Nestaway Technologies Private Limited (hereinafter referred to as “NESTAWAY”) is concerned about the usage by its Users (hereinafter referred to as “USER”), of its Website (“Website”) located at https://www.nestaway.com and has provided this Terms of Use statement (hereinafter referred to as “TOU”) to familiarize the User with it.
Acceptance of Terms
The services that Nestaway provides to User are subject to the following TOU. Nestaway reserves the right to update the TOU at any time without notice to User.
A. This Agreement, which incorporates by reference other provisions applicable to use of Website, including, but not limited to, terms and conditions set forth hereof governing the use of certain specific material contained in Website, sets forth the terms and conditions that apply to use of the Website by User. By using Nestaway’s Website and Services it offers including download areas, communication forums and services (Collectively “Services”), User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. Nestaway shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Changed Terms
Nestaway shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Description of Services
Through its Website, Nestaway provides User with access to variety of resources, and services such as listing the User’s property for the purpose of rent/lease, posting User’s requirement for a house/property for rent/lease, preparing lease/rental agreements, collecting monthly rent, collecting security deposit etc. The services, including any updates, enhancements, new features, and/or the addition of any new Website, are subject to the TOU.
User Conduct
A. User shall use Website for lawful purposes only. User shall not post or transmit through Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by User that in Nestaway’s discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. User shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with Nestaway.
B. Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, videos, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the Trademark and Copyright laws of India. Nestaway owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
C. User shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
Use of Services
The Services may contain email services, chat areas, forums, personal profile pages, photos, and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not use the communication services for surveys, junk emails, etc,; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; Commit an act including, but not limited to publishing, posting, uploading inappropriate, profane, obscene photos, videos or any other material or information that is unlawful under the laws of India; Use any material or information that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed.
Nestaway reserves the right to review materials posted to the communication Services and to remove any material in its sole discretion. Nestaway reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Nestaway reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nestaway’s sole discretion.
Users are advised to use caution when giving out any personally identifiable information in any Communication Services. Nestaway does not control or endorse the content, messages or information found in any Communication Services, and therefore, Nestaway specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Nestaway spokespersons, and their views do not necessarily reflect those of Nestaway.
Member Account, Password and Security
If any of the Services requires User to open an account, User must complete the registration process by providing Nestaway with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and User’s account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Nestaway immediately of any unauthorised use of User’s account or any other breach of security. Nestaway will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge .However, User could be held liable for losses incurred by Nestaway or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
Disclaimer regarding Software, Documents and Services available on this Website
In no event shall Nestaway and/or its respective suppliers shall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of performance of software, documents, provision of or failure to provide services, or information available from the services.
Details provided to Nestaway or Posted at any of its Websites
Nestaway does not claim ownership of the materials User provides to Nestaway (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Nestaway and its affiliated companies permission to use User’s Submission in connection with the operation of their Internet businesses including, without limitation, the licenses rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the services.
Disclaimer of Warranty; Limitation of Liability
A. User expressly agrees that use of the Website is at User’s Sole risk. Neither Nestaway, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; Nor do they make any warranty as to the results that may be obtained from the use of the website, or, as to the accuracy, reliability or content of any information, service, or merchandise provided through the website.
B. Website is provided on an “As is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that Nestaway is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
D. In addition to the terms set forth above, Nestaway, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the website, or for any other claims or losses arising therefrom or occasioned thereby.
Unsolicited Idea Submission Policy
Nestaway or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Nestaway’s products or marketing strategies might seem similar to ideas submitted to Nestaway. If such unsolicited ideas are sent, despite our request that you should not send us your ideas, please understand that Nestaway makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Monitoring
Nestaway shall have the right but not the obligation, to monitor the content of the website, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by Nestaway and to satisfy any law, regulation or authorised government request. Nestaway shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Website. Without limiting the foregoing, Nestaway shall have the right to remove any material that Nestaway in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification
User agrees to defend, indemnify and hold harmless Nestaway, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of Nestaway by user or User’s Account.
Termination
Either Nestaway or the User may terminate this Agreement at any time. Nestaway shall have the right to immediately terminate the User’s Account in the event of any conduct by User which Nestaway, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.
Intellectual Property
All copyrights and trademarks held by Nestaway with respect to its logos and content posted on the Website by Nestaway etc are the intellectual properties of Nestaway and all rights are reserved on the same.
Miscellaneous
This Agreement and any operating rules for Nestaway established by Nestaway constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India.
Privacy Policy
Objective, Scope and Applicability of the Policy The privacy policy (“Policy”) is applicable to the online interfaces of NestAway Technologies Pvt Ltd. (“Nestaway”, “us”, “we” or “our”) including www.nestaway.com, the mobile site/applications (including but not limited to the Nestaway, Milo, or any other app) for iOS, Android, or any other windows operating system (collectively referred to as “Site”). The purpose of this Policy is to describe how Nestaway collects, uses, maintains and shares information about you (“user” or “you” or “your”) on account of you accessing and using the Site. This information may include but is not limited to any information you upload, emails that you exchange with Nestaway and other users of the Site and any information submitted/ provided by you to Nestaway.
We recognize the importance of your privacy and we are committed to ensuring that you are aware of how your information is being used. Please read this Policy carefully to understand how we collect and use your information. Your use of the Site is also governed by our Terms of Use. You are free to use the Site only if you agree with our policies and practices encapsulated in this Policy read in conjunction with the Terms of Use.
By using the Site and/or by providing your information to us, you consent to the collection and use of the information you disclose on the Site in accordance with this Policy. If you wish to contact Nestaway in connection with any matter relating to this Policy or privacy related issues you may send an email to data.privacy@nestaway.com. Alternatively, you may raise your concern using your Account (as defined below).
By browsing, visiting, accessing and/or using the services on the Site, you consent and agree to the terms of Nestaway’s Policy as detailed herein.
You also agree that the information furnished by you is lawful, true and correct and does not violate or infringe any laws. In case of any violations, infringement, furnishing of wrongful or unauthorized information, Nestaway shall not be liable to you or to any third party for the same.
We use data collection devices such as "cookies" on certain pages of the Site to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. The term "cookies" means small files placed on your hard drive that assist us in providing our services. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site. Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. Nestaway does not control the use of cookies by third parties.
Types/ Nature of Information we Collect: There are three (3) general categories of information we collect.
A. Information you provide us, to enable your use of the Account/Site B. Information you choose to give us C. Information that is necessary for the payment related services
Further to each of the aforementioned categories set out in Section II: Sub-Section A, B and C above we collect the following types of information from you (collectively referred to as “Information”) “Personally Identifiable Information” - information that could be used to identify you such as, your name, email address, age, gender, IP addresses and other similar information; “Sensitive Personal Information” such as passwords in encrypted form and secured financial/ payment related information; “Non-Personal Information” - information that cannot be used to identify you such as the webpages that you have viewed and your usage patterns; and (iv) “Device Information”- information which is automatically collected about the device from which the Site is used.
Information you provide Nestaway to enable your use of the Account/Site We ask for and collect the following Personally Identifiable Information and Sensitive Personal Information about you when you use the Site. This information is necessary for performance of the agreement between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
Account Information. In order to use certain features on the Site, Nestaway may require you to create a user account (“Account”) which shall include your user profile (“Profile”). When you opt to create such an Account and sign /click on “I Accept” in respect of the creation of an Account, we require you to provide certain Personally Identifiable information such as your first name, last name, email address, date of birth, place of birth, employer name, phone number, interests, and depending on the nature of services you avail, information pertaining to your gender and marital status.
Profile and Listing Information. In addition to (i) above, in order to use certain features on the Site (such as booking or creating a listing), we may ask you to provide certain additional Personally Identifiable Information, which may include your address, phone number, and a profile picture.
Identity Verification Information. To help create and maintain a trusted environment, we may collect certain Personally Identifiable Information in order to verify your identity, such as images of specified government issued identification, including passport, national ID card, or driving license, or any other information as may be required to verify your identity .
Payment Information. In addition to the foregoing, in order to use certain other features on the Site (such as booking or creating a listing), we may require you to provide certain financial information (as more particularly described in sub section C below) in order to facilitate the processing of payments.
Communications with Nestaway and its affiliates and authorised service providers/agents or other users. When you communicate with Nestaway or use the Site to communicate with Nestaway’s affiliates and authorised service providers/agents or when you communicate with other users of Nestaway, we collect all such correspondence, information about your communication and any additional information you choose to provide.
Information you choose to give us You may choose to provide us with additional Personally Identifiable Information in order to obtain a better user experience when using Nestaway.
Additional Profile Information. You may choose to provide additional Personally Identifiable Information as part of your Profile (preferred language(s), city, and a personal description). Some of this information as indicated in your account settings is part of your public profile page and will be publicly visible to others.
Address Book Contact Information. You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the Nestaway.
Other Information. You may otherwise choose to provide us Information when you fill in a form, conduct a search, update or add information to your Account, respond to surveys, post to community forums, participate in promotions, or use other features/ functionalities of the Site.
Information that is necessary for the payment related services Nestaway needs to collect the following Sensitive Personal Information, as it is necessary for the adequate performance of its agreements with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use payment services offered by Nestaway on the Site:
Payment Information. When you use any payment services on the Site, certain financial information may be required to facilitate the processing of such payments. You are to note that Nestaway engages with third party payment service providers in order to enable you to process your payments in connection with the use of Nestaway’s services. You will be required by such third-party payment service providers to provide certain Sensitive Personal Information. Please note that to this extent, you will be subject to the terms of use and privacy policy that is maintained by such third-party service provider.
Identity Verification and Other Information. In connection with the collection of payment information and processing your payments we may also require certain information using which we can verify your identity (such as images of your specified government issued identification including passport, national ID card, or driving license) or other authentication information/KYC documents, your date of birth, your address, e-mail address, phone number and other information (such as your invoice amount, e-mail id and contact number) in order to verify your identity, provide the payment services to you, and to comply with applicable law.
Sharing your information: We share your Information within Nestaway’s group companies and with other persons, service providers and entities who help us provide services to you (e.g. accommodation provider, services partner, social community partner etc). We only share your information in accordance with the applicable law. In the interest of clarity, we share your Information for the purposes set out in this Policy, with the following categories of recipients:
Within Nestaway’s group of companies in relation to its business purposes; With accommodation managers/landlords of property(ies) or with tenants/ prospective tenants or occupants as the case may be to enable providing the services you request; We use a variety of third-party service providers and vendors to help us provide products and services related to Nestaway, including curated community apps, utilities and services related to living (water, laundry, mobility etc.), and payment services. For example, service providers which assist us to: (i) verify your identity or authenticate your identification documents; (ii) verify information against that which is available on public databases; (iii) conduct background or police checks, fraud prevention, and risk assessment; (iv) perform product development, software and website maintenance and debugging; (v) allow the provision of Nestaway services through third party platforms and software tools (e.g. through the integration with our API’s); or (vi) provide customer service, advertising, or payments services. These providers have access to your information to the extent required to perform these tasks on our behalf and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Policy.
With persons/entities that own/ manage other applications or websites that integrate with our API or services, or those with an API or service with which we are integrated or choose to integrate in future;
Other members of curated networks of Nestaway tenants, users and employees if you submit content in such a forum/network, such as blog comments, social media posts, pictures or other content which are viewable by members of such curated networks.
The general public, if you submit content in a public forum, such as blog comments, social media posts, or other features of our services that are obviously viewable by the general public. For example, you may choose to use social sharing features and related tools which let you share details pertaining to your Nestaway experience with other applications, sites, or media, and vice versa. Your use of these features enables the sharing of Information with your friends or the public, depending on your social sharing service settings. Please refer to the privacy policies of those social sharing services for more information about how they handle the information you provide to or share through them;
Third parties where we have a duty to or are permitted to disclose your Information by law (e.g. law enforcement officials, government authorities);
With the police in the exercise of their functions or with others as required by a court order;
Third parties where we or any Nestaway group company, sell or buy any business or assets, in which case we may disclose your Information to the prospective seller or buyer of such business or assets;
Third parties in connection with any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of Nestaway or any of the Nestaway group company’s business, in which case Information held by it you may be one of the transferred assets.
Note where we share your Sensitive Personal Information or Personally Identifiable Information, appropriate protections will be in place to protect such information as required by applicable data protection laws. Sometimes, we may share Information in an aggregated, pseudonymised and/or anonymised form which cannot reasonably be used to identify an individual.
Purposes for which we use your Information: Correspondence/communication with you pursuant to you registering an Account or your usage of the Site;
Verification of your Account;
Ensuring that the content on the Site is presented in the most effective manner for you and for your device;
To provide you with newsletters, information, products or services that you request from us which we feel may interest you, where you have consented to be contacted for such purposes;
To notify you about changes to the Site, this Policy or the Terms of Use;
For the purpose of studying your usage patterns;
For analytical purposes, including but not limited to assessing usage data, usage patterns, estimate audience sizes and other similar activities;
In any other manner we may describe when you provide the Information;
Detection and prevention of fraud, spam, abuse, security incidents, and other harmful activity;
Conducting security investigations and risk assessments;
Verification or authentication of the information or identifications provided by you (such as to verify your accommodation address or compare your identification photo to another photo you provide);
Conducting checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required;
Compliance with our legal obligations and applicable laws;
Compliance and monitoring of our contractual obligations towards you;
Resolution of any disputes with you or any of our users s and enforce our agreements with third parties.
In connection with the activities above, we may conduct profiling based on your interactions with Nestaway, your Profile information and other content you submit, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to Site, if such processes detect an activity that we think poses a safety or other risk to Nestaway, other users, or third parties.
By accepting this policy you agree to receive communications via WhatsApp.
DATA SECURITY The Information that you provide, subject to disclosure in accordance with this Policy and Terms of Use, shall be maintained in a safe and secure manner. Nestaway’s databases and Information are stored on secure servers with appropriate firewalls owned by Nestaway or by third parties.
Nestaway gives the user right to withdraw his consent by sending an email at data.privacy@nestaway.com
Given the nature of internet transactions, Nestaway does not take any responsibility for the transmission of Information including the Information you provide to Nestaway. Any transmission of your Information on the internet is done at your risk. Nestaway does not take any responsibility for you or any third party circumventing the privacy settings or security measures contained on the Site.
While Nestaway will use all reasonable efforts to ensure that your Information is safe and secure, it offers no representation, warranties or other assurances that the security measures are adequate, safe, fool proof or impenetrable.
You acknowledge that as a registered user you are responsible for maintaining the security of your Account such as your Account login credentials and passwords, and that you should not provide these credentials to any third party. If it comes to your knowledge that or if you have reason to believe that your Account credentials have been stolen or been made known to others, you must contact us immediately at data.privacy@nestaway.com. You acknowledge that you are responsible for all acts done, using your Account login credentials. Nestaway is not responsible if someone else accesses your Account on account of your failure to maintain security of your Account credentials.
. Your Rights: Managing Your Information You may access and update your Personally Identifiable or Sensitive Personal Information through your Account settings. Please note that you do not have the option to connect to third party applications using your Account. Do note however, Nestaway reserves the rights to save any Non-Personal, Device Information and usage Information and you are not entitled to seek the deletion of the same.
Nestaway at its sole discretion may permit or deny the change of any Information, if it is believed such Information is required to comply with applicable laws.
Rectification of Inaccurate or Incomplete Information You have the right to ask us to correct inaccurate or incomplete Personally Identifiable Information or Sensitive Personal Information concerning you (and which you cannot update yourself within your Account) by contacting data.privacy@nestaway.com.
Data Retention and Erasure We retain your Information as long as it is required for it discharge its obligations towards you and/or as may be required under law. However, there may be circumstances that mean we must retain your personal information for longer (e.g. in the event of a dispute or if you make a claim in relation to a booking). We may retain some of your Personally Identifiable information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. Information you have shared with others (e.g. reviews, forum postings) may continue to be publicly visible on the Site, even after your Account is cancelled.
International Privacy Rights Nestaways’s Sites and/or databases are operated and managed on servers that may be located and operated in different jurisdictions. By using and accessing the Site, you consent to the transfer to and processing of your Information including the Sensitive Personal Information and the Personally Identifiable Information, on servers that may be located in a jurisdiction different from where you are located, and that the protection of such Information may be different than required under the laws of your residence or location.
Age restrictions The Site is only intended for users who are competent to contract under applicable law. If you are not of the requisite age, you are not to provide any Personally Identifiable Information or Sensitive Personal Information. If it comes to Nestaway’s attention that any such information pertains to an individual who is not competent to contract under applicable law, such Information may be deleted without notice to you.
Amendments to the Policy This Policy is subject to change at Nestaway’s sole discretion. Any changes to the Policy will be notified by way of a notice on the home page.
Terms of Use This Policy shall form a part of the Terms of Use.
Data protection contacts If you have any questions, comments, complaints or suggestions in relation to this Policy, or any other concerns about the way in which we process information about you, please contact our Grievance Redressal Officer (detail mentioned below) at data.privacy@nestaway.com. We shall endeavour to address all requests/complaints within thirty (30) days from the date of such a request/complaint being made.
Rajneesh Jaswal Grievance Redressal Officer email: data.privacy@nestaway.com
This Policy has been last updated on 8th May, 2019.
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