HAPPY LIVING THREE-PARTY TERMS OF USE EFFECTIVE DATE: 1-9-2025 ABOUT HAPPY LIVING.

Happy Living provides a digital platform that enables property owners ("Partners") to list their rental properties and individuals ("Tenants") to discover and book Residential-Rental spaces on a monthly basis or more. Our platform serves as a bridge between Partners and Tenants, streamlining the rental process for convenience and transparency. Happy Living itself does not own, manage, or oversee any listed properties and does not become a party to rental agreements between Partners and Tenants. We function solely as an intermediary, facilitating connections and transactions between users.

TERMS

These Terms of Use (“Terms”) govern the relationship between Happy Living (“Platform,” “we,” or “us”), our Partner/Property Owners (“Partners”), and the Tenants (“Tenant” or “you”) who access and use our Residential-Rental spaces and related services. By accessing or using our services, you agree to be bound by these Terms.

DEFINITIONS

1. Happy Living: A digital platform that facilitates the listing, leasing, and management of financial transaction of residential rental properties. It acts solely as an intermediary between property owners (“Partners”) and tenants (“Tenants”) and does not own or operate any listed properties.
2. Partner (Property Owner): The property owner or manager who partners with Happy Living to offer their property for Residential-Rental spaces use.
3. Tenant: The individual who books and occupies a Residential-Rental space via Happy Living.
4. Services: All digital services, platforms, and physical Residential-Rental spaces facilitated by Happy Living.
5. Platform: The website, mobile applications, and any other interfaces provided by Happy Living through which bookings and communications occur.

USER ACCOUNT CREATION AND USE

1. Mandatory Account Creation. In order to book, or list properties through the Happy Living Platform, every Tenant and Partner shall be required to create and maintain a valid user account (“Account”). Account creation shall require the submission of accurate, complete, and verifiable details, including but not limited to name, contact information, proof of identity, and such additional information or documents as may be mandated by Happy Living or applicable law.
2. Accuracy of Information. Users represent and warrant that all information provided at the time of account creation or thereafter is true, correct, and up to date. Any false, incomplete, or misleading information shall constitute a material breach of these Terms and may result in suspension or termination of the Account.
3. Confidentiality of Credentials. Users shall be solely responsible for maintaining the confidentiality and security of their login credentials, including username, password, and any authentication methods. All activity carried out under a User’s Account shall be deemed to have been performed by the Account holder, and Happy Living shall not be liable for any unauthorized use or access resulting from a User’s failure to safeguard their credentials.
4. Restrictions on Use. The Account created on the Happy Living Platform is personal to the registered Tenant or Partner. Accounts shall not be transferred, sold, assigned, shared, or otherwise made available to any third party. The creation of multiple Accounts by the same individual or entity, impersonation of another person, or use of another User’s Account shall be strictly prohibited.
5. Platform’s Rights. Happy Living reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate any Account in the event of:
   1. Submission of false or fraudulent information or documents;
   2. Misuse of the Platform, including harassment, abuse, or illegal conduct;
   3. Circumvention or attempted circumvention of Happy Living’s payment systems;
   4. Violation of these Terms or any applicable law; or
   5. Conduct prejudicial to the integrity, reputation, or commercial interests of Happy Living, Partners, or other Users.
6. Consequences of Breach. In cases of breach of this clause, Happy Living may, in addition to suspension or termination of the Account, cancel existing bookings, withhold refunds or payouts, impose monetary penalties, and take such legal or equitable action as it deems appropriate.

HAPPY LIVING ROLES AND RESPONSIBILITIES

1. Provides a digital platform for Partners to list their properties and for Residents to book accommodations.
2. Facilitates payment transactions securely through third-party payment processors.
3. Does not become a party to any rental agreements but ensures compliance with platform policies.

TENANT TERMS

As a Tenant, you can search for available accommodations by using criteria such as the type of property, preferred city, location, move-in date, duration of stay, and number of occupants. You may also use filters to refine search results based on pricing, amenities, availability, reviews, past booking history, and other relevant factors. Search results are tailored based on relevance to your preferences and platform algorithms.

BOOKING AND PAYMENT

By booking a property through Happy Living, you agree to pay the total amount displayed at checkout, which includes the accommodation price, platform service fees, applicable taxes, and any additional charges. Once your booking is confirmed, a direct agreement (“Reservation”) is established between you and the Partner. In addition to these Terms, your stay shall be governed by the terms and conditions set forth in the separate rental agreement executed between you and the respective Partner. It is your sole responsibility to carefully review and understand the terms of such agreement prior to confirming your booking. Happy Living shall not be responsible for any disputes or liabilities arising from the terms of such agreement.

RENT AND FEES

The total rental amount, including security deposits (if applicable) and any additional charges, will be displayed during the booking process. Tenants are responsible for reviewing and confirming these costs before finalizing their booking. First month’s rent and applicable service fees must be paid at the time of booking. Subsequent monthly payments will be charged automatically in advance. Late payments may result in penalties or termination of the rental agreement.

PAYMENT OBLIGATIONS

All payments are processed securely through Happy Living’s designated payment gateways, and failure to make payments on time may result in cancellation of the booking or other penalties. Tenants must ensure timely payment of rent, security deposits, and service fees as per the payment terms outlined during booking. All payments, including rent, security deposits, and service fees, must be made exclusively through Happy Living’s designated payment gateway. Direct payments to the Partner, whether in cash, bank transfer, or any other method outside the Platform, are strictly prohibited. Any attempt to bypass or circumvent the Platform’s payment system shall constitute a material breach of these Terms. In such cases, Happy Living reserves the right to: Impose a penalty on the Tenant equivalent to one (1) month’ rent or the actual Service Fees lost, whichever is higher; Cancel existing and future bookings of the Tenant; Withhold any pending refunds or deposits; Permanently suspend or terminate the Tenant’s account; and Initiate appropriate legal action, including civil proceedings, to recover losses.

CANCELLATIONS AND REFUNDS

1. Pre-Check-in Cancellations: Tenants may cancel their booking before check-in; however, the Tenant shall be liable to pay a Cancellation Fee equivalent to one (1) day’s rent in the event of cancellation of the booking prior to the check-in date. Such Cancellation Fee shall be collected and retained by Happy Living and shall be strictly non-refundable, irrespective of the timing or reason for cancellation.
2. Post Check-in Cancellations: If a Tenant cancels their booking after check-in, the Tenant shall remain liable to pay a Cancellation Fee equivalent to one (1) day’s rent for each month of the lock-in period. Such Cancellation Fee shall be collected and retained by Happy Living and shall be strictly non-refundable.
3. Security Deposit: A security deposit may be required at the time of booking, which will be held to cover potential damages, unpaid dues, or violations of house rules. The deposit will be refunded after check-out, subject to deductions (if any) based on property inspection and compliance with the terms of stay.
4. Tenant Responsibility: Tenants are responsible for reviewing and understanding the cancellation policy, lock-in period, and security deposit terms as defined by the Partner in the executed agreement between the Tenant and the Partner before completing a booking. Once a booking is confirmed, any cancellations, refunds, or deductions shall be processed by Happy Living in accordance with the terms of the executed agreement.

SERVICE FEES (RENTAL FACILITATION FEES)

The Tenant shall be liable to pay a Rental Facilitation Fee equivalent to one (1) day’s rent each month, payable for the entire tenancy period. This amount shall be collected by Happy Living as part of its service fee for providing Rental Facilitation services. Such service fees (Rental Facilitation Fee) are non-refundable, unless explicitly stated otherwise at the time of booking.

TENANT RESPONSIBILITIES & HOUSE RULES

The following below are standard rules that all Tenants must follow when booking through the Happy Living Platform. These are in addition to the terms set out in the executed agreement between the Partner and the Tenant. In the event of a conflict, the stricter obligation shall apply.

1. Tenants must provide accurate and complete information while making a booking. Any false or misleading information may result in cancellation without refund.
2. All payments, including rent, security deposits, and service fees, must be made through Happy Living’s designated payment gateway. Cash transactions or unauthorized payment methods are strictly prohibited.
3. Rent must be paid on time as per the agreed schedule. Late payments may result in penalties, additional charges, or eviction by the Partner.
4. Security deposits must be paid before check-in and will be refunded post check-out after deductions (if any) for damages or unpaid dues.
5. The property is to be used exclusively as a residential space. Subletting, unauthorized guests, or commercial use of the property is strictly prohibited.
6. Only the registered Tenant(s) are allowed to reside in the property. Hosting overnight guests without prior approval may result in penalties or termination of the lease by the Partner.
7. Tenants must maintain cleanliness and hygiene in their rooms and common areas. Any excessive mess or damage caused by negligence will result in deductions from the security deposit.
8. Tenants must follow all community rules and regulations, including designated quiet hours, waste disposal policies, and common area usage.
9. Excessive noise, disruptive behaviour, illegal activities, or harassment of other residents, staff, or neighbours will lead to disciplinary action, including possible eviction without refund. Eviction will be initiated by Property Owner.
10. Tenants must respect Residential-Rental spaces etiquette, including fair use of shared facilities and consideration for fellow residents.
11. Tenants must report any maintenance issues or damages to Partner immediately. Delays in reporting may result in additional repair costs being charged to the Tenant.
12. Any intentional damage to property or furnishings will be deducted from the security deposit. In case the damage exceeds the deposit amount, the Tenant will be responsible for additional cost.
13. Alterations or modifications to the property (such as painting, drilling, or installing fixtures) are strictly prohibited without prior written approval.
14. Tenants must ensure that doors, windows, and security features are properly locked when leaving the premises. Happy Living is not responsible for loss or theft of personal belongings.
15. Unauthorized duplication of keys or access codes is strictly prohibited. Tenants must return all keys and access cards upon check-out.
16. Security personnel and Partner’s representatives may conduct inspections or maintenance visits with prior notice, except in emergencies where immediate access may be required.
17. Tenants must vacate the property by the agreed check-out date. Any unauthorized extensions may result in additional rent charges.
18. The premises must be returned in the same condition as at the time of check-in. Any damages, unpaid dues, or policy violations will result in deductions from the security deposit.
19. Security deposit refunds, if applicable, will be processed after a final inspection and settlement of any outstanding charges.
20. Any violation of these rules may result in a written warning, a monetary penalty of up to ₹5,000 per violation (depending on the severity), or suspension of platform access. Violations may include, but are not limited to:
    1. Non-payment or delayed payment of rent, service fees, or security deposit
    2. Unauthorized guests, subletting, or commercial use of the property
    3. Tampering with property infrastructure, fixtures, or locks
    4. Repeated complaints of misconduct, nuisance, or harassment
    5. Violation of house rules or common area guidelines
    6. Providing false documents, fake ID, or misleading information during booking
    7. Refusal to vacate after termination or end of license period
    8. Engaging in illegal, immoral, or unsafe activities on the premises
    9. Attempting to bypass Happy Living’s payment system or cancel bookings outside the platform
    10. Posting defamatory, abusive, or fraudulent content on or about the platform.
21. Tenants engaging in illegal activities, violence, or severe misconduct may face immediate termination of their booking, suspension of platform access, and legal action initiated by the Property Owner. Happy Living may assist in issuing notices and coordinating further action in accordance with applicable laws.

TERMINATION & EVICTION

1. Happy Living reserves the right to terminate a booking in case of policy violations.
2. Non-payment of dues, illegal activities, or disruptive behaviour by the Tenant may lead to eviction by the Property Owner, subject to applicable laws.

PARTNER TERMS

BECOMING A HAPPY LIVING PARTNER

As a Partner, you are granted a limited, non-exclusive right to access and use the Happy Living platform to list and rent out your properties to a wide range of prospective tenants. The platform is intended to help increase the visibility of your listings and improve rental returns. However, you remain solely responsible for managing your properties and determining the terms of each rental.

CREATING A LISTING

Partners may list their properties on the Happy Living platform by creating a customized listing that includes rental pricing, availability, applicable house rules, and any additional terms or conditions specific to the property. The Platform provides tools to manage and display such listings and is designed to assist in targeting suitable prospective tenants. While the Platform facilitates exposure and booking, all information provided in the listing shall be accurate, complete, and solely the responsibility of the Partner. Happy Living does not verify or guarantee the accuracy of listing content and disclaims any liability arising from errors, omissions, or misrepresentations therein.

MANAGING YOUR RENTAL

Happy Living establishes standard terms for both Partners and Tenants to ensure a consistent and transparent rental experience. Partners must enter into a separate legally valid rental agreement with each Tenant for their property. However, such agreements must align with Happy Living’s platform policies and applicable laws. In the event of a conflict between the Partner’s rental agreement and Happy Living’s platform terms:

1. Happy Living’s terms shall prevail, unless the Partner’s agreement provides additional benefits to the Tenant.
2. Partners cannot impose terms that contradict Happy Living’s policies or reduce Tenant protections established by the platform.
3. Any disputes arising from a Partner’s rental agreement remain the sole responsibility of the Partner, and Happy Living shall not be held liable for any claims related to such agreements.

SECURE PAYMENTS & SUPPORT

Happy Living ensures secure and timely rent collection and deposit management. Our dedicated support team is readily available to assist you with any payment-related queries, tenant concerns, or platform-related issues

COMPLIANCE AND COMMUNITY STANDARDS

By listing your property on Happy Living, you agree to comply with our platform policies, local rental regulations, and fair housing laws. Maintaining high standards of property upkeep, tenant experience, and ethical business practices helps create a thriving Residential-Rental spaces environment.

ACCEPTANCE OF BOOKINGS AND PARTNER OBLIGATIONS

When a Tenant books your property through Happy Living, you enter into a direct rental agreement with them. As a Partner, you are responsible for ensuring that the accommodation is provided as listed, with all terms, pricing, and conditions honored.

YOUR RESPONSIBILITIES AS A PARTNER:

1. Ensure that the accommodation is available, clean, habitable, and well-maintained at the time of check-in. The property must meet the standards and amenities as described in the listing.
2. Charge only the rent, security deposit (if applicable), and other fees that are clearly disclosed in your listing. Imposition of any hidden or undisclosed charges is strictly prohibited.
3. A platform service fee applies to each booking and shall be deducted from your payouts unless otherwise agreed in writing. You agree not to circumvent or bypass this fee.
4. All rental arrangements and property use must comply with applicable local, state, and national laws, and adhere to Happy Living’s policies and community standards.
5. You are solely responsible for obtaining and maintaining all required approvals, permits, licenses, and regulatory clearances necessary to lease your property. Any legal violations shall be at your sole risk and expense.
6. All information, descriptions, photos, pricing, and amenities listed must be truthful, accurate, and updated promptly in case of any changes. Misrepresentation may result in listing suspension or legal action.
7. You must respond to maintenance or repair issues in a timely and professional manner during the Tenant's stay. Unaddressed issues may result in refund deductions or penalties.
8. You shall not solicit or accept rental payments, extensions, or renewals outside the Happy Living platform for any booking initiated through the platform. Any such conduct shall constitute a material breach.
9. You must ensure that the property complies with safety norms and is reasonably secure for Tenants. This includes functioning locks, fire safety equipment (where applicable), and hazard-free infrastructure.

ADDITIONAL TERMS AND DISCLOSURES:

1. Any house rules, additional terms, or specific rental conditions must be clearly disclosed in the listing prior to booking confirmation. These shall not conflict with Happy Living’s platform policies.
2. The Partner must communicate all essential terms, conditions, and house rules to the Tenant prior to booking confirmation. Imposing any new or undisclosed terms after the booking is confirmed is strictly prohibited.
3. You agree to fully cooperate with Happy Living in resolving any disputes, complaints, or refund claims arising from your listing or rental transaction.
4. Happy Living reserves the right to suspend or remove your listing from the platform without prior notice in cases of repeated complaints, violation of platform terms, or legal non-compliance.

TAXES

Partners are responsible for complying with all applicable tax laws, including but not limited to the Goods and Services Tax (GST) Act, 2017, and the Income Tax Act, 1961. If GST is applicable, Partners must collect and remit GST on rental income or service charges as per government regulations. Happy Living does not deduct or remit taxes on behalf of Partners unless required by law. Partners must determine their own tax liabilities, including GST, income tax, and any other levies, and ensure proper filing and documentation. In the event of changes in tax laws affecting rental services, Partners must comply with revised tax obligations.

SERVICE FEE AND COMMISSION

Happy Living operates as a platform facilitating rental transactions between Partners (Property Owners) and Tenants. As part of its services, Happy Living, acts as the exclusive collection agent for all rental proceeds and applies applicable service fees and deductions before disbursing payments to the Partner.

1. Partner Service Fee and Payment Collection
   Happy Living will collect all rental payments on behalf of the Partner. Partners are strictly prohibited from receiving direct payments from Tenants for any rental transactions facilitated via the Platform.
   
   Happy Living, as the collection agent, shall transfer the balance rental proceeds to the Partner after deducting the following:
   1. Happy Living Service Fee - A fee equivalent to one (1) day’s rent per month, deducted directly from the Partner’s payout.
   2. Payment Platform Fee - A fee equivalent to three percent (3%) of the Monthly Rent, charged towards payment processing services and deducted from the Partner’s payout.
   3. Taxes and Adjustments - Happy Living shall deduct applicable taxes and other statutory levies, including TDS where mandated, before releasing the payout to the Partner.
   Payments to the Partner shall be made within seven (7) days of receipt of rent from the Tenant, subject to the above deductions and adjustments.
2. Fee Changes
   Happy Living reserves the right to modify the service fee structure at its discretion. Any changes shall be communicated to Partners and Tenants in advance and will apply to transactions occurring after the effective date of such modifications.
   
   All fees charged by Happy Living are exclusive of any applicable taxes, which may be levied in accordance with prevailing laws.

COMPLIANCE WITH LAWS FOR PARTNERS:

The Partner shall comply with all applicable local, state, and national laws, regulations, and industry standards related to property ownership, leasing, taxation, health and safety, and data protection. The Partner is solely responsible for obtaining and maintaining all necessary licenses, permits, and approvals required to operate and lease properties through the Happy Living platform. Any failure to comply with legal obligations, including but not limited to zoning laws, building codes, rental regulations, and tax requirements, shall be the sole responsibility of the Partner, and Happy Living shall not be held liable for any legal or regulatory violations.

FOR TENANTS:

The Tenant agrees to abide by all applicable laws, housing regulations, and community guidelines while occupying the rented property. The Tenant shall not engage in any illegal activities on the premises, including but not limited to unlawful subletting, nuisance, property damage, or any violation of local housing laws. The Tenant shall also comply with all rules set forth by the Partner, housing authorities, and government agencies. Any breach of legal obligations by the Tenant may result in immediate termination of the tenancy by the Partner, along with legal action and liability for any resulting damages, penalties, or losses, in accordance with applicable laws.

FOR HAPPY LIVING:

DATA PROTECTION AND ONLINE TRANSACTIONS

1. Personal data collected and processed by Happy Living shall be handled in accordance with the provisions of the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 (to the extent applicable), and all other relevant data protection and privacy regulations in force. However, no system can be completely secure, and the Happy Living shall not be held liable for any unauthorized access, disclosure, or misuse of data beyond its reasonable control.
2. All payments made through the platform shall comply with financial regulations, including but not limited to the Reserve Bank of India (RBI) guidelines on digital transactions and payment security.

PAYMENT SECURITY AND DISCLAIMER

For Tenants. All payments of rent, deposits, service fees, and charges made by Tenants through the Happy Living Platform are processed via secure, third-party payment gateways in compliance with Reserve Bank of India (RBI) regulations. Happy Living does not store or retain any credit card, debit card, UPI, or net banking credentials of Tenants.

For Partners. Payouts to Partners/Property Owners are also routed exclusively through designated payment processors and banking channels, after applicable deductions, service fees, and statutory taxes.

While Happy Living adopts reasonable care to ensure the security of electronic transactions, neither Happy Living nor its payment partners shall be liable for any loss, delay, or unauthorized access arising from:

1. Failures or errors of third-party payment systems,
2. Disclosure of information during transmission over networks beyond Happy Living’s control, or
3. Inaccuracies or interruptions in payment processing, whether or not in the course of legal process.

DISPUTE RESOLUTION AND GOVERNING LAW

Any dispute, controversy, or claim arising out of or relating to the use of the Platform, rental transactions, or these Terms shall be first attempted to be resolved amicably through good-faith negotiations. If unresolved within thirty (30) days, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by Happy Living, and the seat and venue of arbitration shall be New Delhi, India. These Terms shall be governed by the laws of India, and the courts at New Delhi shall have exclusive jurisdiction for all legal proceedings, subject to the arbitration clause above. Class or collective actions are expressly disallowed.

TERM AND TERMINATION

FOR PARTNERS (PROPERTY OWNERS)

This agreement between the Partner and Happy Living shall remain in effect unless terminated by either party as per the terms outlined herein. Happy Living may terminate this agreement for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Partners may terminate their association with Happy Living by providing a thirty (30) day prior written notice via email, subject to the fulfillment of all ongoing reservations and financial obligations. Happy Living reserves the right to suspend or terminate a Partner’s listing or access to the platform with immediate effect in cases of breach of agreement, violation of applicable laws, non-compliance with platform policies, fraudulent activities, or repeated complaints from tenants. In such cases, any outstanding payments or penalties shall be settled as per the terms of this agreement. Happy Living also reserves the right to modify or discontinue platform services, with prior notice where feasible.

FOR TENANTS (RESIDENTS)

The rental agreement between the Tenant and the Partner shall be valid for the duration specified in the booking confirmation. Tenants may terminate their stay by following the cancellation and notice period policy applicable to their booking. Early termination will result in cancellation fees, forfeiture of the security deposit, or rent for the lock-in period, as per the terms agreed upon at the time of booking. Happy Living, as a platform facilitator, reserves the right to suspend or restrict the Tenant’s access to platform services and issue termination notices on behalf of the Partner in cases of non-payment, misconduct, violation of house rules, or illegal activities. Final possession-related actions shall be undertaken by the Property Owner in accordance with the applicable law and rental agreement.

EFFECT OF TERMINATION

Upon Termination of this agreement, the Partner’s listings will be removed from the Happy Living platform, and they will no longer be able to accept new bookings. However, the Partner remains responsible for honouring all confirmed reservations unless an alternative settlement is reached with affected Tenants. If the Partner chooses not to honor existing bookings, they must refund the full amount paid by the Tenant to the Partner for the remaining rental period. If the Partner fails to reach a direct settlement with the Tenant, Happy Living reserves the right to process refunds or compensate the Tenant from the Partner’s pending payouts or security deposits. Upon Termination of a rental agreement, the Tenant must vacate the premises by the Termination date and return the property in the same condition as it was provided, subject to normal wear and tear. Any outstanding rent, damages, or penalties (such as lock-in period charges or security deposit deductions) will be processed as per the rental terms. Happy Living reserves the right to block or restrict future access to its platform for Tenants who have violated policies, engaged in misconduct, or defaulted on payments. In the event of termination due to misconduct, illegal activity, non-payment of rent, or serious policy violations, Happy Living may assist the Partner through:

1. Issuing termination notices on the Owner’s behalf.
2. Suspending the Tenant’s access to the platform and related services.
3. Providing relevant documentation (agreements, payment logs, violation records).
4. Assisting with police complaints if criminal activity is involved (only upon request and without legal liability).

LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law, Happy Living shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, personal injury, emotional distress, loss of business opportunity, reputational harm, or property damage, arising out of or in any way connected with:

1. your use of, or inability to use, the Platform, its services, or any content therein;
2. any rental arrangement, dispute, or transaction between a Tenant and a Partner, including without limitation any cancellations, refunds, property defects, evictions, or lease violations;
3. any conduct, act, or omission of any Partner, Tenant, third-party service provider, or other user of the Platform;
4. any system errors, platform outages, inaccuracies, bugs, interruptions, delays, data loss, or other technical malfunctions, whether caused by server failure, maintenance, third-party integrations, or any unforeseeable system limitations of the Platform;
5. any unauthorized access to, or disclosure of, personal data, provided that Happy Living has implemented reasonable security practices and procedures in accordance with applicable data protection laws.

The Platform is provided on an “as-is” and “as-available” basis. Happy Living does not warrant that the Platform will be uninterrupted, error-free, or continuously operational. Users are responsible for verifying transaction and booking details independently and are advised to maintain their own records and backups.

Notwithstanding anything to the contrary contained herein, the total aggregate liability of Happy Living to any user, whether in contract, tort (including negligence), or otherwise, shall not exceed the lesser of INR 5,000 or the total service fees received by Happy Living from such user in the three (3) months immediately preceding the event giving rise to the claim.

INDEMNIFICATION BY PARTNERS

The Partner agrees to fully indemnify, defend, and hold harmless Happy Living, its affiliates, directors, officers, employees, agents, and licensors, from and against any and all claims, damages, losses, liabilities, fines, penalties, judgments, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

1. any violation by the Partner of applicable laws, tax obligations, or third-party rights;
2. any inaccurate, misleading, or incomplete content provided by the Partner on the Platform;
3. any rental agreement disputes, cancellations, refunds, evictions, or property defects;
4. any claims or proceedings by Tenants, regulators, or third parties against Happy Living in relation to the Partner’s listing, conduct, or obligations.

INDEMNIFICATION BY TENANTS

Tenants agree to indemnify and hold Happy Living harmless from any claims, damages, or liabilities resulting from:

1. Misuse of the rental property or violations of the property rules.
2. Non-payment of rent, damages to property, or illegal activities conducted within the premises.
3. Any legal action initiated against Happy Living due to the Tenant’s breach of the Agreement.

INTELLECTUAL PROPERTY RIGHTS & PLATFORM USAGE OWNERSHIP OF INTELLECTUAL PROPERTY

All content, features, and functionalities available on the Happy Living platform, including but not limited to logos, trademarks, brand names, software, website design, text, images, graphics, videos, and proprietary algorithms, are the exclusive property of Happy Living and its licensors. These materials are protected under applicable intellectual property laws, including the Copyright Act, 1957, Trademarks Act, 1999, and other relevant laws.

LICENSE TO USE THE PLATFORM

Happy Living grants Partners and Tenants a limited, non-exclusive, non-transferable, and revocable license to access and use the platform solely for lawful purposes related to property rental services. This license does not grant any rights to:

PARTNER CONTENT & LICENSING

Partners may upload property listings, images, descriptions, and other content (“Partner Content”) to the Happy Living platform. By doing so, Partners grant Happy Living a worldwide, royalty-free, non-exclusive license to use, display, distribute, and promote such content for marketing and operational purposes. Partners must ensure that the uploaded content does not infringe any third-party intellectual property rights.

PROTECTION OF HAPPY LIVING’S IP

Users are strictly prohibited from:

VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

If any user, including Partners or Tenants, is found to be infringing upon Happy Living’s intellectual property rights, Happy Living reserves the right to take appropriate action, including but not limited to:

ACCOUNT SUSPENSION OR TERMINATION

Happy Living may, at its sole discretion, suspend or permanently terminate the user’s account if they are found to be in violation of intellectual property rights. Users may be notified of such action and, where applicable, provided an opportunity to respond.

LEGAL ACTION FOR PROTECTION OF INTELLECTUAL PROPERTY

Notwithstanding the dispute resolution provisions contained elsewhere in this Agreement, Happy Living reserves the right to initiate appropriate legal proceedings, including but not limited to seeking injunctive or equitable relief, damages, or other remedies available under applicable intellectual property laws, before courts or relevant authorities. In cases of willful, material, or repeated infringement, Happy Living may also escalate the matter to law enforcement or regulatory authorities, as deemed necessary.

WARRANTY & DISCLAIMER

The Happy Living Platform, including all services, content, property listings, payment facilities, and functionalities, is provided on an “as-is” and “as-available” basis. Happy Living does not own, manage, or control the properties listed and makes no representations or warranties of any kind, express or implied, regarding the accuracy, quality, safety, legality, habitability, availability, or suitability of any property, nor the conduct, reliability, or compliance of any Tenant or Partner. Happy Living does not warrant that the Platform will be uninterrupted, error-free, secure, or continuously operational, and expressly disclaims all warranties, whether statutory, express, or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. All use of the Platform, property rentals, and related transactions are undertaken solely at the risk of the Tenant and Partner, and Happy Living shall bear no liability for any loss, damage, or claim arising therefrom beyond the limitations expressly set out in these Terms.

RATING AND REVIEW

Users (including tenants and owners) may post ratings and reviews of properties, owners, management services, or the Happy Living platform based on genuine personal experiences. Reviews must not be false, misleading, defamatory, offensive, or unlawful. Happy Living does not verify or guarantee the accuracy of such content and shall not be liable for any user-generated reviews or ratings. Reviews reflect the opinions of individual users only and not those of Happy Living. Owners acknowledge that tenants may post such reviews and waive any claims against Happy Living in respect thereof, except where removal is required by law. Happy Living reserves the right, but not the obligation, to moderate, edit, or remove reviews that violate these Terms or applicable laws. By posting a review, users grant Happy Living a non-exclusive, worldwide, royalty-free license to use and display such content on the platform.

PLATFORM MODIFICATIONS & SERVICE AVAILABILITY

1. Right to Modify Services. Happy Living reserves the right, at its sole discretion, to modify, enhance, update, suspend, or discontinue any aspect of the Platform or the services offered thereon, including but not limited to features, functionality, content, user interfaces, pricing structures, and policies, at any time, with or without prior notice.
2. Temporary Suspension. Access to the Platform may be temporarily suspended without notice in cases of system maintenance, upgrades, security enhancements, technical difficulties, or circumstances beyond Happy Living’s reasonable control. Happy Living shall use reasonable efforts to restore services promptly but shall not be liable for any interruption or unavailability of the Platform during such periods.
3. No Liability for Modifications. Users acknowledge and agree that Happy Living shall not be held liable for any modification, suspension, or discontinuation of the Platform or its services, provided such actions are undertaken in good faith and in the ordinary course of business.
4. User Responsibility. Users are responsible for ensuring that their systems, devices, and internet connectivity meet the technical requirements necessary to access and use the Platform as updated or modified from time to time.
5. Binding Effect of Updates. Continued use of the Platform following any modification or update shall constitute acceptance of the revised services, features, or policies. Users who do not agree with such changes must discontinue use of the Platform.