Terms of Use

is a cyber/app-based service provider that is, inter alia, engaged in the business of lead generation and providing effective assistance to the customers looking out for rental properties. Bivocalbirds Technologies Pvt Ltd. assists the customers, via the website (www.bivocalbirds.com) (“Website”) and www.bivocalbirds.com mobile application and/or by establishing direct contact through telephonic communications and/or through WhatsApp chat groups (collectively referred to as “Bivocalbirds Service”), to scan and search for rental properties. Bivocalbirds Service is owned, managed and operated by the Bivocalbirds Technologies PVT. LTD, having Corporate Identification Number: U72900UP2020PTC128519 and having it’s registered office at Plot E-803, Aishwaryam Gaur City-2, Greater Noida West, Gautam Buddh Nagar, Uttar Pradesh, India, 201009.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE BIVOCALBIRDS TECHNOLOGIES PVT LTD. SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE EXIT THIS PAGE IMMEDIATELY AND DO NOT ACCESS OR USE ANY PART OF BIVOCALBIRDS TECHNOLOGIES PVT LTD. SERVICE. USE OF THE BIVOCALBIRDS TECHNOLOGIES PVT LTD. SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE.

Your usage of Bivocalbirds Technologies Pvt Ltd. Service is subject to the terms and conditions as set out herein (“Terms of Use”).

For the purposes of the Terms of Use, wherever the context so requires “You” or “User” shall mean any person who accesses the Website or mobile applications or has agreed to use the Bivocalbirds Service in the manner set out herein. The term “Your” and other grammatical variants shall be construed accordingly. The term “We”, “Us”, “Our” shall mean the Company.

The Bivocalbirds Service is meant for those at least eighteen (18) years of age. Use of the Bivocalbirds Service by anyone under the age of eighteen (18) years is a violation of the Terms of Use. You hereby represent that You are at least eighteen (18) years of age. If You are under the age of eighteen (18) years, User represent that You have the consent of a parent or legal guardian to use and access the Bivocalbirds Service.

We may, in Our sole discretion, change, modify, add or remove portions of the Terms of Use by posting notice on the Website or mobile applications, or any other media in which any part of the Bivocalbirds Service is delivered or via email, at any time without any prior written notice to You. It is Your responsibility to review the Terms of Use periodically for any updates/changes. [The “Last Updated” section at the top of the Terms of Use will indicate when the latest modifications weremade to the Terms of Use]. By continuing to access and use Bivocalbirds Service after the Terms of Use are modified, you give consent to such modifications.

Your use of or reliance on the content available on the Website or mobile applications or made available to You in any other medium, is entirely at Your own risk, for which We shall not be liable in any manner whatsoever. The User/customer agrees and acknowledges that We do not warrant the content, accuracy or veracity of the content made available by the utilization of the Bivocalbirds Service.

Your permission to access the Website or mobile applications and/or any other mode in which Bivocalbirds Service is delivered, is restricted to the facility set out in these Terms of Use. Other than policy documents and marketing material which are printed out during use of the Website or mobile applications and such duplicating of Website or mobile applications screens as is inherent in normal internet browser use, You may not:

use or replicate the Website or mobile applications or any part of it or use or reproduce any part of the Bivocalbirds Service available on any mobile or other communication or computer based device;

alter, translate or adapt the Website or mobile applications or its output in any manner or modify, translate or adapt any part of Bivocalbirds Service available on any mobile or other communication or other computer based device;

generate any derivative works based on the Website or mobile applications or its turnout or set up any derivative works based on any part of the Bivocalbirds Service available on any mobile or other communication or computer based device; and

Merge the Website or mobile applications or any part of the Bivocalbirds Service available on mobile or other communication or computer based device with any other computer/mobile application.

You may be required to post Your detailed requirements and communication details, such as phone number and email id, at the Website or mobile applications or in any other communication medium such as WhatsApp groups or other similar messaging platform or groups, in order to use the Bivocalbirds Service. If so, User correspond to:

provide true, accurate, current and complete information about Yourself as well as Your requirements as prompted by Bivocalbirds Service; and

as authorised, maintain and promptly update such information to keep it true, accurate, current and complete.

You agree not to post on or transmit through the Bivocalbirds Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable local, state, national or international law.

You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any part of Bivocalbirds Service on the Website or mobile applications or other modes including the WhatsApp groups or other communication platforms. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Bivocalbirds Service. You further agree that You will not access the Bivocalbirds Service by any means except through the interface provided by Bivocalbirds Service and/or the Company for access to the Bivocalbirds Service. Creating or maintaining any link from another website or application to any page at Website or other modes including the WhatsApp groups or other communication platforms without the prior authorization of Company is strictly prohibited.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on Website or mobile applications and/or through a mobile or other communication or computer based device; and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of Bivocalbirds Service, and that the recipient may use such information to harass or injure You. Bivocalbirds Service does not approve of such unauthorized uses, but by using Bivocalbirds Service, You acknowledge and agree that Bivocalbirds Service is not responsible for the use of any personal information that you publicly disclose or share with others via the Bivocalbirds Service.

The information, names, images, pictures and other details pertaining to the properties featuring on the Website or mobile applications and/or other communication medium, such as WhatsApp groups or other similar platform or groups are introduced on “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made by Bivocalbirds Service (whether express or implied by law), to the extent permitted by law, comprising the implied warranties of satisfactory quality, amongst other warranties.

Liabilities relating to SERVICES

In lieu of utilization of Bivocalbirds Service, You shall be liable to make payments as fee for using the Bivocalbirds Service (“Fee”). The liability to pay Fee shall arise in situations, including but not limited to, the following:

Upon finalization of the rent agreement, based on the consensual between the parties (being the lessor, lessee, licensor, licensee), one or all of whom are Users of Bivocalbirds Service;

User is found to be bypassing the Bivocalbirds Service and opts for a property which was originally introduced to him/her by Bivocalbirds Service. The provisions of this sub-clause shall subsist to stay in effect for a time period of sixty (60) days from the day the property was first introduced to the User.

For avoidance of ambiguity, it is clarified that in the event after introduction and/or finalization of the property made available by Bivocalbirds Service, a User opts to not finalize the property but moves into the same property (which was originally introduced by Bivocalbirds Service) within sixty (60) days of the property first being introduced to the User, the User shall be presumed to bypass the Bivocalbirds Service;

In such other circumstances as may be determined by the Company and communicated to the User in advance.

The User shall, make payments towards Fee, before moving into the property introduced by Bivocalbirds Service. In the event the User does not pay the Fee before moving into property, the Company shall be entitled to claim the Fee by raising a demand letter addressed to the User. The User shall be under an obligation to honour the claims raised vide the demand letter and make payments for the Fee to the Company before moving into the property, failing which the User shall be liable to pay the Fee together with a penalty of an interest calculated at the rate of 24% per annum, compounded on a monthly basis.

Notwithstanding anything herein, after having moved into a property which was introduced to the User by Bivocalbirds Service, the User shall not be entitled to refuse to pay the Fee by citing any extraneous reasons whatsoever.

The Fee payable for the use of Bivocalbirds Service under the Terms of Use is exclusive of applicable taxes and shall be the maximum of (a) or (b).

(a) Total of (i) and (ii) – wherever applicable as defined below: (i) an amount equivalent to twenty (20) days’ rent payable to the owner of the property + GST(As applicable); and (ii) an amount equivalent to twenty (20) Days + GST(As applicable)’ maintenance fee payable for the property, if not already included in the rent of the property. (b) INR 10000. Additionally, all government applicable taxes ought to be paid by the customer as a part of the service provided by Bivocalbirds.com.

A User/customer shall not establish and/or maintain any direct contact and shall not engage in direct dealing with any associate of the Company, including its agents (direct or indirect), employees or other persons (including ex-employee, ex-agent or ex-broker of the Company).

A User/customer is expected to apprise Bivocalbirds Service with exact details of his/her/its requirements, cooperate fully and render imperative assistance in enabling Bivocalbirds Service propose appropriate potential options to the customers in line with the requirements furnished by him/her/it.

In order to enable the Company to gain a complete understanding of the requirements of the User rental properties to the satisfaction of the User/customer, the User/customer is expected to show up for and render complete cooperation during the field visits as arranged by the Company, as part of the Bivocalbirds Services, from time to time.

In some cases, after finalization of the property by customer and before finalization of rent agreement, user and the owner of the property with mutual agreement decide upon a token amount to be paid by the customer in lieu of reserving the property and not showing the property to other prospective customers. Bivocalbirds Technologies Pvt Ltd may at its sole discretion, facilitate the payment for the transaction of the token amount without being a party to the agreement and does not guarantee/underwrite or confirm in any way the validity of the agreement between the two parties, namely, Customer and the Owner. The Bivocalbirds Technologies Pvt Ltd takes no liability of the losses, either direct or indirect, arising to any of the two parties as a result of breach of the agreement or any part thereof. The Bivocalbirds Technologies Pvt Ltd does not take any responsibility for recovering/ refunding of token amount to the Customer, if it has been forwarded to the property owner.

If the customer does not like a house and/or decides to move out in less than 6 weeks then Bivocalbirds Technologies Pvt Ltd shall service him/her for finding a new house but the customer shall be liable for - the higher of the fees applicable for the vacated house or the substitute house. In such cases the company does not take any responsibility for recovering of deposit if it has been forwarded to the property owner. It shall be governed as per the rental agreement.

In addition to Bivocalbirds Service, the Company also renders certain additional and/or complementary services, namely, (i) drafting and preparing the contractual documents to be entered into by the User/customer; (ii) making suitable arrangements for the police verification of the User, if required; and (iii) providing its customers with gift coupons; amongst other services.

Notwithstanding anything said in the aforementioned paragraphs, the ‘complementary services’ are services strictly in the nature of complementary and/or additional services. The provision of said services, if any, is in addition to the Bivocalbirds Service and shall not be interpreted to be a part and parcel of Bivocalbirds Service in any manner whatsoever. For avoidance of any doubt, the provision of complementary services, if any, is at the sole discretion of the Company and the same shall not be construed as an obligation on the part of the Company. The realization of the Fee for the utilizationof the Bivocalbirds Service shall not be made contingent on the receipt, non-receipt or delay of the complementary services to be provided by the Company, if any.

Bivocalbirds Service does not include the following activities in the ambit of services to be rendered by the Company:

Bivocalbirds Service shall not be liable for rendering any sort of assistance, manual or monetary, at the time of moving in or moving out of the property. For the sake of clarity, it is clarified that Bivocalbirds Service shall not be held responsible and shall not be liable to bear any operational expenses pertaining to the maintenance of the property and/or for provision of amenities for the effective utilization of the property;

Bivocalbirds Technologies Pvt Ltd shall not be liable for any breach of promise of varied nature, as made by the owner of a property at the time of finalization of the deal. For avoidance of any doubt, it is the sole and complete obligation of the User/customer to evaluate such property and satisfy itself of the rental property to be rented by him/her/it. In addition, we strictly advise the User/customer to ascertain and familiarize himself/herself/itself with the facilities provided for, terms and obligations and its owner before finalizing the contractual arrangement.

You agree to be bound by the provisions of the ‘User Conduct’ set out below.

In terms of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 You agree to not host, display, upload, modify, publish, transmit, update or share any information on Our Website or mobile applications, WhatsApp chat groups, or mobile/telephonic conversations, or other form of telephonic communication, that:

belongs to another person and to which You do not have any right to;

is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

infringes on any patent, trademark, copyright or other proprietary rights or violates any law for the time being in force;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

To not modify, adapt or attempt for an unlawful access of Bivocalbirds Service or build any other third party service or website or mobile applications that falsely represents Bivocalbirds Service and/or the Company;

to not gain unauthorized access to the Bivocalbirds Service, or Our computer systems or networks connected to the Website or mobile applications or other modes including the WhatsApp groups or other communication platforms, through hacking, password mining or any other means.

to not otherwise do anything that it is not expressly permitted by the terms of this Terms of Use document.

The User/customer agrees and acknowledges that the property listings and the information provided vide the Bivocalbirds Service is not meant for the exclusive use of any one single User/customer and the same is made available to all the subscribers and/or Users of Bivocalbirds Service on a non-exclusive basis, depending upon their specific requirements.

Sometimes, we work with third parties to improve the quality of services, we may provide that third party with additional but limited personally identifiable information for the sole purpose of their carrying out their duties. By using our services, you agree to share your details to other third parties as may be required from time to time.

The user/customer agrees that their telephonic communication with the Company might be recorded and used for internal training and quality purposes.

Bivocalbirds Technologies Pvt Ltd shall not be a party to any dispute, which may arise between the Users/customer of Bivocalbirds Service, or between its Users and any third party, namely the owners of the properties. In the event of such a dispute arising, You hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual andconsequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or Bivocalbirds Service.

The terms of this “Terms of Use” document are exclusively based on and subject to the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts at Noida, Greater Noida India in the event of disputes arising out of or in relation to your use of Bivocalbirds Service. Use of Bivocalbirds Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation this paragraph.

All rights granted to You under the terms of this "Terms of Use" document would terminate immediately in the event that You breach any of such terms and conditions as set out in these Terms of Use.

In order to do anything/undertake any activity that is not expressly permitted by the terms of this "Terms of Use" document, You will need a distinct license from us. We request You to contact us at support@bivocalbirds.com for the said purpose.

In the event of any grievance arising from the usage of Bivocalbirds Service, the Users can address their grievances to the grievance redressal forum of the Company. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: