Nivasi App

Resident - Terms of service

Posted: 24 January 2025

Updated: 10 March 2025

Company information

Ekam Illam Private Limited with its registered office at 46 Fanepet 1st Street, Subbu Towers, 3rd Floor, Nandanam, Chennai 600035 is the creator, owner, and publisher of Nivasi, a mobile app (hereinafter referred to as “Online Platform” or “Platform”).
The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, or updated (temporarily or permanently) at the discretion of the Company.

These Terms of Use (“Terms”), including the various policies incorporated by reference, govern your access to and use of the Platform and the underlying services provided by us through the Platform. This includes our SMS, APIs, email notifications, ads, commerce services, and other covered services that may link to these Terms (collectively, the “Services”).
Any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on or as a part of the Services are referred to as “Content”.
By using any of the Services provided by Us through the Platform, you agree to be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service. These will be deemed to be incorporated into and apply in addition to these Terms.

Acknowledgement of privacy policy

Please read the Terms and Conditions carefully, as well as the Privacy Policy, which may be separately set out on the Platform.
The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy are hereinafter collectively referred to as the “Terms”.

Agreement to terms

If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform.
These Terms constitute an agreement between the Company and you in connection with your use of the Platform.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require publishing the rules and regulations, privacy policy, and terms of use for access or usage of this Platform.

Changes to terms

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without any prior written notice to you.
It is your responsibility to review these Terms periodically for updates or changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions.

1. Definitions

“Products/Services”: Products/Services listed on the Platform by Vendors as part of the Services, available for purchase by Buyers.
“Vendors”: A user who has executed a Vendor Agreement with us to list their Products/Services on the Platform, to be sold or made available for purchase or delivery, and who has agreed to register on the Platform as a Vendor.
“We” / “Us” / “Nivasi”: Refers to Ekam Illam Private Limited, its affiliates, permitted assigns, and partners. The terms “Our” and “our” shall be construed accordingly.
“You” / “User”: Any natural or legal person who has agreed to become an end user by accessing the contents of the Platform, or using the Platform or the Services offered, by providing personal information (more particularly described in the Privacy Policy, including but not limited to name, address, mobile phone number, and email during registration on the Platform). The terms “Your” and “your” shall be construed accordingly.

2. Applicability of terms

2.1. By using our services, you agree to:

Read and understand the Terms.
Accept that the terms, disclosures, and disclaimers are fair and reasonable.
Agree to follow these terms voluntarily, without any undue pressure or fraud.
Understand that written approval is not needed for these Terms to be valid.

2.2. The terms follow the rules and regulations of indian law, including:

The Indian Contract Act, 1872.
The Information Technology Act, 2000.
Relevant rules under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

3. Modification of terms

3.1. Changes to the terms:

The Company may update or remove parts of the Terms at any time.
The updated Terms, including the Privacy Policy, apply to your use of the Platform and any information you provide on it.
Changes will be notified on the Platform, and it is your responsibility to check the Terms regularly.
By continuing to use the Platform after changes are made, you agree to the updated Terms.

3.2. If you disagree with changes:

If you don't agree with the changes, you must stop using the Platform and Services immediately.
The Company is not responsible for any modifications to the Terms or for terminating your access to the Services.

3.3. Contact information:

Company may access your contact information, such as email and phone number, to communicate with you or gather feedback regarding your use of the Platform and Services.

4. Conditions of use

4.1. Legal Eligibility Confirmation

You confirm that you are legally able to enter into an agreement with us, or if you are under 18, you have your parent's or guardian's permission to use the Platform, and they agree to the Terms on your behalf.

4.2. You must be at least 18 to create a customer account. If you are a parent or guardian allowing someone aged 13-17 (a Minor) to use the Platform, you agree to:

Supervise their use of the Platform and their account.
Take responsibility for the Minor's use of the Platform and any risks associated with it.
Ensure the content on the Platform is suitable for the Minor.
Ensure all information provided by the Minor is accurate.
Provide consents and warranties on behalf of the Minor

4.3. Personal use

The Services are for personal, non-commercial use only.
You agree to access and use the Platform only for your personal use. You cannot register or use the Platform on behalf of others or allow third parties to use the Platform on your behalf.

4.4. Limited rights

The Company grants you a non-transferable, non-exclusive right to access the Platform and use its Services, as long as you comply with these Terms.
Any access links, SMS notifications, OTPs, email addresses, or QR codes should only be used by you. The Company is not liable for any issues if these are accessed by others.

4.5. Prohibited use

You agree not to use the Services for illegal or unauthorized purposes.
You must take reasonable steps to prevent unauthorized access to the Platform and protect your account from security breaches, such as hacking or phishing.
You will not attempt to breach the security of the Platform or interfere with others' use of the Services.

5. Registrations

5.1. Creating an account:

To fully access the Platform, you must register by creating a profile with your Name, Address/Location, and Mobile Number/Email. Profile Picture is optional.
Registered users can browse service providers, purchase Products/Services and use all features of the Platform.
Users who do not want to register will be unable to use the platform.

5.2. Account security:

The information we collect from you is subject to our Privacy Policy.
You are responsible for keeping your username and password secure. Any activity under your account will be considered as done by you.
If you provide false or inaccurate information, or if we believe you have done so, we have the right to permanently suspend your account.

5.3. Marketing communications:

By using the Platform and providing your contact information, you agree to receive marketing emails from us, as outlined in our Privacy Policy.
If you no longer want to receive these emails, you can unsubscribe using the link in the email.
Please note that it may take up to seven (7) business days for your unsubscription request to be processed.

6. Disclaimers

The Platform is a marketplace for third-party vendors to list products and services. The Company does not own, create, manufacture, store, or inspect any products or services listed by vendors.
Any transactions, interactions, or disputes related to purchases or use of products and services are solely between you and the respective vendor. You agree to direct any issues with the quality, quantity, or suitability of products/services to the vendor.
While we aim to list vendors that provide quality products/services, we do not guarantee they are fit for any specific purpose, including but not limited to taste, color, size, or quality.
Products/services displayed on the Platform, including images of packaging, color, size, and design, are for illustrative purposes only and may not match the actual items you receive.
Products listed in the Buy & Sell section are your personal items, and you agree not to use that section for commercial listings.
The services provided are offered on an "as is," "as available" basis. The Company does not make any warranties or guarantees about the services.
We do not guarantee uninterrupted service, error-free operation, or compatibility with third-party services or software. Service interruptions may happen due to maintenance or network issues.
The Company is not liable for any issues related to your use of the Platform or services, including issues with third-party payment gateways, exposure of content to minors, or device security.
While we take steps to ensure safe use of the Platform, we are not responsible for the data security practices of any third-party service providers integrated into the Platform.

7. Your obligations

You agree that you are using the Platform and making transactions at your own risk. You should use your best judgment before purchasing or using any products/services listed on the Platform.
We are not the manufacturer or owner of the products/services listed on the Platform. We only facilitate the purchase by providing access to the Platform.
By using the Platform, you confirm that you are a resident or owner of the gated community you are registered under.
You must not misrepresent your identity, address, or association with the gated community. The Company may verify your residency or ownership and request supporting documents for confirmation.
You are required to follow the rules, standards, and guidelines of your gated community. You must respect other community members' privacy and avoid any intrusive or disruptive behavior.

8. Reviews, feedback and data retention

You may be invited by the Company to submit feedback, ratings, suggestions, comments, or reviews about the products or services you purchase. Submitting this content is entirely up to you.
You are solely responsible for any content you submit, including feedback, ratings, comments, or reviews. You agree not to post any content that Infringes intellectual property or privacy rights, Violates any laws or regulations, including the Information Technology Act, 2000 or Is defamatory, offensive, obscene, or unlawful.
The Company may use, analyze, and/or publish your feedback or reviews. You agree to be contacted by the Company for feedback or dispute resolution. Your content may be used by the Company for business purposes such as market research, data analytics, and tracking market trends, but on an anonymized basis.
The Company is considered a mere "intermediary" under applicable laws for publishing content on the Platform. The Company is not responsible for paying you for any content you submit.
The Company may retain your content as needed, based on its purpose and in accordance with applicable laws and rules.
While the Company does not have an obligation to monitor content, it reserves the right to remove or edit any content that violates laws or these Terms.
The Company is not responsible for any content you post or for any issues arising from it.
By submitting content, you confirm that you have the necessary rights to do so and that your content does not infringe any third-party rights or contain unlawful material.
You agree not to post any false, misleading, or deceptive reviews, comments, or feedback. Any content posted with the intent to defame, mislead, or negatively impact a service provider's reputation will be considered a violation of these Terms.
The Company reserves the right to take action against any user who posts fraudulent reviews. This may include, but is not limited to, removing the review, suspending or terminating the user's account, or pursuing legal action if necessary.
You agree not to use the Platform to defame, harass, or harm any service provider. Any review or content intended to harm the reputation of a service provider or mislead others may result in removal of the content and suspension of your account.

9. Intellectual property rights

9.1. Intellectual Property Protection

All content, materials, and processes on the Platform, including feedback, ratings, reviews, and related items, are protected by Indian intellectual property laws.

9.2. Ownership and Restrictions

All intellectual property rights related to the Platform and Services belong to the Company. You cannot use, copy, or distribute these materials without prior written consent.

9.3. You agree not to:

Modify, reverse engineer, or create derivative works of the Company's intellectual property.
Sell, lease, sublicense, or transfer access to the Company's intellectual property.
Tamper with or remove copyright or trademark notices.
Use the intellectual property to create competing products or services.

9.4. You may not:

Resell or commercially exploit the Platform, Services, or content without written consent.
Use data extraction tools like scraping to collect information.
Copy, republish, or redistribute any part of the Platform or content without permission.
Frame or use the Company's trademarks, logos, or proprietary information without approval.

9.5. IP Violation Consequences

Any violation of intellectual property rights may lead to immediate termination of your account and legal action.

9.6. Trademark Ownership

The Company's trademarks and logos are its exclusive property. Unauthorized use may result in legal consequences.

10. Limitation of liability

10.1. Disclaimer of Warranties

You agree that your use of the Platform, Services, and Content is at your own risk. The Services are provided "AS IS" and "AS AVAILABLE" without warranties or representations, except as specified.

10.2. The company disclaims all warranties and is not responsible for:

Accuracy, availability, or reliability of the Services.
Any harm to your device, data loss, or damages from using the Services.
Loss or failure to store content or communications.
Whether the Services meet your needs or function without interruptions or errors.

10.3. No Implied Warranties

No information or advice from the Company will create any warranty unless explicitly stated.

10.4. To the fullest extent allowed by law, the company will not be liable for:

Indirect, incidental, or special damages.
Loss of profits, data, or goodwill.
Issues arising from your access or use of the Services, or third-party conduct. Unauthorized access or alterations of your data.

10.5. Liability Limitations

These limitations apply to any legal theory, whether based on contract, warranty, tort, or other, even if the Company was warned of potential damages.

11. General

The Company is not liable for any failure or delay in services or disruption of the Platform due to events beyond its control, such as war, natural disasters, pandemics, lockdowns, strikes, or technical failures like power or internet outages.
If any provision of these Terms is found invalid or unenforceable in a specific jurisdiction, it will not affect the validity of the remaining provisions.
If any provision of the Terms becomes void or unenforceable, it will be severed, and the remaining provisions will remain in effect.
The Terms are governed by the laws of India, and any disputes will be resolved exclusively in the courts of Chennai, Tamil Nadu, India.
If a dispute arises, the parties will try to resolve it amicably. If not resolved within 15 days, the dispute will be referred to arbitration in Chennai, Tamil Nadu, India, under the Arbitration and Conciliation Act, 1996.
The Company's failure to enforce any rights or provisions does not waive those rights. The Company is excused from performance if hindered by reasons beyond its control.
These Terms represent the full agreement between you and the Company, replacing all previous agreements.
You cannot seek injunctions or other equitable relief to stop the operation of the Services or Platform.
You cannot assign your rights or obligations under these Terms. The Company can freely assign its rights and obligations.