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Terms & Conditions

Rent Payment and Collection Policy

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

Legal Nature and Electronic Execution

This Rent Payment and Collection Policy (“Policy”) constitutes an electronic record within the meaning of the Information Technology Act, 2000, and the rules framed thereunder, as amended from time to time. This Policy is generated by a computer system and does not require any physical or digital signature.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Affiliate(s)” means any person, company, corporation, association, or entity that directly or indirectly controls, is controlled by, or is under common control with a Party.

“Control” includes the power to direct management or policies, whether through ownership, contract, or otherwise.

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

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

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

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

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

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

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

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

This Policy is intended to clearly define:

  • Singular includes plural and vice versa
  • Masculine includes feminine and neuter genders
  • References to statutes include amendments and re-enactments
  • Headings are for convenience only and do not affect interpretation
  • Schedules and annexures form an integral part of this Policy

Users are advised to carefully read this Policy prior to making any booking or payment, so as to fully understand their rights, obligations, and expectations in the event of cancellation, modification, or dissatisfaction with the services availed.

This Policy is drafted and implemented in compliance with:

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

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

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

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

1. General Terms and Conditions

1.1 User Definition and Scope of Application

For the purposes of these Terms and Conditions, all references to “you”, “your”, or “User”, as the context may require, shall mean and include any natural person, legal entity, firm, association, or organization that accesses, browses, registers with, uses, transacts upon, or otherwise participates in the Platform or avails any services made available through the Platform, whether directly or indirectly, and whether as a registered user or otherwise.

These Terms shall apply equally and uniformly to all categories of users, including prospective users, registered users, licensees, occupiers, guests, and any authorized persons acting on behalf of a user.

1.2 Binding Acceptance of Platform Policies

By accessing, browsing, registering on, or using the Platform in any manner whatsoever, you expressly acknowledge, agree, and undertake that you have read, understood, and accepted to be legally bound by:

  • The Terms of Use
  • The Privacy Policy
  • The Payment Terms
  • Any additional policies, guidelines, notices, or disclosures published on the official website of Ivy Nest Apartments, namely www.ivynestapartments.com, from time to time

All such policies shall collectively form a legally binding and enforceable agreement between you and Ivy Nest Apartments under the Indian Contract Act, 1872 and the Information Technology Act, 2000.

Your continued use of the Platform shall constitute ongoing acceptance of the then-current versions of the aforesaid policies.

1.3 Account Security, Password Responsibility, and Misuse

You shall be solely and exclusively responsible for maintaining the confidentiality, security, and integrity of your Ivy Nest Apartments account credentials, including your password and, where applicable, any third-party site or service credentials used in connection with the Platform (collectively, “Passwords”).

You agree and undertake that:

  • All activities carried out through your account shall be deemed to have been carried out by you
  • You shall immediately notify Ivy Nest Apartments of any actual or suspected unauthorized access, breach of security, or misuse of your account
  • You shall not access, attempt to access, or use another user’s account without express authorization
  • You shall not impersonate, misrepresent, or falsely claim to be another person or entity while using the Platform or its services

Ivy Nest Apartments shall not be responsible or liable for any loss, damage, or consequences arising out of your failure to comply with this clause.

1.4 Liability for Unauthorized Use and Consequential Loss

You expressly acknowledge and agree that you alone, and not Ivy Nest Apartments, shall be fully liable and responsible for any loss, damage, cost, expense, or consequence (whether direct, indirect, incidental, consequential, or otherwise) arising from:

  • Unauthorized use of your account
  • Breach of account security
  • Failure to safeguard your login credentials
  • Any act or omission attributable to your account

Without prejudice to the foregoing, you further agree that you may be held liable for any losses, claims, damages, penalties, or expenses suffered or incurred by Ivy Nest Apartments, its affiliates, partners, service providers, or related parties as a result of such unauthorized use or breach.

This clause shall survive termination or suspension of your account.

1.5 Accuracy, Authenticity, and Responsibility for Information Provided

You shall be solely responsible for uploading, submitting, or providing accurate, complete, lawful, and verifiable information, including but not limited to:

  • Scanned copies of PAN card or other identity documents
  • Bank account details
  • Payment-related information
  • Any personal, financial, or compliance-related data required for availing services

You expressly represent and warrant that all information provided by you is true, correct, complete, and not misleading.

Ivy Nest Apartments shall not have any direct or indirect responsibility to verify the correctness of user-provided information and shall not be liable for any loss, damage, delay, denial of service, regulatory action, or legal consequence arising due to incorrect, false, outdated, or misleading information furnished by you.

2. Fee and Payment

2.1 Subscription Fees and Payment Authorization

The Licensee hereby agrees and undertakes to pay all applicable subscription fees, usage fees, service charges, platform fees, and other amounts as displayed on the Platform, including on the Licensee’s channel subscription and billing page.

The Licensee irrevocably authorizes Ivy Nest Apartments (the “Licensor”) to:

  • Debit the Licensee’s designated bank account; and/or
  • Charge the Licensee’s credit card, debit card, UPI mandate, E-NACH/ECS mandate, or any other approved electronic payment instrument

for all amounts due and payable under this Policy, in accordance with the selected subscription plan, billing cycle, and payment method.

Such authorization shall constitute valid electronic consent under the Information Technology Act, 2000 and applicable RBI-regulated payment frameworks.

2.2 Recurring Nature of Subscriptions

The Licensee expressly acknowledges and agrees that:

  • All subscriptions offered on the Platform are recurring in nature;
  • Subscriptions shall be automatically renewed at the end of each billing cycle unless validly cancelled in accordance with the applicable Cancellation and Refund Policy; and
  • No separate consent or confirmation shall be required for each renewal or recurring debit once the initial authorization has been granted.

The Licensee remains fully responsible for ensuring the availability of sufficient funds and valid payment instruments at all times.

2.3 Taxes, Duties, and Statutory Levies

  • The Licensee shall be solely responsible for payment of all applicable taxes, levies, cess, duties, or statutory charges imposed by any governmental or statutory authority in connection with the subscriptions or services availed, including but not limited to:
  • Goods and Services Tax (GST);
  • Withholding tax, if applicable;
  • Any direct or indirect tax under Indian taxation laws;
  • Any future tax, duty, or levy imposed by law.
  • All fees displayed on the Platform may be exclusive of applicable taxes, unless expressly stated otherwise.

2.4 Indemnity for Tax Non-Compliance

In the event the Licensee fails to discharge any tax or statutory obligation attributable to the Licensee:

  • The Licensee shall, upon demand, reimburse the Licensor for any taxes, duties, interest, penalties, or charges paid by the Licensor on the Licensee’s behalf;
  • The Licensee shall defend, indemnify, and hold harmless the Licensor from and against any claims, demands, notices, proceedings, liabilities, penalties, or losses arising from such failure; and
  • This indemnity shall survive termination or expiry of the Licensee’s subscription or use of the Platform.

2.5 Payment Timelines and Advance Payments

Unless otherwise specified on the Platform:

  • Payments shall become due within seven (7) days of the commencement of services or delivery of goods;
  • The Licensor reserves the right to require advance payment, either in full or in part, through card payment, bank transfer, or any other permitted electronic mode, where deemed necessary for operational, risk, or compliance reasons; and
  • The User expressly agrees to pay all applicable taxes as and when they arise, including any statutory liability determined retrospectively under Indian law.

Failure to make timely payment may result in service suspension, termination, penalties, or recovery action, as permitted by law and Platform policies.

3. Third-Party Charges

3.1 Charges for Third-Party Services

The Licensee acknowledges that certain services availed through or in connection with the Platform may involve third-party service providers, including but not limited to:

  • Internet or broadband service providers
  • Telecommunication carriers
  • Utility providers
  • Maintenance, housekeeping, security, or facility management vendors

All fees, charges, or expenses payable to such third-party service providers shall be borne directly and exclusively by the Licensee, unless expressly included in the subscription plan or stated otherwise on the Platform.

The Licensor shall not be responsible for pricing, service quality, interruptions, or disputes relating to such third-party services.

3.2 Regulatory and Governmental Charges

In addition to the subscription fees payable to the Licensor, the Licensee agrees that:

  • The Licensor may charge the Licensee for any regulatory, governmental, statutory, or compliance-related fees that are legally required to be paid in connection with the services availed;
  • Such charges may include municipal levies, registration fees, compliance costs, or other mandatory contributions imposed by law; and
  • Any such charges shall be payable without demur or deduction, as notified on the Platform or through billing communications.

4. Payments by e-Mandate (E-NACH)

4.1 Overview and Legal Basis of E-NACH

a) E-NACH (Electronic National Automated Clearing House), also referred to as e-Mandate, is a centralized electronic mandate management system developed and operated by the National Payments Corporation of India (NPCI), under the regulatory oversight of the Reserve Bank of India (RBI).

b) E-NACH enables the electronic creation, authentication, transmission, registration, and execution of debit mandates between participating banks, payment service providers, and merchants, without the requirement of physical mandate forms.

c) Under the E-NACH framework, the Licensee authorizes recurring debits electronically, through secure banking or payment channels, using customer authentication methods prescribed by NPCI and RBI, including but not limited to OTP-based verification, net-banking authentication, or app-based authorization.

d) The Licensee expressly acknowledges that an E-NACH mandate created through the Platform constitutes a valid, binding, and enforceable electronic authorization under:

  • The Information Technology Act, 2000
  • RBI payment and settlement regulations
  • NPCI operating guidelines

and shall be deemed equivalent to a signed physical mandate.

e) Once successfully authenticated and registered, the E-NACH mandate enables shorter processing timelines, assured acceptance, and automated debit execution, subject to bank-level controls and availability of funds.

4.2 Benefits and Operational Advantages of E-NACH

a) E-NACH significantly reduces turnaround time (TAT) at the bank and merchant level by eliminating manual verification and physical document handling.

b) The system minimizes mandate rejections arising from signature mismatch, incomplete documentation, or clerical errors, which are common in physical mandates.

c) E-NACH facilitates end-to-end automation of recurring payment workflows, including mandate creation, validation, debit execution, reconciliation, and reporting.

d) The complete elimination of physical mandate movement enhances security, traceability, auditability, and compliance, while reducing operational costs and delays for both the Licensee and the Licensor.

e) The Licensee acknowledges that failure of an E-NACH debit due to insufficient funds, account closure, mandate revocation, or bank-side restrictions may attract consequences under the applicable payment, rent, or subscription policies, including penalties, suspension of services, or invocation of guarantor obligations.

5. Guarantor Account

5.1 Guarantor Account

a) Where a guarantor facility is availed, the Guarantor hereby irrevocably confirms, undertakes, and guarantees to the Licensor that in the event the Licensee fails, neglects, or becomes unable to pay any due, outstanding, or payable amount to the Licensor—whether arising from rent, subscription fees, penalties, damages, taxes, or any other obligation—the Guarantor shall unconditionally pay and discharge such dues.

b) The Guarantor’s liability shall be absolute, continuing, joint and several, and shall not be affected by:

  • Any indulgence, extension, or waiver granted to the Licensee;
  • Any dispute raised by the Licensee;
  • Suspension, termination, or modification of the Licensee’s agreement; or
  • Any insolvency, incapacity, or disappearance of the Licensee.

c) The Guarantor expressly waives any right to prior notice, demand, or legal proceedings against the Licensee before enforcement of the guarantee.

5.2 Automatic Debit from Guarantor Account

a) The Guarantor expressly authorizes the Licensor to automatically debit the Guarantor’s designated bank account through E-NACH, ECS, or any other lawful electronic mechanism.

b) Such debit may be initiated after two (2) consecutive payment failures from the Licensee’s account, without further consent or notice to either the Licensee or the Guarantor.

c) Any amount recovered from the Guarantor shall be treated as lawful recovery of dues and shall not prejudice the Licensor’s right to take further civil, contractual, or statutory action against the Licensee.

5.3 Cancellation or Withdrawal of Guarantorship

a) The Guarantor may seek cancellation or withdrawal of guarantorship only for valid and reasonable grounds, by providing prior written intimation to the Licensor through email at accounts@ivynestapartments.com.

b) Such withdrawal shall be subject to:

  • Clearance of all outstanding dues of the Licensee;
  • Acceptance and confirmation by the Licensor; and
  • Arrangement of an alternative guarantor or security, if required by the Platform.

c) No withdrawal of guarantorship shall operate retrospectively or affect liabilities incurred prior to formal acceptance of cancellation by the Licensor.

5.4 Eligibility and Advisory on Acting as Guarantor

a) A Guarantor may be any competent individual with an independent and valid bank account, including but not limited to a parent, spouse (with a separate account), sibling, relative, friend, or other trusted individual.

b) The Guarantor acknowledges that acting as a guarantor involves financial risk and legal responsibility, and confirms that they are willing, capable, and financially equipped to meet repayment obligations on behalf of the Licensee, if required.

c) The Licensor shall not be responsible for disputes or arrangements between the Licensee and the Guarantor.

5.5 KYC, Data Submission, and Compliance

a) The Guarantor shall be required to submit Know Your Customer (KYC) documents and details through the digital portal, including but not limited to:

  • PAN Card
  • Aadhaar Card or other officially valid identity documents
  • Bank account details
  • Contact and address information

b) All Guarantor data shall be collected, processed, stored, and protected in accordance with:

  • The Digital Personal Data Protection Act, 2025
  • The Information Technology Act, 2000
  • The Platform’s Privacy Policy and Data Protection framework

c) Failure to provide accurate or complete KYC information may result in rejection of the guarantor arrangement or suspension of services.

6. Cancellation Process

6.1 Initiation of Cancellation Request

To cancel any subscription, product, or service availed through the Platform, the Licensee must initiate a formal cancellation request by either:

a. Sending a written request to support@ivynestapartments.com from the registered email address; or
b. Submitting a cancellation request through the Ivy Nest Mobile Application or user dashboard, as applicable.

Upon successful submission, the Licensee shall be issued a Cancellation Request Number, which shall serve as the official acknowledgment and reference for all future correspondence.

6.2 Service-Specific Cancellation Conditions

The acceptance, effectiveness, and consequences of cancellation shall depend upon:

  • The nature of the product or service;
  • Whether the service is subscription-based, one-time, short-term, or long-term;
  • The stage of service delivery or booking confirmation; and
  • The specific cancellation terms displayed on the Platform at the time of purchase.

Detailed service-wise cancellation conditions, including timelines, deductions, and refund eligibility, shall be made available on the Mobile Application / Website, and the Licensee agrees to be bound by the same.

6.3 Verification and Approval of Cancellation

Upon receipt of a cancellation request, the Licensor shall:

a. Verify the authenticity and validity of the request;
b. Examine compliance with applicable policy conditions; and
c. Assess whether operational, vendor, or statutory commitments have already been incurred.

If the request is found to be genuine, compliant, and eligible, the Licensor shall proceed with cancellation of the relevant product or service within a reasonable time.

If the request is found to be ineligible, time-barred, or non-compliant, the Licensee shall be informed accordingly, with reasons.

6.4 No Automatic Right of Cancellation

The Licensee expressly acknowledges that submission of a cancellation request does not, by itself, create an automatic right to cancellation or refund. All cancellations remain subject to:

  • This Policy;
  • The specific service terms; and
  • Applicable statutory provisions.

6.4 No Automatic Right of Cancellation

The Licensee expressly acknowledges that submission of a cancellation request does not, by itself, create an automatic right to cancellation or refund. All cancellations remain subject to:

  • This Policy;
  • The specific service terms; and
  • Applicable statutory provisions.

6.5 Statutory Consumer Rights

Nothing contained in this clause shall prejudice any mandatory consumer rights available to the Licensee under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, or any binding judicial or regulatory directions.
Where the law mandates cancellation or refund, the same shall be processed strictly in accordance with such legal requirements.

7. Exceptions

7.1 Policy Exceptions

Ivy Nest Apartments hereby expressly declares and notifies the Licensee/User that the following exceptions shall apply to this Refund & Cancellation Policy. These exceptions are material contractual terms, and acceptance of this Policy constitutes unconditional agreement to the same.

7.1.1 Late Cancellation Exception

No refund shall be initiated, processed, or entertained where a cancellation request is made less than six (6) hours prior to the scheduled commencement of the service, check-in time, occupancy start, or service delivery window, as applicable.

The Licensee expressly acknowledges that, at such stage, operational, logistical, vendor, and administrative costs are irreversibly incurred, rendering refunds commercially and practically unviable.

7.1.2 Incorrect Booking Details

Refunds shall not be processed where the booking has been made with incorrect, inaccurate, incomplete, or erroneous details, including but not limited to:

  • Wrong person or occupant details;
  • Incorrect property, location, or accommodation selection;
  • Incorrect dates, duration, or category of service; or
  • Any booking error attributable solely to the Licensee/User.

The responsibility for verifying booking details prior to confirmation rests entirely with the Licensee.

7.1.3 Partner / Vendor Non-Compliance

The Platform operates as a technology intermediary and OTA aggregator, and certain services are fulfilled by third-party partners, licensors, or vendors.

Accordingly, both Ivy Nest Apartments and the Licensee shall be strictly bound by the terms, conditions, house rules, and policies of such partners or vendors.

Where a Licensee violates, breaches, or fails to comply with any condition imposed by the concerned partner or vendor, including but not limited to conduct rules, occupancy restrictions, documentation requirements, or usage limitations, no refund shall be processed.

7.1.4 Partner / Vendor Non-Compliance

The Platform operates as a technology intermediary and OTA aggregator, and certain services are fulfilled by third-party partners, licensors, or vendors.

Accordingly, both Ivy Nest Apartments and the Licensee shall be strictly bound by the terms, conditions, house rules, and policies of such partners or vendors.

Where a Licensee violates, breaches, or fails to comply with any condition imposed by the concerned partner or vendor, including but not limited to conduct rules, occupancy restrictions, documentation requirements, or usage limitations, no refund shall be processed.

7.1.5 Misuse, Misrepresentation, or Fraud

No refund shall be processed where cancellation is sought due to:

  • Misrepresentation of facts;
  • Suppression of material information;
  • Attempted misuse of refund mechanisms; or
  • Any fraudulent, abusive, or manipulative conduct.

Such conduct may also result in account suspension, termination, or legal action, without prejudice to other remedies available under law.

7.1.6 Statutory Override

Notwithstanding the above exceptions, where a refund is mandatorily required under applicable law, judicial order, or regulatory direction, Ivy Nest Apartments shall comply strictly to the extent required by such mandate and no further.

8. Response Time

8.1 Standard Refund Processing Timeline

Once a refund request is duly verified, approved, and completed from Ivy Nest Apartments’ internal systems, refunds are ordinarily processed within seven (7) Business Days, excluding weekends and public holidays.

This timeline commences only after completion of all internal verification, compliance, and reconciliation procedures.

8.2 Credit / Debit Card Refund Timelines

Where payments are made via credit card or debit card, the Licensee acknowledges that:

  • The refund may take one (1) to two (2) billing cycles to reflect in the account; and
  • The timeline is subject to the issuing bank’s internal processes and policies.

Ivy Nest Apartments shall not be liable for delays attributable to card networks, issuing banks, or payment gateways. Notification of refund initiation shall be sent via registered email.

8.3 UPI and Bank Transfer Refunds

For payments made through UPI, IMPS, NEFT, RTGS, or direct bank transfer, approved refunds shall ordinarily be credited to the Licensee’s bank account within seven (7) working days from the date of refund initiation.

8.4 Banking and Third-Party Delays

The Licensee expressly acknowledges that refund timelines may be affected by:

  • Banking system outages;
  • Payment gateway or intermediary delays;
  • Regulatory compliance checks; or
  • Force majeure events impacting financial infrastructure.

Ivy Nest Apartments shall not be liable for any delay, error, or failure in refund processing caused by banks, payment service providers, or third-party intermediaries beyond its reasonable control.

8.5 No Interest Liability

No interest, compensation, or penalty shall be payable by Ivy Nest Apartments for delays in refunds that occur due to banking processes, third-party systems, or statutory compliance requirements, except where expressly mandated by applicable law.

8.6 Audit and Record Retention

All refund requests, processing actions, communications, and confirmations shall be electronically recorded and retained in accordance with:

  • The Information Technology Act, 2000;
  • Applicable data protection laws; and
  • Internal audit and compliance frameworks.

9. Refusal of a Cancellation or Refund Request

9.1 Right to Refuse Non-Compliant Requests

Ivy Nest Apartments expressly reserves the right to refuse, reject, deny, or cancel any cancellation or refund request where such request:

(a) is not in compliance with this Refund & Cancellation Policy, the Terms of Use, the User Agreement, or any other applicable Platform policy;
(b) is contrary to Applicable Laws, statutory provisions, regulatory requirements, or judicial directions in force at the relevant time;
(c) is submitted beyond the prescribed timelines, notice periods, or eligibility conditions set out herein; or
(d) arises from circumstances expressly excluded under the “Exceptions” clause or any other exclusionary provision of this Policy.

The Licensee/User expressly acknowledges that compliance with this Policy is a condition precedent to the consideration of any cancellation or refund request.

9.2 Platform Discretion Subject to Law

It is hereby expressly agreed and acknowledged by the Licensee/User that the acceptance, processing, or rejection of any cancellation or refund request shall be determined by Ivy Nest Apartments in accordance with this Policy, internal verification procedures, and Applicable Laws.

While Ivy Nest Apartments retains contractual discretion to evaluate such requests, such discretion shall be exercised in a reasonable, non-arbitrary, and legally permissible manner, consistent with:

  • The Consumer Protection Act, 2019;
  • The Consumer Protection (E-Commerce) Rules, 2020; and
  • Principles governing electronic contracts under the Indian Contract Act, 1872.

9.3 Grounds for Rejection

Without limitation, Ivy Nest Apartments may lawfully refuse a cancellation or refund request in cases including but not limited to:

(a) False, misleading, incomplete, or inconsistent information provided by the Licensee/User;
(b) Misrepresentation, concealment, or suppression of material facts at the time of booking or thereafter;
(c) Breach of Platform rules, house rules, partner/vendor policies, or occupancy conditions;
(d) Misuse or abuse of the cancellation or refund mechanism;
(e) Fraudulent intent or suspicious transaction patterns;
(f) Non-payment of dues, outstanding charges, penalties, or recoverable amounts; or
(g) Circumstances where services have already commenced, been substantially performed, or rendered irreversible.

9.4 Intermediary and OTA Limitation

The Licensee expressly acknowledges that Ivy Nest Apartments operates as a technology intermediary and OTA facilitator, and certain services are delivered by third-party licensors, property owners, or vendors.

Accordingly, where cancellation or refund refusal arises due to partner-specific terms, vendor policies, or third-party constraints, Ivy Nest Apartments shall not be held liable beyond the extent required under Applicable Laws.

9.5 No Automatic Entitlement

The Licensee/User expressly agrees that submission of a cancellation or refund request does not create an automatic or vested right to a refund.

Refunds, where permitted, are conditional, policy-based, and subject to verification, and shall only be granted where eligibility criteria under this Policy are fully satisfied.

9.6 Statutory Override and Consumer Rights

Nothing contained in this clause shall operate to limit, exclude, or override any non-waivable statutory right available to the Licensee/User under Applicable Laws.

Where a refund or cancellation is mandatorily required by law, regulatory authority, or a court of competent jurisdiction, Ivy Nest Apartments shall comply strictly to the extent so required.

9.7 Finality of Platform Decision

Subject always to Applicable Laws and statutory remedies, the decision of Ivy Nest Apartments regarding acceptance or refusal of a cancellation or refund request, based on this Policy and recorded reasons, shall be final and binding.

9.8 Without Prejudice Clause

Refusal of a cancellation or refund request shall be without prejudice to:

  • Ivy Nest Apartments’ right to recover dues, damages, penalties, or costs;
  • The right to suspend or terminate user access; and
  • Any civil, contractual, or statutory remedies available under law.

10. Contact and Grievance Communication

10.1 Grievance and Account-Related Queries

For any account-related queries, refund clarifications, or grievances arising out of this Policy, the Licensee/User may contact the Licensor at the following official address:

IVY Nest Apartments

grievance@ivynestapartments.com

All communications must be sent from the registered email address or mobile number of the Licensee for verification and security purposes.