Terms of Use | Terms of Payment

This document constitutes an electronic record under the Information Technology Act, 2000, and relevant rules and amendments pertaining to electronic records, as per the applicable provisions of the Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is created in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of rules, regulations, Privacy Policy, and Terms of Use for the access and usage of services through the domain and sub-domains of Nest UP PG at nestuppg.in.

The domain and its sub-domains are owned by Nest UP PG (under the brand name "Nest UP PG"). Nest UP PG operates, controls, and manages the services (defined below) from its registered office at 803/C Wing Indian Ocean, Sagarcity, Andheri West, Mumbai, 400058 (hereinafter referred to as "Nest UP PG").

The most recent update to this Terms of Use agreement was made on 26 November 2024, and it is effective from this date.

Definitions

  • “Data” refers to any form of information, facts, concepts, or instructions prepared for processing in a computer system or network, including formats such as printouts, magnetic or optical media, punched cards, or internal memory storage.
  • “Information” encompasses data, messages, text, images, sounds, voice, codes, computer programs, software, databases, microfilm, or other forms of content.
  • “Password” means any code, passphrase, encryption key, or secret word used to access restricted information.
  • “Personal Information” refers to data that relates to a natural person and can identify such person either directly or in combination with other data..
  • “Services” includes accommodation, residence, housekeeping, food services, and other associated services provided during your stay at Nest UP PG.
  • “Sensitive Personal Data or Information” includes financial details, health conditions, sexual orientation, medical history, biometric data, and other sensitive personal data.

Acceptance of Terms

PLEASE READ THE TERMS OF USE CAREFULLY.

All references to "you," "your," or "user" in these terms refer to the person accessing or participating in the Platform. This includes parents or guardians of minors (individuals under 18 years of age). If you are a minor, you must ensure that your parent/guardian agrees to these Terms of Use and enforces them on your behalf

By using, registering for, or participating in the Platform and its services, you confirm that:

  • You have the authority to enter into this agreement.
  • You agree to abide by the Terms of Use and any related documents.
  • If you do not agree with these terms, please stop using the Platform immediately.
  • You affirm that you are either:

  • At least 18 years of age and legally capable of entering into a binding contract, or
  • A parent/guardian of the minor using the Platform and have the legal right to bind the minor by these Terms.

Modifications to Terms of Use and Privacy Policy

Nest UP PG reserves the right to modify or amend the Terms of Use at its discretion. The latest version will be posted at nestuppg.in, and it is your responsibility to review the updated Terms. Your continued use of the Platform after such changes indicates your acceptance of the updated Terms.

Privacy Policy

The Privacy Policy explains how Nest UP PG collects, stores, and uses your personal information. It is incorporated into these Terms and governs your use of the Platform. For any concerns or issues related to your data, please review the Privacy Policy at: https://nestuppg.in/privacy-policy.

Membership and Accessibility

License to Access

Nest UP PG grants you a non-exclusive, revocable license to use the Platform under the Terms of Use. You agree:

  • Not to copy, distribute, or create derivative works of any part of the Platform without written consent from Nest UP PG.
  • Not to modify any part of the Platform unless necessary for your intended use.
  • To comply with all applicable laws and the Terms of Use while using the Platform.

Membership Eligibility Criteria

By using the Platform, you affirm that:

  • You are at least 18 years of age, or you have obtained parental or guardian consent.
  • The information you provide is accurate, complete, and truthful.
  • You will keep your details up to date and comply with all relevant laws and regulations.

Your account may be suspended or terminated at the sole discretion of Nest UP PG if any of these conditions are violated.

To access the Platform, you must create a password-protected account. You are required to provide your name, email, and phone number during registration. Additional information is optional but may help customize your experience on the Platform. You may also register using third-party login credentials if offered.

You are responsible for maintaining the security of your account and for all actions that occur under your account. If you notice any unauthorized access, you must inform Nest UP PG immediately.

Member Conduct

Prohibited Content

You agree not to upload, share, or post content that:

  • Misrepresents the origin or impersonates others
  • Invades privacy or collects personal data without consent.
  • Contains falsehoods or harmful material that may damage Nest UP PG or others.
  • Is illegal, discriminatory, offensive, or otherwise damaging.
  • Violates intellectual property rights without authorization.
  • Involves illegal or unauthorized copies of third-party content..
  • Engages in harassment, defamation, or threats.
  • Distributes malicious software like viruses or malware.

Nest UP PG reserves the right to remove any content that violates these Terms or is deemed inappropriate, at its sole discretion and without prior notice.

Feedback and Disputes

By participating on the Platform, you agree to provide feedback responsibly. Nest UP PG may take the following actions, at its discretion:

  • Cancel your Feedback or postings.
  • Limit your account privileges.
  • Suspend your account or adjust your status based on Feedback.

In the event of disputes regarding Feedback, Nest UP PG will be the final arbitrator, and it reserves the right to remove or manage Feedback as it sees fit.

Prohibitions with Respect to the Platform

You agree to comply with the following rules (the "Account Policies"):

  • Do not copy, distribute, or create derivative works of any part of the Platform without prior written consent from Nest UP PG.
  • Provide truthful, accurate, and up-to-date information during account creation and maintain the accuracy of such details throughout the term of this agreement.
  • Do not use automated tools (such as "robots," "spiders," "scrapers," etc.) to access the Platform without Nest UP PG’s explicit consent.
  • Do not collect or harvest personal data, including contact details, without consent, or misuse Platform information.
  • Avoid transmitting excessive requests to Nest UP PG servers, more than what is reasonable for a human user.
  • Refrain from actions that could disrupt the Platform’s operations or interfere with other users’ participation.

You agree not to use the Platform’s communication systems for unsolicited commercial purposes.

Prohibitions with Respect to the Platform

You agree to comply with the following rules (the "Account Policies"):

Use of Submitted Content

Consent for Use of Sensitive Personal Information

By submitting sensitive personal information, you grant Nest UP PG permission to collect, store, and use this information in accordance with the Terms. Nest UP PG is not responsible for the accuracy of any personal or sensitive data you submit.

Confidentiality

You understand that by submitting content (including your profile or feedback), you are providing non-confidential and non-proprietary information. Nest UP PG is free to use, share, or distribute this content to facilitate its services.

Nest UP PG may also disclose your personal information if it believes such disclosure is necessary to comply with legal obligations, mitigate liabilities, or protect the rights of Nest UP PG or third parties.

Consent for Communication

By registering on the Platform or submitting your contact information, you opt out of the National Do Not Call Registry and authorize Nest UP PG and its partners to contact you through various communication channels (such as phone, email, SMS, etc.) for promotional, transactional, or other purposes.

Your Representations and Warranties

You represent that you own or have the necessary rights to any content you submit and that you have the necessary consent from any identifiable individuals to share their likeness or information. You agree to compensate any individual or entity that claims a right to the submitted content.

Ownership Rights and License to Nest UP PG

You retain ownership of your submitted content but grant Nest UP PG a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, or create derivative works based on your content. This license is perpetual and transferable and continues even if you remove the content from the Platform.

Nest UP PG reserves the right to modify, delete, or remove content as necessary, and the Platform may involve the transmission of content over multiple networks and the adjustment to meet technical requirements.

Nest UP PG's Right to Remove Content

Nest UP PG does not endorse submitted content and is not liable for any issues related to its accuracy, legality, or appropriateness. It reserves the right to remove content that infringes on intellectual property rights or violates any laws or regulations.

In cases of repeat infringement or violations, Nest UP PG may suspend or terminate the account of the responsible user. Nest UP PG also retains the right to decide whether any content is appropriate based on its discretion.

You are responsible for the content you submit, and Nest UP PG may review and remove content that violates these Terms or harms other users.

Suggestions

If you submit any suggestions, feedback, or ideas to Nest UP PG, you acknowledge that such submissions are non-confidential and non-proprietary. By submitting suggestions, you grant Nest UP PG the right to use, modify, and distribute your ideas without any obligation to compensate you or attribute your submission.

Nest UP PG is not obligated to implement or use your suggestions but may choose to do so at its discretion.

Nest UP PG respects intellectual property rights and has procedures in place for handling infringement claims. If you believe your work has been infringed, please submit the following information to nestuppayingguest@gmail.com:

  • Identification of the copyrighted work claimed to be infringed.
  • Information sufficient to locate the alleged infringing material.
  • A statement confirming your good faith belief that the use is unauthorized.
  • Your contact details (address, phone number, email).
  • A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the intellectual property owner.

PLATFORM MODIFICATIONS OR TERMINATION

Platform Changes or Discontinuation

Nest UP PG reserves the right, at any time and for any reason, to modify, suspend, or permanently discontinue the Platform (or any part thereof), with or without prior notice. You agree that Nest UP PG will not be held liable to you or any third party for any changes, suspensions, or discontinuation of its services.

Termination by Nest UP PG

You acknowledge that Nest UP PG has the sole discretion to deactivate, delete, or suspend your Account, block your email or IP address, cancel the Platform, or otherwise restrict or terminate your access to the Platform, or remove any Submitted Content, at any time and without notice. Such actions may be taken for reasons including, but not limited to, account inactivity or if Nest UP PG believes you have violated any of the Terms of Use.

Termination by You

Your access to the Platform is directly tied to your stay with Nest UP PG. Your use of the Platform will terminate upon the conclusion of your stay or when your stay expires.

Impact of Termination

Upon termination of your account, your access to the Platform will be immediately revoked. In the case of service termination, your account will be disabled, and you may not be able to access your account or any data contained within. However, residual data may remain in the system. If Nest UP PG has terminated your access, they will notify you by email if a valid email address was provided. The termination will be effective immediately upon notification.

After termination, all licenses granted to you will cease, and you must destroy any copies of Nest UP PG’s data, content, or materials in your possession. Nest UP PG is not liable for any consequences arising from the termination of your access to the Platform, and may continue to use data collected from your activity for internal analysis and archiving.

You agree to indemnify Nest UP PG from any claims or demands arising from the termination of services, including reasonable legal fees.

INTELLECTUAL PROPERTY RIGHTS

1. Ownership of Content and Marks

All content on the Platform (excluding Submitted Content) such as text, software, graphics, photos, audio, music, videos, interactive features, and trademarks ("Marks") is owned or licensed by Nest UP PG. Other trademarks, names, and logos found on the Platform belong to their respective owners.

Content provided on the Platform is for personal, non-commercial use only. You may not use, reproduce, distribute, or exploit any part of the content without obtaining prior written consent from the respective rights holder. Nest UP PG reserves all rights not expressly granted.

2. License to Use Data and Marks

Nest UP PG grants you a limited, revocable, non-transferable, non-sublicensable license to access and display the Nest UP PG data and content (excluding software source code) solely for personal use in connection with accessing the Platform. You may not copy, modify, or use content owned by other users or licensors for any commercial purposes.

DISPUTE RESOLUTION

In the event of a dispute, Nest UP PG encourages you to contact us first via email at nestuppayingguest@gmail.com to seek a resolution. If a dispute cannot be resolved informally, it will be resolved through arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in New Delhi, India, and English as the language of arbitration.

Any legal proceedings will be governed by the laws of India, and disputes will be exclusively handled in the courts located in New Delhi.

ADVERTISEMENTS

Certain aspects of the Platform and other services may include advertisements. Nest UP PG may display ads, but this does not imply endorsement of any advertised products or services. Nest UP PG is not responsible for any losses or damages resulting from transactions with advertisers featured on the Platform.

THIRD-PARTY LINKS AND RESOURCES

The Platform may contain links to third-party websites or resources, such as social media or blogs. Nest UP PG is not responsible for the availability or content of such external sites and does not endorse or assume any liability for any materials, services, or products provided by these third-party platforms. If you choose to interact or conduct transactions with third-party platforms, you do so at your own risk, and any communication should be directed to the respective third party.

DISCLAIMER OF WARRANTIES

By using the Platform, you acknowledge that your use is at your own risk. To the fullest extent permitted by law, Nest UP PG disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Platform, its services, content, and data are provided "as is," and Nest UP PG does not guarantee the accuracy, completeness, or reliability of any content, nor does it guarantee the security of its servers or the absence of malware or viruses. Nest UP PG is not liable for any damages arising from errors, interruptions, security breaches, or third-party conduct on the Platform.

LIMITATION OF LIABILITY

Nest UP PG, its officers, affiliates, and agents are not liable for any direct, indirect, incidental, special, or consequential damages, including lost business profits, arising from your use or inability to use the Platform. The total liability of Nest UP PG, in aggregate, shall not exceed the amount you paid for services during the last six months prior to the incident causing the damage.

Nest UP PG will not be liable for any force majeure events, such as natural disasters, wars, or strikes, that prevent the performance of services or delay transactions.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Nest UP PG, its affiliates, employees, and agents from any claims, damages, or expenses, including attorney’s fees, arising from your use of the Platform, violation of these Terms, or any infringement of third-party rights, including intellectual property rights.

NO THIRD-PARTY BENEFICIARIES

These Terms of Use do not confer any rights or benefits on third parties, except as otherwise provided.

NOTICE

Nest UP PG may provide notices to you via email, mail, or on the Platform itself. You agree to receive these notices and be bound by any changes communicated therein.

GENERAL INFORMATION

1. Entire Agreement

These Terms, along with the Privacy Policy and any additional legal notices or guidelines provided by Nest UP PG, constitute the entire agreement between you and Nest UP PG. If any provision is found invalid, the remaining provisions will continue in effect.

2. Section Headings

The section headings are provided for convenience only and do not have legal significance.

OFFERS AND DISCOUNTS

Nest UP PG offers discounts to new or first-time users through the 'Reserve Now' feature on the website.

  • By selecting this option, you can unlock discounts by paying a refundable 'Fee' and scheduling a visit to the property.
  • Upon successful onboarding, the discount applies to your first month's rent only.
  • If you do not proceed with onboarding after the property visit, you can request a refund of the 'Fee'.
  • The discount includes the 'Fee,' and it cannot be claimed separately.
  • The 'Reserve Now' option is valid only if the 'Fee' is received at least 12 hours before paying the final booking amount.

REFERRAL PROGRAM AND PAYOUT TERMS

  • No TDS will be deducted on the first Rs. 10,000 payout.
  • After cumulative payouts of Rs. 10,000, you can either continue with 20% TDS deductions or update your PAN details for a 3.75% TDS deduction.
  • The first payout beyond Rs. 10,000 will also account for TDS on the first Rs. 10,000.
  • Payouts are subject to referral guidelines and should not be based on existing leads in the database.
  • Nest UP PG reserves the right to amend referral terms at any time.

REMOTE BOOKING TERMS

If you're unable to visit a Nest UP PG property immediately, you may choose the remote booking option (available at select properties). The process includes:

  • Sharing your details on the website.
  • Confirmation of booking by a sales expert.
  • Payment of a token amount through the Resident App.
  • Property visit and room selection.
  • Final payment of the balance amount.

DISCLAIMER FOR FRAUDULENT ACTIVITIES

Beware of fraudulent entities pretending to represent Nest UP PG. We do not engage in unsolicited communication requesting payment or sensitive information. Verify authenticity before making payments. Nest UP PG is not liable for any damages resulting from fraudulent activities.

Please note:

- The room selection happens on a first-come-first-served basis and is subject to availability. We recommend you to come as soon as possible in order to have more options of rooms to select from.