Terms & Conditions

Last updated on Friday, 28 October 2022

Place: Kolkata, West Bengal, India.

Welcome to https://ivynestapartments.com/. This Website is owned and operated by Ivy Nest Apartments. By using our Ivy Nest services, you are agreeing to be bound by our terms and conditions.

If this document is not in a language that you understand, you shall contact Ivy Nest at the email accounts@ivynestapartments.com. Failure to do so within 24 (Twenty-Four) hours from the time of receipt of this document and your acceptance of this document by clicking “I ACCEPT” button shall be considered as your understanding of this document.

This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button on this electronic contract, you are consenting to be bound by this User Agreement. Please ensure that you read and understand all the provisions of this document before you start using the Ivy Nest, as you shall be bound by all the terms and conditions herein upon clicking on the “ACCEPT & CONTINUE” button on this electronic contract. If you do not agree or accept any of the Terms and Conditions contained herein, then please do not use the Ivy Nest’s digital platform or avail any of the services being provided therein.

By visiting our website and accessing the information, services, and products we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy link of this Website for more information).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of through the domain and sub-domains of IVY Nest Apartments located at www.ivynestapartments.com and/or through “IVY Nest Apartments – Student or Working Professional Residence Community” mobile applications (collectively referred to herein as the "Platform").

The Platform is owned by IVY Nest Apartments (under the brand name "IVY Nest Apartments"). IVY Nest Apartments operates, controls and manages the Services (as defined below)

Agreement to Terms
1. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User” or “You/User”) and Ivy Nest Apartments, doing business as Ivy Nest ("Ivy Nest ", “we”, “us”, or “our”), concerning your access to and use of the https://ivynestapartments.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.
2. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.
3. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
4. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
5. The users shall provide their financial data and details only after getting agreed with the terms of use.
6. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
7. All references to "you" or "your" or “user” as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner. “you” or “your” or “user” would include the parent and/or guardian of such minor and the parent and/or guardian. In the event any person who accesses, uses and/or participates in the Platform is a minor (i.e., less than 18 years of age) then such individual shall be obligated to cause and procure the minor to adhere to the obligations as set out hereunder.
8. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally binding agreement between IVY Nest Apartments and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the IVY Nest Apartments Platform, including the classified advertisements, forums, various email functions and Internet links, and all content and IVY Nest Apartments services available through Platform.
9. IVY Nest Apartments reserves the right to add or remove any services at any time on such terms as it deems fit. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Platform.
10. You acknowledge that the Platform serves as a venue for the online distribution and publication of user submitted information between various users, and, by using, visiting, registering for, and/or otherwise participating in this Platform, including the Services presented, promoted, and displayed on the Platform, and by clicking on "I have read and agree to the terms of use”, you hereby certify that: (1) you are duly registered with IVY Nest Apartments in case you are using the App, (2) you have the authority to enter into these Terms of Use, (3) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Platform immediately.
11. You specifically agree that by using the platform, you are either (i) at least 18 years of age and of sound mind and you are competent under law to enter into a legally binding and enforceable contract or (ii) are the parent and/or guardian of the minor using the platform, and you are competent under law to enter into a legally binding and enforceable contract on behalf of the minor and the said minor shall be bound by the same.
Definitions
1. “Data” means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;
2. “Information” includes data, message, text, images, sound, voice, codes, computer programmes, software and data bases or microfilm or computer-generated micro fiche.
3. "Password" means a secret word or phrase or code or passphrase or secret key, or encryption or decryption keys that one uses to gain admittance or access to information.
4. "Personal information" means any information that relates 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.
5. “Services” shall mean residence, accommodation including but not limited to housekeeping services, food services and other services while staying at IVY Nest Apartments.
6. “Sensitive personal data or information” Sensitive personal data or information of a person means such personal information which consists of information relating to;
  1. password
  2. financial information such as Bank account or credit card or debit card or other payment instrument details
  3. physical, physiological and mental health condition
  4. sexual orientation
  5. medical records and history
  6. Biometric information.
Intellectual Property Rights
1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. IVY Nest Apartments owns or holds the Licenses to all Data and Marks on the Platform
4. The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by IVY Nest Apartments. Other trademarks, names and logos on Platform are the property of their respective owners.
5. Data on the Platform is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. IVY Nest Apartments reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
6. IVY Nest Apartments License to You for the Use of Data and Marks
7. The Platform contains IVY Nest Apartments Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and IVY Nest Apartments owns and retains all rights in the IVY Nest Apartments Data and Marks. Subject to these Terms of Use, IVY Nest Apartments hereby grants you a limited, revocable, non-transferable, no sublicensable license to reproduce and display the IVY Nest Apartments Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform. The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
User Representations
1. By using the Site, you represent and warrant that:
  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms of Use;
  4. you are not a minor in the jurisdiction in which you reside;
  5. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  6. you will not use the Site for any illegal or unauthorized purpose; and
  7. your use of the Site will not violate any applicable law or regulation.
2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
User Registration
1. You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Fees & Payment
1. We accept the following forms of payment. By using the services, you also accept the third-party terms and conditions mentioned on their individual sites.
  1. - PayPal
  2. - Discover
  3. - American Express
  4. - Mastercard
  5. - Visa
  6. - Rupay
  7. - UPI
2. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. GST and other applicable taxes will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in INR.
3. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
4. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
Cancellation Policy and Process
1. Kindly refer the Cancellation Policy at https://ivynestapartments.com/home/return_policy
2. If you are unsatisfied with our services, please email us at legal@ivynestapartments.com
Prohibited Activities
1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
2. As a user of the Site, you agree not to:
  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Engage in unauthorized framing of or linking to the Site.
  9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  11. Delete the copyright or other proprietary rights notice from any Content.
  12. Attempt to impersonate another user or person or use the username of another user.
  13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  20. Use a buying agent or purchasing agent to make purchases on the Site.
  21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
User Generated Content & Contributions
1. The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
2. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
Contribution License
1. You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
2. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Social Media
1. As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
2. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
3. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
4. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
Submissions
1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Advertisers
1. We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Modification to the Terms
1. IVY Nest Apartments reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, without notice and IVY Nest Apartments will post the amended Terms of Use at the domain of https://ivynestapartments.com/home/terms_conditions. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to be abide by these or any future Terms of Use, please do not use or access the Platform.
Site Management
1. We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Membership and Accessibility
1. License to Access
2. IVY Nest Apartments hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Platform in any medium without IVY Nest Apartments prior written consent; (ii) you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purposes or if so requested by IVY Nest Apartments; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws in India.
3. Membership Eligibility Criteria
4. You represent, acknowledge and agree that you are either (i) at least 18 years of age or (ii) you as a parent / guardian agree to be bound as well as agree that your ward shall be bound and you shall cause your ward to be bound by the present Terms of Use, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if IVY Nest Apartments at its sole discretion, believe that you are violating the terms of this Terms of Use or that you are not complying with any applicable laws, rules or regulations in India.
5. To access and participate in the Platform, you will need to create a password-protected account ("Account"). To create an account, you must submit your name, email address and phone number, through the account registration page on the Platform and create a password. You will also have the ability to provide additional / optional information, which is not required to register for an account but may be helpful to IVY Nest Apartments in providing you with a more customized experience while using the Platform. You may at the discretion of IVY Nest Apartments be also provided with the option of registering for an Account using your existing social network account and log-in credentials (your "Third-Party Site Password"). You are solely responsible for safeguarding your IVY Nest Apartments password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify IVY Nest Apartments immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another member’s Account without IVY Nest Apartments permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform.
6. You hereby expressly acknowledge and agree that you yourself and not IVY Nest Apartments will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of IVY Nest Apartments or others due to such unauthorized use. An Account holder is herein referred to as a "Registered User."
7. Additional Policies
8. Your access to, use of, and participation in the Platform is subject to the Terms of Use and all applicable IVY Nest Apartments regulations, guidelines and additional policies that IVY Nest Apartments may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that IVY Nest Apartments publishes on the Platform (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, IVY Nest Apartments, in its sole discretion, may terminate your Account at any time without prior notice to you as well as claim damage or initiate appropriate legal proceedings, if necessary.
9. Through the use of our App Ivy Nest and Services, you may provide us with certain information. By using the App or the Services, you authorize the owner to use your information in India and any other country where we may operate.
10. Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here. https://ivynestapartments.com/home/privacy_policy
Member Conduct
1. Prohibitions on Submitted Content
  1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile") or the posting of any opinions or reviews in connection with the Platform or the Services ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
  2. misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any female or minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school.
  3. invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent.
  4. contains falsehoods or misrepresentations that could damage IVY Nest Apartments or any third party;
  5. is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate.
  6. is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant IVY Nest Apartments all of the license rights granted herein.
  7. contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right.
  8. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so.
  9. intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Platforms or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a IVY Nest Apartments employee, agent, manager, host, another user, or any other person though any means.
  10. advertises or solicits a business not related to or appropriate for the Platform (as determined by IVY Nest Apartments in its sole discretion).
  11. contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement.
  12. contains advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests.
  13. distributes or contains viruses or any other technologies that may harm IVY Nest Apartments, or the interests or property of IVY Nest Apartments users.
  14. contains links to commercial services or Platforms, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content.
  15. contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of IVY Nest Apartments.
  16. Discriminatory Postings: Indian laws prohibit any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. IVY Nest Apartments will not knowingly accept any Posting which is in violation of the law. IVY Nest Apartments has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
2. Prohibitions with respect to Services
3. While using the Platform, you shall not:
  1. post content or items in any inappropriate category or areas on the Platform.
  2. violate any laws, third-party rights, Account policies, or any provision of the Terms of Use, such as the prohibitions described above.
  3. fail to deliver payment for Services purchased by you.
  4. circumvent or manipulate the fee structure, the billing process, or fees owed to IVY Nest Apartments; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Platform user).
  5. take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform).
4. Feedback
  1. As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback.
  2. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, IVY Nest Apartments, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
  3. Reporting Inappropriate Use of Feedback. You may contact IVY Nest Apartments regarding any inappropriate use of Feedback via-email at legal@ivynestapartments.com.
  4. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Platform concerning Feedback, IVY Nest Apartments shall be the final arbitrator of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, IVY NEST APARTMENTS HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
  5. The foregoing lists of prohibitions provide examples and are not complete or exclusive. IVY Nest Apartments reserves the right to (a) terminate your access to your Account, your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that IVY Nest Apartments determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. IVY Nest Apartments reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that IVY Nest Apartments deems appropriate in IVY Nest Apartments sole discretion. IVY Nest Apartments may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at IVY Nest Apartments discretion, IVY Nest Apartments will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. IVY Nest Apartments does not and cannot review every Posting posted to the Platform. These prohibitions do not require IVY Nest Apartments to monitor, police or remove any Postings or other information submitted by you or any other user.
5. Prohibitions with respect to Platform
6. You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
  1. You will not copy or distribute any part of the Platform in any medium without IVY Nest Apartments prior written authorization.
  2. You will provide true, accurate, current and complete information while creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  3. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without IVY Nest Apartments prior written approval.
  4. You shall not in any manner i.e. manual or automated collect users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third-party site.
  5. You shall not in any way transmit multiple request messages to the IVY Nest Apartments servers, or any server of an IVY Nest Apartments subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. IVY Nest Apartments reserves the right to revoke these exceptions either generally or in specific cases.
  6. You shall not take any action that (i) unreasonably encumbers or, in IVY Nest Apartments sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform’s or any third-party participation in the Platform; or (iii) bypasses IVY Nest Apartments measures that are used to prevent or restrict access to the Platform.
  7. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
Use of Submitted Content
1. Consent for Use of Sensitive Personal Information
2. You hereby grant consent to IVY Nest Apartments to collect, store, use or dispose any sensitive personal information requested or submitted by you at your sole discretion through our platform, so collected for the intended usage as per the terms and conditions agreed herein. IVY Nest Apartments shall not be responsible for the authenticity of such personal information or sensitive personal data or information submitted by you.
3. Confidentiality
4. The Platform may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, IVY Nest Apartments does not guarantee any confidentiality with respect to any Submitted Content.
5. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Platform is provided on a non-proprietary and non-confidential basis. You agree that IVY Nest Apartments shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
6. IVY Nest Apartments may also disclose user information including personal information if IVY Nest Apartments reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate IVY Nest Apartments liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).
7. Consent for Communication
8. By registering on this website or by submitting your details, you disclaim your National Do Not Call Registry (NDNC) and authorize IVY Nest Apartments and its representatives and partners or third parties to contact you through call, SMS, E-Mail, WhatsApp or through any other mode of communication for commercial/transactional/promotional or for any other purposes. If you wish not to be contacted through the foregoing modes for the said purposes, you shall not submit your details herein.
9. Your Representations and Warranties
10. You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, to use and authorize IVY Nest Apartments to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Platform.
11. Your Ownership Rights and License to IVY Nest Apartments
12. You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to IVY Nest Apartments for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to IVY Nest Apartments a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Platform and IVY Nest Apartments (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Platform and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Platform.
13. You acknowledge and understand that the technical processing and transmission of the Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
14. You may remove your Submitted Content from the Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
15. IVY Nest Apartments Disclaimers and Right to Remove
16. IVY Nest Apartments does not endorse any Submitted Content, or any opinion, recommendation, or advice expressed therein, and IVY Nest Apartments expressly disclaims any and all liability in connection with all Submitted Content. IVY Nest Apartments does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and IVY Nest Apartments will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described below, that such Posting or Submitted Content infringes on another's intellectual property rights. IVY Nest Apartments reserves the right to remove any Data or Submitted Content without prior notice. IVY Nest Apartments will also terminate a user's access to the Platform, if he or she is determined to be a repeat infringer. A repeat infringer is a Platform user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Platform more than twice. IVY Nest Apartments also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. IVY Nest Apartments may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
17. You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that IVY Nest Apartments is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IVY Nest Apartments with respect thereto, and agree to indemnify and hold IVY Nest Apartments, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
18. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Platform, or transmit to other Platform users. You understand and agree that IVY Nest Apartments may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Platform users or others.
19. Suggestions
20. If you send or transmit any communications, comments, questions, suggestions, or related materials to IVY Nest Apartments, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and IVY Nest Apartments is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that IVY Nest Apartments is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
Copyright Infringement and take down Procedure
1. IVY Nest Apartments has high regard for intellectual property and expects the same level of standard to be employed by its users. IVY Nest Apartments may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform of users who infringe upon the intellectual property rights of others.
2. If you believe that your work has copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement been, please send the following information to us at legal@ivynestapartments.com
3. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
4. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit IVY Nest Apartments to locate the material;
5. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law.
6. information reasonably sufficient to permit IVY Nest Apartments to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
7. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive.
8. a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
9. Only the intellectual property rights owner is permitted to report potentially infringing items through IVY Nest Apartments reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.
Modifications to or Termination of the Platform
1. Modification or Cessation of Platform: IVY Nest Apartments reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that IVY Nest Apartments shall not be liable to you or to any third party for any modification, suspension or discontinuance of IVY Nest Apartments services.
2. Termination by IVY Nest Apartments: You hereby acknowledge and agree that IVY Nest Apartments, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Submitted Content on the Platform ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if IVY Nest Apartments believes or has reason to believe that you have violated any provision of the Terms of Use.
3. Termination by You: Since your usage of the Platform is linked to the duration of your stay with IVY Nest Apartments, your usage of the Platform shall be terminated when your stay with IVY Nest Apartments is terminated and/or expires.
4. Effect of Termination: Upon termination of your Account, your right to participate in the Platform shall automatically be terminated. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the IVY Nest Apartments Platform. Unless IVY Nest Apartments has previously cancelled or terminated your use of the Platform (in which case subsequent notice by IVY Nest Apartments shall not be required), if you provided a valid email address during registration, IVY Nest Apartments will notify you via email of any such termination or cancellation, which shall be effective immediately upon IVY Nest Apartments 's delivery of such notice.
5. Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of IVY Nest Apartments Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that IVY Nest Apartments shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, IVY Nest Apartments retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted IVY Nest Apartments hereunder shall remain in effect for the foregoing purpose. In no event is IVY Nest Apartments obligated to return any Submitted Content to you. Sections which are designed / required to survive termination, shall survive expiration or termination of the Platform or your Account.
6. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our App and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
7. The Ivy Nest specifically reserves the right to terminate these Terms of Services if You violate any of the terms outlined herein, including but not limited to, violating the Intellectual Property rights of the Owner or a third party, failing to comply with the applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate these Terms of Services at any time by contacting us and request termination. At the termination of these Terms of Services, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
8. These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
9. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Advertisements
1. Aspects of the Platform and other IVY Nest Apartments services may be supported by advertising revenue. As such, IVY Nest Apartments may display advertisements and promotions on the service. The manner, mode and extent of advertising by IVY Nest Apartments on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by IVY Nest Apartments of any advertised products or services. You agree that IVY Nest Apartments shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
Third Party Links, Contact Forms and Numbers
1. The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other Platforms or resources, including, without limitation, social networking, blogging and similar Platforms through which you are able to log into the Platform using your existing account and log-in credentials for such third-party Platforms. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because IVY Nest Apartments has no control over such sites and resources, you acknowledge and agree that IVY Nest Apartments is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such Platforms or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be IVY Nest Apartments endorsement of such third-party sites or any product or service offered through them.
2. You further acknowledge and agree that IVY Nest Apartments shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such Platform or resource. The Third-party Platform may have different privacy policies and terms and conditions and business practices than IVY Nest Apartments. In certain situations, you may be transferred to a third-party Platform through a link or connected to a third-party resource by a contact form or phone, but it may appear that you are still on this Platform or transacting with IVY Nest Apartments. In these situations, you acknowledge and agree that the third-party Platform terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Platform with any party other than IVY Nest Apartments are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
Disclaimer of Warranties
1. You agree that your use of the platform shall be at your own risk. To the fullest extent permitted by law, ivy nest apartments and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this platform, the services offered on or through this platform, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this platform, the services offered on or through this platform, data, materials, submitted content, and any information or material contained or presented on this platform is provided to you on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Ivy nest apartments does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the platform or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, any interruption or cessation of transmission to or from the platform, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available via the platform. Ivy nest apartments does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked site or featured in any banner or other advertisement.
2. Certain services on the platform or on the premises may be provided through a third-party vendor, it is aged and clarified that under no circumstances shall ivy nest apartments would be liable for the provision of any such services and you shall have rights directly against such vendor for any deficiency or loss arising from the respective services and ivy nest apartments shall in no event be liable for any consequences arising therefrom. Ivy nest apartments is merely acting as a facilitator of such third-party services for you and thus not liable for any consequences arising therefrom.
3. Unless otherwise expressed, Ivy Nest Apartments expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
No Third-Party Beneficiaries
1. You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
Notices
1. You agree that IVY Nest Apartments may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the PLATFORM.
Privacy Policy
1. We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is in consonance with these Terms of Use. Please be advised the Site is hosted in India. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you agree to have your data transferred to and processed in India. You may access the Privacy Policy at https://ivynestapartments.com/home/privacy_policy
2. IVY Nest Apartments has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Platform is governed by the Privacy Policy, you may refer to the Privacy Policy for any grievances related to the collection, storage and use of any Sensitive Personal Data and Personal Data as defined under Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
3. The Privacy Policy is located at: https://ivynestapartments.com/home/privacy_policy
Modifications and Interruptions
1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
2. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Dispute Resolution
1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
2. Binding Arbitration: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Arbitrator following the procedure mentioned in the Arbitration and Conciliation Act, 1996. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Kolkata, West Bengal, India., India. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of India.
3. Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
4. Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
5. If a dispute arises between you and IVY Nest Apartments, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and IVY Nest Apartments hereby agree to resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Platform in accordance with this Section H or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at legal@ivynestapartments.com. The dispute shall be resolved through arbitration by sole arbitrator appointed by the IVY Nest Apartments under the Arbitration and Conciliation Act, 1996 with the seat of arbitration being Kolkata. The language of Arbitration shall be English.
6. The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding, subject to the above, arising out of in case of any dispute resulting in legal proceedings whether civil or criminal, either before the Courts, Local Authorities, Government Bodies, Arbitrators, or any other Forum as may be necessitated, the cost of such proceedings shall be borne by you and shall be payable by you and shall also be lawfully recoverable from you. This Agreement will occur exclusively in the courts located in Kolkata, India.
Corrections
1. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
1. The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Indemnification
1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Condition of Use; (3) any breach of your representations and warranties set forth in these Terms and Condition of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
2. You agree to defend, indemnify and hold harmless ivy nest apartments, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation in the platform; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. This defence and indemnification obligation will survive these terms of service and your use of the platform.
3. The terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ivy nest apartments without restriction. User Data
4. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
1. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Service Bookings & Financial Terms
1. This App allows users to request/order a service/product and upon acceptance of such orders by the Independent Partners, the Company, subject to the terms and conditions set out herein, facilitates delivery of Services, or completion of tasks through the App.
2. Ivy Nest does not own, sell or resell on its own such services, offered by the Independent Partners, This App is an online service providing platform by engaging the Independent Partner. We reserve the right to refuse the services on the App at our sole discretion to anyone for any reason at any time.
3. This App does not screen or censor the Users who register on and access the App. You assume all risks associated with dealing with other users with whom you come in contact through the App. You agree to use the App only for the lawful purposes without infringing the rights or restricting the use of this App by and third party.
4. All payments made against the Services on the App by the Users shall be compulsorily in Indian Rupees acceptable in the Republic of India. The App will not facilitate transactions with respect to any other form of currency with respect to the Services made on App. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking a Service; or (iii) credit or debit card or cash at the time-of-Service delivery. You understand, accept and agree that the payment facility provided by App is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on Service delivery and remittance facility for the transactions on the App using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Ivy Nest is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
5. When you register for any kind of paid Services on this App, you agree to pay us the specific monetary amounts required for those Services. These monetary amounts will be described to you during the booking of the Services. The final amount required for payment for availing the Services will be shown to you immediately prior to final booking of Services. Payment for any ongoing Services is billed automatically until you notify Us that you would like to terminate your access to Services.
6. The prices reflected on the App, including packaging or handling charges, are determined solely by the Independent Partners and are listed based on their information. Very rarely, prices may change at the time of placing Order due to Independent Partner changing the menu price without due intimation and such change of price are at the sole discretion of the Independent Partner attributing to various factors beyond control.
7. Ivy Nest offers its products and services through Subscription based model wherein you as a consumer shall pay for the subscription and in lieu of this, shall receive the ordered products or service on the date of your choice, for the duration of your subscription. The prices and duration of the subscription shall be made available at the website or mobile app of Ivy Nest which is subject to change at the sole discretion of Ivy Nest.
8. Ivy Nest supplies the orders from morning 5am to 8 am to the subscribers as Ivy Nest is committed to supply fresh products to its consumers. However, if the consumer or subscriber is not available at the home, or does not pick up the phone call, then in such a situation, the order shall be automatically cancelled by the Ivy Nest as waiting for a particular consumer may cause delay in supply of the orders to other consumers.
9. If the subscribers are not available for a particular day, then it shall be responsibility of the subscribers or consumers to inform Ivy Nest on its App or website till the previous day regarding such unavailability to receive the orders from Ivy Nest.
10. Disclaimer: Prices on any Service(s) as reflected on the App may due to some technical issue, typographical error or product information supplied by Independent Partner be incorrectly reflected and in such an event Independent Partner may cancel Buyer’s Service booking(s).
Affiliate Marketing and Advertising
1. The Owner of the Company, through the App and its Services, may engage in affiliate marketing whereby the owner receives a commission on or percentage of the sale of Services on or through the App. The Owner may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation.
Limitations of Warranties
1. By using our Ivy Nest, you understand and agree that all Services we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
2. Ivy Nest does not warrant that your use of Services will be Uninterrupted or Error-free, that Ivy Nest will review the information and Services delivered through the App for accuracy or that it will preserve or maintain any such information or Services without loss.
3. Ivy Nest shall not be liable for delays, interruptions, Service failure, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Ivy Nest.
4. Ivy Nest supplies the products, which may be perishable with time, after buying the same from the third-party vendors and suppliers. Ivy Nest checks the samples for the quality assurance. The nature of the products is such that each and every product/item cannot be checked for quality and condition. Therefore, Ivy Nest shall not be responsible if any specific item is dilapidated or perished with time. Hence, you shall not be entitled to claim refunds, if any such condition is found in the supply order.
Limitation of Liability
1. In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Ivy Nest will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
2. In no event shall ivy nest apartments, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from (i) any errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or submitted content; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform ; (iv) any interruption or cessation of transmission to or from the platform; (v) any errors or omissions in any data, content, information, materials or substance of the platform or submitted content; (vi) any defamatory, offensive, or illegal conduct of any third party; or (vii) any use of any data, marks, content, information, materials or substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not ivy nest apartments is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
3. In no event shall the total, aggregate liability of ivy nest apartments, or any of the above-referenced respective parties, arising from or relating to the platform, and/or submitted content exceed the six-month fees actually paid to ivy nest apartments by you.
4. Force majeure- neither ivy nest apartments nor you shall be liable to the other for any delay or failure in performance under the terms of use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
Copyrights & Trademarks
1. All content and materials available on Ivy Nest, including but not limited to text, graphics, app name, code, images and logos are the intellectual property of Ivy Nest Apartments, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Ivy Nest Apartments.
2. You must not use any part of the materials on the App Platform for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3. In order to make the App and the Services available to you, you hereby grant the Owner a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivate works of any content you upload or otherwise make available to the App. The Company claims no further proprietary rights in your content. If you feel that any of your Intellectual Property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
Governing Law
1. These Terms shall be governed by and defined following the laws of India. Ivy Nest Apartments and yourself irrevocably consent that the courts of India at Kolkata, West Bengal, India. shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
2. This App is controlled by Ivy Nest Apartments from our offices located in the state of Kolkata, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Kolkata, West Bengal, India., India by accessing our website, you agree that the statutes and laws of Kolkata, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
3. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Kolkata, West Bengal, India., India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Spam Policy
1. You are strictly prohibited from using the App or any of the owner’s Services from illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Feedback and Reviews
1. Ivy Nest Apartments welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Independent Partner Services (collectively, “Feedback") to Ivy Nest be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Ivy Nest (whether submitted directly to Ivy Nest or posted on any Ivy Nest hosted forum or page), you waive any and all rights in the Feedback and that Ivy Nest is free to implement and use the Feedback if desired, as provided by you or as modified by Ivy Nest, without obtaining permission or license from you or from any Independent Partner. Any reviews of an Independent Partner that you submit to Ivy Nest must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to Independent Partners or objectionable. Ivy Nest reserves the right (but not the obligation) to remove or edit Feedback of Independent Partner Services, but does not regularly inspect posted Feedback.
2. WHICH MEANS: We welcome Users feedback but are under no obligation to ensure that ideas and suggestions regarding our Services or the services of Independent Partners remain confidential and we can use the feedback in any way we want.
DMCA Notice and Takedown Procedure
1. Ivy Nest supports the protection of intellectual property and asks Ivy Nest merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Ivy Nest’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Learn more at Reporting Intellectual Property Infringement.
2. WHICH MEANS Ivy Nest respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your Store. If you don’t think the claim is valid, you can send a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send Ivy Nest a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.
General Conditions
1. These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
2. The data collected is governed by the Information Technology Act 2000 and all the amendments thereto.
3. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Ivy Nest and govern your use of the Services and your Account, superseding any prior agreements between you and Ivy Nest (including, but not limited to, any prior versions of the Terms of Service).
4. The failure of Ivy Nest to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
5. Save for Ivy Nest and its affiliates, you or anyone accessing Ivy Nest Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
6. The Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws.
7. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Ivy Nest’s Terms of Service available in another language, the most current English version of the Terms of Service at https://ivynestapartments.com/home/grievance_policy will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Ivy Nest (acting in its sole discretion) or as required by applicable law.
8. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Ivy Nest will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Ivy Nest’s prior written consent, to be given or withheld in Ivy Nest’s sole discretion.
9. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
10. On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and other relevant clauses.
11. Entire Terms of Use: The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by IVY Nest Apartments on the Platform, shall constitute the entire agreement between you and IVY Nest Apartments concerning the Platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
12. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and IVY Nest Apartments 's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
13. Section Headings: The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
Contact us
1. Any notices or other communications required or permitted in terms of these presents shall be deemed to have been duly served if, (a) delivered in person; or (b) sent by registered or certified mail, return receipt requested, or (c) email; and addressed as follows:
  Ivy Nest Apartments
  legal@ivynestapartments.com

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Newtown, Kolkata, West Bengal

+91 8583823381|info@ivynestapartments.com