Terms and Conditions

1. The Resident agrees and understands that while the Units / Rooms are allocated to him/her, specific beds in the said Unit / Room shall be allocated on a first-come first-serve basis, subject to the availability of such beds in the said unit / room in the Premises.

2. It is clarified herein that in the event the Resident, post the execution of the Booking Form and payment of the Total Advance Charges for the Unit: (i) does not show up at the Premises within 5 days from the date of moving in, as per the Booking Form; or (ii) after joining the Premises does not stay at the Premises for 21 consecutive days; the Company shall have the right to terminate this Agreement forthwith. The Resident agrees and understands that in such a case Clause 18 shall be triggered and automatically become applicable.

3. The Resident agrees to abide by and conform to the rules, regulations, applicable laws, House Rules, Policy on drug & substance abuse, directives, admin notices, privacy policy, Booking Form, and disciplinary policies along with any amendment(s) to the same, put in place by the Company, and / or mentioned on the website of the Company, and/ or communicated to the Resident vide email or through any other medium, in the discretion of the Company, including but not limited to, notice board, display, Booking Form, and / or under this Agreement; along with any rules and regulations mandated by the respective Resident Welfare Association/Local Governing Authority, as applicable for unhindered operation and management of the Unit and / or the Premises (hereinafter collectively referred to as the “Policies”).

4. The Resident shall pay a consideration (hereinafter referred to as the “Fee”), details and frequency of which is stipulated in the Booking Form the Resident agrees that such Fee shall be paid to the Company, either by bank transfer / deposit or any other mode of electronic/digital payment on or before the Due Date. The fee payable will be deemed due as soon as the invoice is raised. The Resident agrees that in addition to the regular Fee payable hereunder, during his / her stay at the respective Unit / Room, the Resident is also liable to pay an advance to the Company at the time of booking and such Advance Fee shall be adjusted during the Resident’s tenancy.

5. The Company shall offer other value-added services, which are optional and chargeable, to the Resident if required and subscribed to by the resident.

6. The Company may also provide food at the Premises, in its sole discretion It is agreed by the Resident that, he/she is under an obligation to pay charges, along with applicable GST, towards the provision of food (“Food Charges”), if the same is provided at the Premises by the Company. It is undertaken by the Resident that he/she is liable to pay advance food charges at the time of booking and upon the execution of Booking Form. Further, such Advance Food Charges shall be adjusted during the Resident’s tenancy.

7. Further, with respect to the value-added services (when and if opted in at the time of booking only), the Resident is liable to pay an additional service fee, for the value-added services opted in by him / her at the time of booking. However, in the event, value added services are subscribed to as on a later date, the same is subject to Clause 13.

8. The Resident agrees and undertakes to pay the electricity charges for his/ her consumption, as per the actual meter readings at the rates intimated by the Company, in the event the same is not included in the complimentary services.

9. The Resident further agrees, upon admission, to deposit an interest free, adjustable and partially refundable security amount with the Company, for the Resident Stay-in Period (“Security Amount”). It is agreed and understood by the Resident, that only the Security Amount shall be refunded to the Resident, post deducting the mandatory maintenance charge of Rupees Five Thousand Only/-irrespective of the duration of stay, and all dues & adjustments, if any, at the time of Expiry / early Termination by Resident, as per Clause 19.

10. The Company shall have the right to use and adjust the Security Amount paid by Resident against any unpaid / outstanding Fee , Late Payment Charges, Food Charges, other costs, penalties or damages caused to the Unit and / or Premises by the Resident.

11. Once the Resident has made payment of the Total Advance Charges and the Security Amount at the time of booking, has affixed their signature to this Agreement, provided valid KYC documents (self-attested copy of PAN Card and Aadhar/ Driving License/ Passport/ Voter ID Card) and completed all other move-in formalities, as required by the Company, the Resident shall be entitled to occupy the Unit along with the inventories and consume the services.

12. The Resident has accepted to stay in the Premises for a period of _______ months and these _____months will be treated as Lock-In Period. It is understood that if the resident vacates the premises before the completion of the Lock-In Period he/she will have to pay the entire fee as mentioned in the Booking Form. Any Advance paid by the Resident/Parent/Guardian will be completely/fully forfeited.

13. It is agreed and undertaken by the Resident that value-added services may either be opted in / opted out, vide an email / any mode, as intimated by the Company, subject to the conditions applicable to a respective value-added service. The Company, shall, upon receiving such request from the Resident of opting in to a value-added service, acknowledge the same. It is agreed and undertaken by the Resident that receipt of such acknowledgement from the Company, shall be considered as deemed acceptance by the Resident of making the payment towards the respective value-added service(s) opted in. It is clarified here that such request(s), by any of the aforementioned mode(s), shall be considered as a part of this Agreement. It is further clarified here that the Resident’s liability pertaining to making the payment towards an opted in value added service shall continue until the respective value-added service is opted out expressly by giving a 30 days’ advance written notice to the Company. It is further agreed by the Resident that the Company reserves the right to charge the complete fee /amount upfront for certain value-added services, to be decided by the Company in its sole discretion, at the time of opting in for such services only and the Resident shall not have any objection to the such upfront payment. In the event the Resident has any issue / concern with respect to any value-added service rendered at the Premises, such concern shall be raised vide email, no later than 48 hours of delivery of such value-added service. In the event the concern is not resolved within 15 days, the Resident shall inform the Company by sending an email.

14. It is clarified that with regards to the provision of any service, whether mandatory or value-added, which is provided by any third-party service provider, the Company will merely act as a facilitator, and shall not be liable, in any manner whatsoever, for the acts of such third-party service providers, pertaining, including but not limited, to, deficiency of services, statutory non-compliance and like.

15. It is agreed by the Resident, that in case of any delay in payment of Fee and / or Food Charges (“Delay”), the following may be noted: (i) For any Delay from the Due Date, the Resident shall be liable to pay an amount of Rs. Three Hundred Only per day for each day of such Delay (“Late Fee”); (ii) In the event the payment of Fee and / or Food Charges is not done by the Resident, till the completion of the 4th day from the Due Date, the Company shall have the right to terminate this Agreement forthwith after providing a notice period of 3 days, and the Resident shall be potentially subject to eviction. For the sake of clarity, it is provided herein that the Company shall have the right to terminate this Agreement for non-payment of Fee and / or Food Charges on the expiring of 7days from the Due Date and evict the Resident. In the event this Agreement is terminated in accordance with Clause 15(ii), the Resident shall be under the obligation to vacate the Unit and / or Premises on the day of expiry of the notice period of 3 days provided by the Company earlier and consequently Clause 18 shall be triggered and become applicable. It is also agreed and undertaken by the Resident that in the event there is a Delay in the payment of Fee / Food Charges beyond a period of 4 days from the Due Date for second consecutive month, the Company shall have the right to terminate this Agreement for cause mentioned in this Clause 15 forthwith, without providing any notice and evict the Resident, without incurring any liability. Consequently, Clause 18 shall be triggered and become applicable. The resident also agrees and understands that the food service being provided will be stopped immediately from the due date and the cupboard will be locked hence making it unusable for the resident. The cupboard will be unlocked and the food services will resume only upon complete receipt of the outstanding amount.

16. The Resident agrees and undertakes that in the event this Agreement is terminated before the expiry of the Lock-In Period, for any reason whatsoever, the Unit/Bed on the Premises is likely to remain vacant for the remaining period of the Resident Lock-In Period, due to which the Company shall suffer loss of revenue and hence the Security Amount along with any other amount paid by the Resident till the date of such termination, shall be forfeited and the consequences stipulated under Clause 18 shall immediately become applicable.

17. The Resident agrees and understands that Company may immediately terminate this Agreement for causes mentioned in this Clause 17 and seek eviction of the Resident in accordance with Clause 18, without providing any notice, on the occurrence of either of the following events / causes: (i) violation / breach of any or all of Policies; (ii) illegal activities being undertaken by the Resident, (iii) non-payment of License Fee and / or Food Charges on the expiration of 17 days from the Due Date (iv) Delay in the payment of Fee beyond a period of 7 days from the Due Date for second consecutive month (v) on account of the Resident tendering incorrect / false representations and warranties, (vi) breach of Resident’s obligations under this Agreement and / or the Booking Form, (vii) breach of any of the provisions mentioned either in this Agreement and /or the Booking Form, by the Resident (viii) in case the main lease / leave & license agreement with the owner of the property gets terminated, for any reason, whatsoever, (ix) the Resident does not show up at the Premises within 5 days from the date of moving in, as per the Booking Form; (x) the Resident after joining the Premises does not stay at the Premises for 21 consecutive days (xi) the Resident is found to use the Unit / Room in breach of Clause 21 (xii) on the occurrence of any force majeure event. It is agreed and undertaken by the Resident, on the occurrence of any of the event/breach stipulated under this Clause 17, the Company shall be entitled to immediately terminate this Agreement and seek eviction of the Resident without any notice, and in this regard, the Company shall, in its sole discretion, initiate appropriate legal action if it deems fit and proper (“Termination for Cause by the Company”). It is agreed and undertaken by the Resident, that consequently, Clause 18 shall be triggered and become immediately applicable.

18. It is further agreed herein that the following shall be the consequences of Termination for Cause by the Company: (i) the Company shall forfeit the entire Security Amount, Total Advance Charges, any other amount paid by the Resident till the date of such termination; and (ii) all the outstanding charges including the Fee, Food Charges, and any other fees payable, as mentioned in this Agreement and the Booking Form, shall become immediately due and payable; and (iii) the Resident shall immediately vacate the Unit, remove all of his/her personal belongings, return the key, and give its possession to the Company; (iv) the access rights of the Resident to the Unit and / or Premises shall be barred /prohibited forthwith. Until the Unit is vacated and all of the Resident’s personal belongings are completely removed from the Unit, as stipulated under Clause 18(iii) herein above, the Resident shall continue to remain liable for payment of Fee and Food under this Agreement. Any belongings of the Resident which are not removed immediately post such Termination for Cause, shall be liable to be disposed of by the Company without any liability of any manner whatsoever. The Company shall also have a right to (a) grant a license of the Unit on the Premises to any other individual; (b) to conduct an audit on the Unit and Premises to see if any damage has been caused to the Unit / inventory(ies), Premises, or to any items(s) installed in the common areas or for benefit of all the residents. In case the Company finds that any of these items are found to be missing and / or damaged, the cost associated therewith shall be recoverable from the Resident basis the reasonable analysis of fault and usage. However, in the event that the amount due and payable by the Resident under Clause 18 (ii) and the cost associated with any of the items that are found to be missing and / or damaged [Clause 18(b)], exceeds the Security Amount along with any other amount paid by the Resident till the date of termination, such difference / additional amount shall immediately become payable by the Resident. Further, the Resident agrees and undertakes that if such difference / additional amount, as assessed by the Company, is not paid by the Resident within 7 days of receiving intimation from the Company towards making such payment, the Company shall have the right to inform credit agencies and /or the Resident’s work place or college or university, in its sole discretion, as well as take appropriate legal action against such Resident. Further, it is clarified herein, that in case of the Termination for Cause, the Company’s obligations under this Agreement shall cease forthwith, including but not limited to, with respect to providing the Unit on the Premises for residential purposes along with the associated services to the Resident. However, the rights of the Company as stipulated under this Agreement shall survive such termination. The Resident further agrees that he/she shall not take any action against the Company in the event the above action is taken against the Resident as a result of default in payment of any outstanding charges / Fee / Food Charges / Service Fee (“Consequences of Termination for Cause”).

19. It is agreed and undertaken by the Resident that in the event of expiry of the Resident Stay-in-Period, this Agreement shall stand automatically terminated (“Termination by Efflux of time”). All the outstanding charges including the Fee, Food Charges and any other fees payable, up to the end of the Resident Stay-in-Period as mentioned in this Agreement and the Booking Form, shall become immediately due and payable, and shall be liable to be adjusted to the extent feasible against the Security Amount and any component of Total Advance Charges held by the Company in the account of the Resident. The Company reserves the right to make additional adjustments from the Security Amount and the remaining amount, if any, will be refunded to the Resident within 30 (thirty) days of such deduction/ adjustment, subject to provisions of Clause 9. Additionally, the consequences stipulated under Clause 18 (ii), (iii), (iv), (a) and (b) hereinabove, shall automatically become applicable (“Consequences of Expiry /Termination).

20. The Resident(s) shall not assign this Agreement or sublet or grant any license to use the Units / Room(s) / Premises or any part thereof to any third party. Any such unauthorized assignment, subletting or license shall be absolutely null and void, and the Company shall have the right to terminate this Agreement and start the eviction process of such Resident(s), without any further notice and / or liability.

21. The Premises shall be used and occupied by the Resident(s), as a private individual dwelling, only for residential purpose and no part of the Premises shall be used at any time during the Resident Stay in Period by the Resident(s) for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than private dwelling / residential. It is clarified here that the Premises shall always be used only for residential purpose and no commercial use of the same shall be allowed by the Company. In the event any of the Resident(s)are found to be in breach of this Clause 21, the Company shall have the right to terminate this Agreement and start the eviction process of such Resident(s), without any further notice and / or liability.

22. The Resident agrees and undertakes that in its absence from the Premises, for any reason, whatsoever, he/ she shall ensure that all its personal belongings are locked in a suitcase and/or cupboard and that he / she shall not leave any valuables in the Premises during his/her absence. It is a further agreed by the Resident that the Company/ its representatives on the Premises shall not be responsible or liable, in any manner whatsoever, for loss / damage of any of its personal belongings from the unit / Premises.

23. The resident understands that the Advance Fee/Food Charges paid by him/her will not be refunded under any circumstance irrespective of whether the resident uses the facilities or not and/or stays in the premises or not. The resident has understood that by signing this Booking Form he/she will be admitted into the premises.

24. The Fee and/or Food Charges paid by the resident will not be refunded even in the case of a Lock-Down/Curfew levied by the Government / Competent Authorities. It is further clarified that the lock-in period will be in force even during the Lock-Down/Curfew thus the resident will be liable to pay fee/food charges irrespective of whether he/she is staying at the premises.

25. The Resident understands and agrees that the Company is an independent entity providing accommodation and services (if any) to the resident. The resident has accepted the same and joined the premises as he/she is looking for a residential accommodation in proximity to his/her college, training institute, coaching institute or tuition classes. Hence, the Lock-In period for the resident will be applicable even if his/her college/ training institute/coaching institute/tuition classes stop offline classes/work and switch to online classes/work from home on account of lock-down/restrictions imposed by the government authorities or for any other reason what so ever. Nonpayment of fee/food charges citing the reason that the resident doesn’t need the accommodation/services provided by the company due to a shift in the operations policy of the College/Training Institute/Coaching Institute/Tuition Classes will not be deemed as a valid reason for termination of this agreement. In such a case if the resident doesn’t show up at the premises for more than 15 days or fails to stay in the premises consecutively for more than one month his/her contract will be terminated by the company immediately and the bed/unit which was assigned to the resident will be licensed to someone else. The entire fee paid and security deposit and food charges will be forfeited to the company and no refund will be made. The resident agrees to indemnify the company and its affiliates from consequences arising out of Clause 25.

26. A resident will be given three day’s time to empty his belongings and/or luggage from the premises post expiry of the agreement or eviction from the premises or if he/she voluntarily wishes to leave the premises or if asked by the company to vacate the premises for any reason what so ever. The resident will indemnify the company, its directors and employees and will not hold them responsible for any loss of luggage/belongings. Post three day’s time if any luggage of the resident is left behind the company will be at the liberty to dispose the same and no legal action will be taken against them.

27. Any information and/or promises made by the employees of the company will be honoured only if they are reduced into writing and the same is signed by them or communicated via an email/whatsapp message from the email id /whatsapp number owned/operated by the company. Any information/promises which are made verbally either face to face or over the phone by the company or its employee by using a phone number/email id which is not owned/operated by the company will not be honoured. The resident agrees to not take any legal action and indemnify the company and its employees and directors from any issues arising due to conveyance of information/promises by means of verbal communication and/or from a phone number/email id which isn’t owned/operated by the company.

28. The Resident agrees and understands that the Company may be required to undertake repair & maintenance in any part of the Premises / entire Premises, as and when the Company deems fit and proper, including during the absence of the Resident from the Premises and the Resident shall have no problem / issues relating to such repair & maintenance activity being undertaken by the Company in its absence. Further, the Resident agrees that the Company reserves the right to enter any allotted unit on the Premises, during the absence of the Resident, to undertake such repair & maintenance.

29. It is agreed and undertaken by the Resident that the Company reserves the right to shift /transfer the Resident, from one room to another in the same Premises and/ or one premises to another, as and when required, in the sole discretion of the Company. In such a case the terms and conditions of this Agreement shall continue to prevail. It is also agreed and undertaken by the Resident that in the event the Resident requests the Company, by sending an email, to change its allotted room within the Premises, the said request may be accepted by the Company, in its sole discretion, subject to availability of the same, at the applicable charges of Rs One Thousand Only per bed /unit change on or before the date of making such request by the Resident. In such a case, the terms and conditions of this Agreement shall continue to prevail.

30. The liability of the Company, whether in tort or by contract, whether for special, incidental or consequential damages, direct or indirect, shall not be more than the Fee paid by the Resident for the last 05 (five) days preceding the date of the claim.

31. The Resident shall indemnify and hold harmless the Company and its employees, Service Providers, directors, affiliates, staff from and against any liabilities, claims, suits, actions, damages, arising as a result of any injury, loss of life, or damage to property sustained in or upon the Premises, breach of obligations, duties, representations, warranties, and/or covenants made by the Resident under this Agreement, or a breach of any applicable law which adversely affects the Company’s rights under this Agreement, due to which the Company will suffer any damages and losses, including business losses and revenue losses.

32. This Agreement creates no right, title or interest, of any manner whatsoever, in favour of the Resident, either in the Premises or the Unit nor any other form of right to assert any claim, save and except availing of services being rendered by the Company and shall be only constituted as a license to occupy the Premises and use the services provided by the Company.

33. The Company shall have the right to sell, convey, transfer, mortgage, or assign, in whole or in part, its rights and obligations under this Agreement (“Transfer”), without any consent from the Resident. In the event of any Transfer, (i) the Company shall be released from any and all liabilities under this Agreement arising after the date of such Transfer, and (ii) upon receipt of written notice from the Company, the Resident shall immediately and automatically attorn to the transferee. The Resident shall not assign any rights under this Agreement.

34. The provisions of this Agreement, House Rules, Policies and Booking Form, and any claims or disputes relating thereto (“Dispute”), shall be governed by the laws of India. In the event of a Dispute, the courts of Bengaluru shall have exclusive jurisdiction.

35. This Agreement, along with the Annexure(s) if any, House Rules, Policies, email communications sent to the Resident, and the addendum, if any, entered into between the Company and the Resident constitutes the entire understanding between the Parties. The said Agreement may not be changed or amended, except in a separate writing signed by both the Parties. This Agreement also supersedes any prior arrangement or agreement made hereto before by the Parties with respect to the subject matter hereof.

36. The resident must not misbehave/imitate/abuse any of the employees of the Company and other residents. On account of misbehavior or use of foul language against any employee of the Company or against any other resident the Company will have a right to terminate this agreement immediately without providing any notice and Clause 18 will become applicable immediately.

37. Wasting of food will not be allowed. Residents must finish the entire food taken in their plate. Wasting of food will attract a fine of Rs One Hundred per meal which is wasted.

38. Residents will not be allowed to carry food plates to their rooms. The meals should be strictly consumed in the Dining Hall. A resident will be fined Rs One Hundred every time he/she is found taking a plate or other utensils to the room.

DECLARATION

1. I undertake that I am legally permitted and eligible to execute this Agreement, either through myself or through my parent / local guardian.

2. I understand and accept the General Conditions for the booking of accommodation, mentioned herein above.

3. I declare that the particulars mentioned in this Agreement are true to the best of my knowledge, and I have not willfully suppressed any material fact. Any misrepresentation or omission of information will potentially render me ineligible for accommodation.

4. I undertake that I shall provide valid KYC documents (self-attested copies of PAN Card and Aadhar/ Driving License/ Passport/ Voter ID Card) to the Company on or before moving into the Premises.

5. I undertake to provide full cooperation and documents, if any, required for any Company specific process including but not limited to documentation for the facilitation of the Police verification and / or FRRO intimation and/or any insurance policy, as and when required by the Company.

6. I undertake that I shall not disclose any information, including the information and commercials stipulated under this Agreement, and the Booking Form, among others, to any other third party.

7. I have carefully understood the House Rules verbally communicated/mentioned on the Booking Form, including my rights, responsibilities, obligations, liabilities & limitations set forth therein and, I undertake to abide by them.