted Content

18.1 Consent for Use of Personal and Sensitive Personal Data

You hereby expressly consent to Ivy Nest Apartments collecting, storing, processing, using, retaining, and lawfully disposing of any personal data or sensitive personal data voluntarily submitted by you through the Platform, strictly for the purposes contemplated under these Terms of Use and the Privacy Policy.

You acknowledge that Ivy Nest Apartments shall not be responsible for verifying the authenticity of any personal or sensitive personal information submitted by you.

18.2 Confidentiality Disclaimer

The Platform may permit the submission of videos, communications, profiles, feedback, reviews, and other user-generated content (“Submitted Content”).
You acknowledge and agree that Ivy Nest Apartments does not guarantee confidentiality with respect to any Submitted Content, whether or not such content is published or visible to other users.

Any Submitted Content authorised by you to be searchable or accessible to Registered Users shall be deemed non-confidential and non-proprietary.

18.3 Disclosure of User Information

Ivy Nest Apartments may disclose personal information or Submitted Content where it reasonably believes such disclosure is necessary to:

(a) comply with any legal process, court order, statutory obligation, or governmental request;
(b) mitigate or defend against actual or potential legal claims;
(c) protect the rights, safety, property, or interests of Ivy Nest Apartments, users, or third parties;
(d) enforce these Terms of Use, including recovery of dues; or
(e) prevent, investigate, or deter fraud or unlawful activity.

18.4 Consent for Communications

By registering on the Platform or submitting your contact details, you expressly authorise Ivy Nest Apartments and its affiliates, partners, or service providers to contact you via call, SMS, email, WhatsApp, or other communication modes for transactional, service-related, informational, or promotional purposes, notwithstanding registration under the National Do Not Call Registry (NDNC).

If you do not wish to receive such communications, you must refrain from submitting your details or may opt out through available mechanisms, subject to applicable law.

18.5 User Representations and Warranties

You acknowledge that you are solely responsible for your Submitted Content and represent and warrant that:

(a) you own or have valid licences, consents, and permissions to submit and authorise use of such content;
(b) you have obtained written consent from all identifiable individuals featured in such content;
(c) you shall bear all royalties, fees, or liabilities arising from your Submitted Content.

18.6 Ownership and Licence Grant

You retain ownership of your Submitted Content. However, by submitting content to the Platform, you grant Ivy Nest Apartments a worldwide, perpetual, non-exclusive, royalty-free, transferable, and sublicensable licence to use, host, reproduce, modify, distribute, translate, display, perform, and create derivative works of such content in connection with the operation, promotion, and improvement of the Platform and Services.

Each Platform user is granted a limited licence to access such content through the Platform, subject to these Terms.

The licence shall terminate upon deletion or removal of the Submitted Content, except to the extent required for legal compliance, record-keeping, or enforcement.

18.7 Technical Processing

You acknowledge that the technical processing and transmission of the Platform and Submitted Content may involve:
(a) transmission over various networks; and
(b) adaptations to meet technical requirements of devices or systems.

18.8 Content Moderation & Disclaimer

Ivy Nest Apartments does not endorse any Submitted Content and disclaims all liability arising from user-generated content.
The Platform reserves the right, at its sole discretion and without prior notice, to remove or restrict any content that violates these Terms, applicable law, or third-party rights, or is otherwise objectionable.

Repeated infringement may result in Account termination.

You agree to indemnify and hold harmless Ivy Nest Apartments from all claims arising from your Submitted Content.

18.9 Suggestions

Any suggestions, ideas, or recommendations submitted by you (“Suggestions”) shall be deemed non-confidential and non-proprietary. You hereby irrevocably assign all rights in such Suggestions to Ivy Nest Apartments, which may use them freely for any lawful purpose without attribution or compensation.

19. Copyright Infringement and Takedown Procedure

19.1 Respect for Intellectual Property

Ivy Nest Apartments respects intellectual property rights and expects users to do the same. Repeated infringement may result in suspension or termination of access to the Platform.

9.2 Notice of Infringement

If you believe that your copyrighted or trademarked work has been infringed on the Platform, please submit a written notice (“Notice”) to:

grievance@ivynestapartments.com

The Notice must include:

(a) identification of the copyrighted or trademarked work claimed to be infringed;
(b) identification of the infringing material with sufficient detail to locate it;
(c) a statement of good-faith belief that the disputed use is unauthorised;
(d) your contact information (address, phone number, email);
(e) your electronic or physical signature; and
(f) a statement, made under penalty of perjury, that the information provided is accurate and that you are the rights owner or authorised agent.

19.3 Reporting Eligibility

Only the intellectual property rights owner or an authorised representative may submit a Notice. If you are not the owner, you must contact the rights holder directly.

20. Modifications to or Termination of the Platform

20.1 Modification, Suspension, or Discontinuation

Ivy Nest Apartments reserves the right, at any time and at its sole discretion, to modify, suspend, restrict, or permanently discontinue the Platform or any part thereof, with or without notice. You acknowledge and agree that Ivy Nest Apartments shall not be liable to you or any third party for any such modification, suspension, or discontinuation of the Platform or Services.

20.2 Termination by Ivy Nest Apartments

Ivy Nest Apartments may, at its sole and absolute discretion, terminate, suspend, or deactivate your Account; block your email address or IP address; remove or disable access to the Platform; or delete any Submitted Content (“Termination of Service”), immediately and without prior notice, for any reason, including but not limited to:

• inactivity of your Account;
• suspected or actual breach of these Terms of Use;
• violation of applicable law or third-party rights.

20.3 Termination Linked to Stay Duration

Where Platform access is linked to the duration of your stay or booking facilitated through Ivy Nest Apartments or its verified partners, your access to the Platform shall automatically terminate upon expiry or termination of such stay, without further notice.

20.4 Effect of Termination

Upon Termination of Service:

• your right to access or use the Platform shall immediately cease;
• your Account shall be disabled and access to stored files or data may be restricted;
• residual data may remain stored in the Platform in accordance with the Privacy Policy and applicable law.

Where a valid email address has been provided, Ivy Nest Apartments may notify you of such termination, which shall be effective upon dispatch of the notice.

20.5 Consequences of Termination

Upon termination:

• all licences granted to you under these Terms shall automatically terminate;
• you shall promptly destroy or delete all Ivy Nest Apartments content, data, trademarks, and materials in your possession.

Notwithstanding termination, Ivy Nest Apartments may retain and use data collected during your Platform usage for legal compliance, internal analysis, audit, dispute resolution, and archival purposes, and clauses intended by their nature to survive termination shall remain in full force and effect.

Ivy Nest Apartments shall not be obligated to return any Submitted Content.

20.6 Suspension for Legal or Security Reasons

Ivy Nest Apartments may suspend or terminate access to the Platform or Services, with or without notice, in cases of suspected illegal, fraudulent, abusive, or security-threatening activity, and may report such activity to law-enforcement authorities.

20.7 Termination by User

You may request termination of your Account at any time by contacting Ivy Nest Apartments. Upon termination, all surviving provisions shall continue to apply.

20.8 Right to Deny Access

Without limiting other remedies, Ivy Nest Apartments reserves the right, without notice or liability, to deny access to the Platform, including blocking IP addresses, for breach of these Terms, applicable law, or at its discretion where necessary to protect Platform integrity.

20.9 No Re-registration After Termination

If your Account is terminated or suspended, you are prohibited from creating a new Account under your own name, a fictitious name, or a third-party name. Ivy Nest Apartments reserves the right to pursue civil, criminal, or injunctive remedies as appropriate.

21. Advertisements

21.1 Advertising Disclaimer

Certain features of the Platform may be supported by advertising revenue. Ivy Nest Apartments may display advertisements or promotions, the format and extent of which may change from time to time.

The presence of advertisements does not constitute endorsement. Ivy Nest Apartments shall not be responsible or liable for any loss or damage arising from your interaction with advertisers or third-party promotional content.

22. Third-Party Links, Contact Forms & Numbers

22.1 External Platforms and Resources

The Platform may include links, contact forms, phone numbers, or integrations leading to third-party websites, platforms, or services. Ivy Nest Apartments does not control such external resources and does not guarantee their availability, accuracy, or legality.

Use of third-party platforms is subject to their own terms, privacy policies, and business practices, and Ivy Nest Apartments bears no responsibility for third-party content, goods, or services.

22.2 Third-Party Transactions and Liability

Any interactions, communications, or transactions conducted with third parties through the Platform are solely between you and the third party. Ivy Nest Apartments shall not be liable, directly or indirectly, for any loss or damage arising from reliance on or use of third-party content or services.

23. Disclaimer of Warranties

23.1 Platform Use at Own Risk

You expressly acknowledge and agree that your access to and use of the Platform is entirely at your own risk. To the fullest extent permitted under applicable law, Ivy Nest Apartments, including its owners, partners, directors, officers, employees, affiliates, subsidiaries, licensors, service providers, successors, and assigns, disclaims all warranties, whether express, implied, statutory, or otherwise.

Ivy Nest Apartments makes no representations or guarantees regarding the accuracy, completeness, reliability, suitability, or availability of:

• the Platform or any feature thereof;
• accommodation listings, descriptions, availability, pricing, or suitability;
• any data, materials, user-generated content, or third-party information;
• services facilitated or made available through the Platform.

Except where expressly stated, the Platform, Services, data, content, and materials are provided on an “AS IS,” “AS AVAILABLE,” and “WHERE IS” basis, without any warranty of merchantability, fitness for a particular purpose, quiet enjoyment, title, or non-infringement.

23.2 Technical, Security & Third-Party Risks

Without limitation, Ivy Nest Apartments does not warrant or guarantee that:

• the Platform will be uninterrupted, secure, or error-free;
• servers or data are free from viruses, malware, or unauthorised access;
• third-party conduct, content, or services will be lawful, accurate, or non-offensive;
• any loss or damage arising from Platform use, content reliance, or third-party interaction will be prevented.

Ivy Nest Apartments does not endorse, warrant, or assume responsibility for any product or service advertised or offered by third parties, including accommodation providers, vendors, or service partners.

23.3 Third-Party Services Disclaimer

Certain services offered on the Platform or at listed premises may be provided by independent third-party vendors. Ivy Nest Apartments acts solely as a digital facilitator / aggregator / OTA and shall not be liable for any deficiency, loss, damage, or consequences arising from such third-party services. Any claims shall lie solely against the respective vendor.

23.4 Statutory Savings

Nothing in these Terms shall exclude or limit warranties or liabilities that cannot be excluded under applicable Indian law, including rights available under consumer protection statutes, where expressly applicable.

24. No Third-Party Beneficiaries

Except as expressly stated in these Terms of Use, no person or entity other than the User and Ivy Nest Apartments shall have any rights, remedies, or claims arising from or in connection with these Terms. These Terms do not create any third-party beneficiary rights.

25. Notices

Ivy Nest Apartments may provide notices, disclosures, or communications relating to:

• these Terms of Use,
• Platform updates,
• legal or regulatory requirements,

through email, postal mail, in-Platform notifications, or postings on the Platform, as deemed appropriate. Such notices shall be deemed effective upon dispatch or publication.

26. Privacy Policy

26.1 Data Privacy & Cross-Border Access

Ivy Nest Apartments is committed to safeguarding data privacy and security. By accessing or using the Platform, you agree to be bound by the Privacy Policy, which forms an integral part of these Terms of Use and is fully aligned with applicable Indian data-protection laws.

The Platform is hosted in India. If you access the Platform from any jurisdiction outside India where data-protection laws differ, you expressly consent to the transfer, storage, and processing of your personal data in India, in accordance with Indian law.

The Privacy Policy is available at:
https://ivynestapartments.com/home/policy_details/privacy-policy

26.2 Incorporation & Statutory Compliance

The Privacy Policy explains how personal data and sensitive personal data are collected, processed, stored, secured, retained, and disclosed. It is incorporated by reference into these Terms of Use.

Any grievance relating to data collection, use, storage, disclosure, or protection shall be governed by the Privacy Policy and applicable laws, including:

• the Information Technology Act, 2000 and rules made thereunder; and
• the Digital Personal Data Protection Act, 2025.

26.3 Governing Document

The Privacy Policy located at the above URL shall prevail with respect to all matters concerning personal data and privacy.

27. Modifications and Interruptions

27.1 Platform Modifications

Ivy Nest Apartments reserves the right, at its sole discretion, to modify, update, remove, suspend, or discontinue any part of the Platform or its content at any time, with or without notice. Ivy Nest Apartments shall not be liable for any modification, price change, suspension, or discontinuation.

27.2 Availability & Maintenance

The Platform may experience interruptions due to maintenance, technical issues, or unforeseen circumstances. You acknowledge that Ivy Nest Apartments:

• does not guarantee uninterrupted availability;
• has no obligation to maintain, support, update, or correct the Platform; and
• shall not be liable for any loss, damage, or inconvenience caused by downtime or access failure.

28. Dispute Resolution

28.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use or the Platform (“Dispute”), the Parties agree to first attempt good-faith informal negotiations for at least thirty (30) days following written notice by one Party to the other.

28.2 Binding Arbitration

Any Dispute not resolved through informal negotiation shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.

• Number of Arbitrators: One (1)
• Seat / Place of Arbitration: Kolkata, West Bengal, India
• Language: English
• Governing Law: Substantive law of India

The arbitrator shall be appointed in accordance with the said Act.

28.3 Arbitration Restrictions

To the fullest extent permitted by law:

• arbitration shall be conducted only on an individual basis;
• no class, consolidated, or representative actions are permitted; and
• no Dispute may be arbitrated on behalf of the general public or other users.

28.4 Exceptions

The following Disputes are excluded from arbitration:
(a) enforcement or protection of intellectual property rights;
(b) claims involving theft, piracy, invasion of privacy, or unauthorised use;
(c) applications for injunctive or equitable relief.

If any part of this arbitration clause is held unenforceable, such Dispute shall be adjudicated by a court of competent jurisdiction in Kolkata, and the Parties consent to such jurisdiction.

28.5 Contact Before Proceedings

Before initiating formal proceedings, you are strongly encouraged to contact Ivy Nest Apartments at:

grievance@ivynestapartments.com
to seek amicable resolution.

28.6 Governing Law & Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of India. Subject to arbitration provisions above, courts at Kolkata, West Bengal shall have exclusive jurisdiction.

All costs arising from legal proceedings initiated by you, to the extent permissible by law, shall be borne by you and may be lawfully recoverable.

29. Corrections

Ivy Nest Apartments reserves the right to correct, modify, or update any typographical errors, inaccuracies, or omissions appearing on the Platform, including but not limited to accommodation descriptions, pricing, availability, amenities, and other related information, at any time and without prior notice.

30. Disclaimer

30.1 General Disclaimer

The Platform and Services are provided on an “AS IS” and “AS AVAILABLE” basis. You expressly agree that your use of the Platform and Services is at your sole risk.

To the fullest extent permitted under applicable law, Ivy Nest Apartments disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement.

Ivy Nest Apartments shall not be liable for:

1. errors, inaccuracies, or omissions in Platform content;
2. personal injury, property damage, or losses arising from Platform use;
3. unauthorised access to or use of servers or stored data;
4. interruption or cessation of Platform transmissions;
5. viruses, malware, or harmful code transmitted through the Platform; or
6. losses arising from reliance on any content, listing, or third-party service.

Ivy Nest Apartments does not endorse or assume responsibility for any product or service offered by third parties through advertisements, listings, or linked platforms.

31. Indemnification, Assignment & User Data

31.1 Indemnification

You agree to defend, indemnify, and hold harmless Ivy Nest Apartments, its owners, directors, officers, employees, affiliates, partners, service providers, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from:

• your use of the Platform;
• breach of these Terms or the Privacy Policy;
• violation of any applicable law or third-party rights;
• any Submitted Content provided by you; or
• harmful or unlawful conduct towards other users.

Ivy Nest Apartments may assume exclusive defence of any such claim at your expense, and you agree to cooperate fully.

31.2 Survival

These indemnity obligations survive termination of your Account or cessation of Platform use.

31.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent. Ivy Nest Apartments may assign these Terms without restriction.

31.4 User Data & Backups

Ivy Nest Apartments maintains user data for Platform operation and compliance purposes. While reasonable data-backup practices are employed, you remain solely responsible for all data you transmit.

Ivy Nest Apartments shall not be liable for any data loss or corruption, and you waive all claims arising therefrom, subject to applicable data-protection laws.

32. Electronic Communications, Transactions & Signatures

32.1 Electronic Communications

By accessing the Platform, sending emails, or submitting online forms, you consent to receive communications electronically. All electronic notices, disclosures, and agreements satisfy any legal requirement for written communication under Indian law.

32.2 Electronic Signatures & Records

You consent to the use of electronic signatures, electronic contracts, electronic records, and electronic delivery of notices and transactional documents, in accordance with the Information Technology Act, 2000.

32.3 Waiver of Physical Formalities

You waive any right or requirement for physical signatures, paper records, or non-electronic communications, except where expressly required by applicable law.

33. Jurisdiction-Specific Consumer Disclosure (Non-Indian Users)

33.1 California Consumer Notice (If Applicable)

This clause applies only where mandated by applicable foreign law.
If you are a resident of the State of California (USA) and any complaint with Ivy Nest Apartments is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

• Address: 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, USA
• Telephone: +1 (800) 952-5210 or +1 (916) 445-1254

For the avoidance of doubt, Ivy Nest Apartments is an India-based digital platform, governed primarily by Indian law, and this clause does not confer general jurisdiction outside India.

34. Service Bookings & Financial Terms

34.1 Platform Facilitation Role

The Platform enables Users to request, book, or subscribe to accommodation-related services and ancillary offerings listed by independent accommodation providers, hosts, licensors, or service partners (“Independent Partners”).

Upon acceptance of a booking by such Independent Partners, Ivy Nest Apartments facilitates digital discovery, booking, payment processing, and communication, subject to these Terms.

34.2 No Ownership or Resale

Ivy Nest Apartments does not own, lease, sell, or resell accommodation services unless expressly stated in writing.
The Platform operates strictly as a technology intermediary / OTA facilitator, and reserves the right to refuse or discontinue access to the Platform or Services at its sole discretion.

34.3 User Interaction Risk

The Platform does not pre-screen Users or Independent Partners beyond reasonable verification mechanisms.
You acknowledge that all interactions with other users or partners are at your own risk, and you agree to use the Platform only for lawful purposes without infringing third-party rights.

34.4 Payments & Currency

All payments for Services facilitated through the Platform shall be made exclusively in Indian Rupees (INR).

Permitted payment modes include:

• credit cards, debit cards, net banking;
• UPI and RBI-approved digital payment instruments;
• any other authorised method displayed at the time of booking.

Ivy Nest Apartments acts solely as a payment facilitator, not as a bank, trustee, escrow agent, or fiduciary.

34.5 Pricing & Billing

The payable amount for Services shall be:

• clearly displayed prior to booking confirmation;
• inclusive of applicable taxes, fees, or charges where disclosed.

For subscription-based services, charges may recur automatically until cancellation is initiated in accordance with the applicable policy.

34.6 Pricing Variations by Independent Partners

Prices, availability, and service particulars are determined by Independent Partners.
In rare cases, pricing discrepancies may arise due to updates by Independent Partners without prior notice. Ivy Nest Apartments shall not be liable for such variations.

34.7 Subscription-Based Services (If Applicable)

Where offered, Ivy Nest Apartments may provide subscription-based access to accommodation or related services for a defined duration.
Subscription pricing, scope, and validity shall be published on the Platform and may be modified prospectively.

34.8 Time-Sensitive Deliverables (If Applicable)

Where services involve scheduled or time-sensitive delivery, failure of a User to be available may result in automatic cancellation, without liability to Ivy Nest Apartments or the Independent Partner.

34.9 User Responsibility for Service Pauses

Users are responsible for notifying the Platform in advance of any non-availability to receive scheduled services, as per applicable policy.

34.10 Pricing Disclaimer

Displayed prices may occasionally be incorrect due to technical or data-entry errors. In such cases, the Independent Partner reserves the right to cancel or revise the booking without liability.

35. Affiliate Marketing & Advertising Disclosure

35.1 Affiliate Relationships

Ivy Nest Apartments may engage in affiliate marketing arrangements, sponsorships, or advertising relationships, whereby it may earn commissions or fees from third-party services or listings displayed on the Platform.

Such arrangements do not constitute endorsement, warranty, or guarantee of any third-party product or service.

35.2 Advertising Transparency

Advertisements, sponsored listings, or affiliate links may appear on the Platform.
The presence of such content does not create any agency, partnership, or fiduciary relationship, and Ivy Nest Apartments shall not be responsible for third-party offerings.

36. Limitations of Warranties

36.1 “As-Is / As-Available” Basis

By accessing or using the Ivy Nest Apartments Platform and Services, you acknowledge and agree that all Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, to the fullest extent permitted under applicable law.

36.2 No Performance or Continuity Warranty

Without limitation, Ivy Nest Apartments does not warrant or represent that:

• your use of the Platform or Services will be uninterrupted, timely, secure, or error-free;
• information, listings, content, or Services made available through the Platform will be accurate, complete, current, or reliable;
• any data, content, or Services will be preserved without loss, alteration, or deletion.

36.3 Network & System Dependencies

Ivy Nest Apartments shall not be liable for delays, interruptions, failures, or deficiencies caused by:

• the internet;
• telecommunications networks;
• electronic communications systems; or
• other infrastructure or events beyond its reasonable control.

36.4 Third-Party Supplies & Time-Sensitive Items (If Applicable)

Where any products, consumables, amenities, or ancillary items are supplied through third-party vendors or service partners (including items that may be time-sensitive or perishable by nature), Ivy Nest Apartments may conduct reasonable sample-based quality checks only.

Due to the inherent nature of such supplies:

• Ivy Nest Apartments does not guarantee the condition, longevity, or suitability of every individual item; and
• no refund or replacement shall be claimable solely on the ground of deterioration or perishability, except where expressly mandated by applicable consumer law.

37. Limitation of Liability

37.1 Monetary Cap on Claims

To the maximum extent permitted by law, any claim against Ivy Nest Apartments arising out of or relating to the Platform or Services shall be strictly limited to the amount actually paid by you to Ivy Nest Apartments during the six (6) months preceding the cause of action, if any.

37.2 Exclusion of Indirect and Consequential Damages

In no event shall Ivy Nest Apartments, or its owners, directors, officers, managers, employees, affiliates, subsidiaries, licensors, suppliers, agents, or advisors, be liable for any:

• indirect, incidental, special, punitive, consequential, or exemplary damages, including loss of profits, business, goodwill, data, use, revenue, or economic advantage,

arising from or related to:

1. errors, omissions, or inaccuracies in listings, data, content, or user-generated material;
2. unauthorised access to servers or stored personal/financial information;
3. malware, viruses, or harmful code transmitted through the Platform;
4. service interruptions or downtime;
5. conduct of third parties, including hosts, vendors, users, or service partners; or
6. reliance on any content or Services facilitated through the Platform,

whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if advised of the possibility of such damages.

37.3 Aggregate Liability Ceiling

The total cumulative liability of Ivy Nest Apartments for all claims arising from or relating to the Platform, Services, or Submitted Content shall not exceed the fees actually paid by you to Ivy Nest Apartments in the preceding six (6) months.

37.4 Force Majeure

Neither Ivy Nest Apartments nor the User shall be liable for delay or failure in performance (excluding payment obligations) resulting from events beyond reasonable control, including but not limited to:

• acts of God;
• natural disasters;
• war (declared or undeclared);
• governmental or regulatory actions;
• strikes, labour disturbances;
• power or utility failures; or
• systemic internet or network outages.

38. Copyrights, Trademarks & User Content Licence

38.1 Platform Intellectual Property

All content, software, source code, designs, text, graphics, images, trademarks, logos, and trade names displayed on the Ivy Nest Apartments Platform are the exclusive intellectual property of Ivy Nest Apartments or its licensors, protected under applicable copyright, trademark, and intellectual-property laws.

Unauthorised reproduction, distribution, modification, display, or commercial exploitation is strictly prohibited.

38.2 Restricted Use

You shall not use any Platform materials for commercial purposes without prior written authorisation.
Any breach shall result in immediate termination of access, and you shall, at Ivy Nest Apartments’ option, return or destroy all unauthorised copies.

38.3 User Content Licence

To enable Platform functionality, you grant Ivy Nest Apartments a royalty-free, non-exclusive, worldwide licence to host, store, display, reproduce, transmit, and create derivative works from any content you upload or make available through the Platform, solely for operational, technical, and service-delivery purposes.

This licence does not transfer ownership of your content to Ivy Nest Apartments.

If you believe your intellectual-property rights have been infringed, you may notify Ivy Nest Apartments in accordance with the prescribed takedown procedure.

39. Governing Law and Jurisdiction

39.1 Governing Law

These Terms of Use, the Platform, and all Services facilitated thereunder shall be governed by and construed in accordance with the laws of India, without regard to any conflict-of-laws principles.

39.2 Exclusive Jurisdiction

You and Ivy Nest Apartments irrevocably agree and consent that the courts having competent jurisdiction at Kolkata, West Bengal, India, shall have exclusive jurisdiction to adjudicate any dispute, claim, or proceeding arising out of or relating to:

• these Terms of Use;
• the Platform;
• Services, bookings, or transactions facilitated through the Platform; or
• any relationship between you and Ivy Nest Apartments.

You expressly waive any objection to such jurisdiction on grounds of venue, inconvenience, or forum non conveniens.

39.3 Territorial Control and International Access

The Platform is controlled, operated, and administered by Ivy Nest Apartments from its offices in Kolkata, West Bengal, India. While the Platform may be accessed from jurisdictions outside India, such access is solely at the User’s initiative and risk.

By accessing or using the Platform from outside India, you expressly agree that:

• Indian laws shall exclusively govern your use of the Platform and Services;
• the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply; and
• no foreign consumer, tenancy, or data-localisation laws shall override the applicability of Indian law to the extent permitted by law.

40. Anti-Spam and Unlawful Communication Policy

40.1 Prohibition on Spam Activities

You are strictly prohibited from using the Platform, App, or Services for:

• unlawful spamming activities;
• harvesting or collecting personal data, email addresses, or contact details of other users without lawful basis or consent;
• transmitting unsolicited commercial communications, bulk messages, or promotional content in violation of applicable law.

Any such conduct shall constitute a material breach of these Terms and may result in:

• immediate suspension or termination of access;
• reporting to competent authorities; and
• civil or criminal action, where applicable.

41.2 Rights Granted to Ivy Nest Apartments

By submitting Feedback, you irrevocably waive all rights, title, and interest in such Feedback and grant Ivy Nest Apartments a perpetual, worldwide, royalty-free, unrestricted right to:

• use, reproduce, modify, adapt, publish, translate, distribute, or implement such Feedback;
• incorporate the Feedback into its Platform, Services, policies, or operations;
• use the Feedback in original or modified form, at its sole discretion,

without further consent, notice, or compensation.

41.3 Accuracy and Lawfulness of Reviews

Any reviews or ratings submitted regarding Independent Partners or Services must:

• be accurate to the best of your knowledge;
• not be false, misleading, defamatory, obscene, threatening, or unlawful;
• not infringe intellectual property, privacy, or contractual rights of any person.

You shall remain solely responsible for the content of your Feedback.

41.4 Moderation Rights

Ivy Nest Apartments reserves the right, but not the obligation, to:

• review, edit, moderate, or remove Feedback;
• refuse publication of Feedback that violates these Terms or applicable law.

Ivy Nest Apartments does not routinely monitor Feedback and assumes no liability for user-generated reviews.

41.5 Clarificatory Statement

For the avoidance of doubt:

Ivy Nest Apartments welcomes user Feedback; however, it assumes no obligation to keep such Feedback confidential and retains the unrestricted right to use such Feedback in any manner it deems appropriate, without compensation.

42. Intellectual Property Infringement – Notice & Takedown Procedure

42.1 Policy Statement

Ivy Nest Apartments respects intellectual property rights and expects the same standard of compliance from all users, property providers, merchants, Independent Partners, and content contributors using the Platform.

As an intermediary under Section 79 of the Information Technology Act, 2000, Ivy Nest Apartments follows a lawful notice-and-takedown mechanism in accordance with Indian law.

42.2 Notice of Alleged Infringement

If you believe that any content, listing, material, image, text, or media hosted or facilitated through the Platform infringes your copyright or other intellectual property rights under Indian law, you may submit a written infringement notice to Ivy Nest Apartments at:

grievance@ivynestapartments.com

The notice must include:

1. Identification of the copyrighted or intellectual property work claimed to be infringed;
2. Identification of the allegedly infringing material with sufficient detail to locate it on the Platform;
3. A statement that you have a good-faith belief that the use of the material is not authorised by the rights holder, its agent, or applicable law;
4. Your name, address, contact number, and email address;
5. A declaration that the information in the notice is accurate and that you are the rights holder or authorised to act on their behalf;
6. Your physical or electronic signature.

42.3 Takedown and User Notification

Upon receipt of a valid and complete notice, Ivy Nest Apartments may:

• remove or disable access to the allegedly infringing material; and
• notify the concerned user, merchant, or partner of the takedown action.

42.4 Counter-Notification

If the affected user believes that the content was removed due to mistake, misidentification, or lawful use, they may submit a counter-notification containing:

• identification of the removed content;
• a statement under penalty of perjury that the content was removed erroneously;
• consent to the jurisdiction of courts at Kolkata, West Bengal, India.

Unless restrained by a competent court or statutory authority, Ivy Nest Apartments may restore the content within a reasonable period.

42.5 No Adjudicatory Role

Ivy Nest Apartments does not adjudicate intellectual property disputes and acts strictly as a neutral technology intermediary. All disputes relating to ownership, validity, or infringement of intellectual property shall be resolved between the concerned parties before appropriate legal forums.

43. General Legal Conditions

43.1 Entire Agreement

These Terms of Use, together with the Privacy Policy, Grievance Policy, and any Additional Policies published on the Platform, constitute the entire agreement between you and Ivy Nest Apartments, superseding all prior oral or written agreements.

43.2 No Waiver

Failure by Ivy Nest Apartments to enforce any provision shall not constitute a waiver of such provision or any other right.

43.3 Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

43.4 No Relationship Created

Nothing in these Terms shall be construed as creating any partnership, agency, joint venture, employment, fiduciary, or brokerage relationship between you and Ivy Nest Apartments.

43.5 Assignment

Ivy Nest Apartments may assign or transfer these Terms, in whole or in part, without notice.
You may not assign or transfer your rights or obligations without prior written consent.

43.6 Electronic Contract & Waiver of Signature

You expressly agree that:

• these Terms constitute a valid electronic contract under the IT Act, 2000;
• no physical signature is required for enforceability;
• you waive any defence based on electronic form or lack of physical execution.

43.7 Governing Law Supremacy

These Terms shall be governed exclusively by the laws of India.
Any reference to foreign law is expressly excluded.

43.8 Survival

All provisions which by their nature should survive termination (including limitation of liability, indemnity, governing law, jurisdiction, IP, and dispute resolution) shall survive termination.

43.9 Headings

Section headings are for convenience only and have no legal effect.

44. Contact and Legal Notices

44.1 Official Contact Details

All legal notices, grievances, infringement notices, and communications shall be addressed to:

Ivy Nest Apartments
grievance@ivynestapartments.com

Notices may be served via:

• email,
• registered post, or
• any legally recognised electronic mode.