Terms & Conditions

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and BrokAway LLP ("company," "we," "us," or "our"), concerning your access to and use of the brokaway.com website (collectively, the "Site"). By visiting our site or logging into your account, you acknowledge that you have read, understood, and agree to be bound by all our terms and privacy policy. This consent is automatic upon entry to the platform. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. User Representations & Obligations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms of Service.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Site for any illegal or unauthorized purpose.

3. User Due Diligence & Responsibility

Whether you are buying, selling, renting, booking a local service, or posting what you're looking for on the Requirements Board — it is your sole responsibility to inspect and verify all item specifications, working condition, ownership documents, and service credentials before proceeding with any transaction or payment.

Important Note on Risk: By using our platform, you acknowledge that any transaction, booking, or financial commitment is made entirely at your own risk. BrokAway acts as a neutral technology intermediary and is not responsible for any disputes, defective goods, inaccuracies in listings, or financial losses incurred during your dealings. We strongly advise inspecting all items in person and confirming every detail directly with the counterparty before transferring funds or handing over goods.

4. Direct Inquiries, Connections & Lead Sharing

To enable peer-to-peer discovery and direct local commerce, BrokAway facilitates direct communication between buyers, sellers, renters, and service providers.

When you enquire about a listing, initiate a chat, or send an offer, your basic profile information and contact details (phone number and/or email) may be shared with the user who created the listing to allow direct coordination and deal finalization. In turn, you receive access to the listing creator's profile details.

The same applies when you request a callback or express interest on a Requirements Board post, or view an enquirer's contact details — your contact information is shared with the other party so they can reach you directly without platform interference.

5. Reviews, Ratings & Platform Services

After a transaction is marked complete, both parties may rate each other using a star rating and preset descriptive tags. Submitted reviews are subject to moderation before appearing publicly on a user's profile.

Photos and videos you upload are stored on our behalf by a third-party cloud storage provider (Cloudflare R2). You may sign in or register using your email and password, or via Google Sign-In.

We reserve the right to review, approve, reject, or remove any listing, Requirements Board post, comment, or review, and to act on user reports, at our sole discretion.

6. Intermediary Status & Statutory Disclosures

Section 79 IT Act Disclosure: BrokAway is an online marketplace and digital classifieds intermediary as defined under Section 2(1)(w) and protected under Section 79 of the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020. BrokAway does not buy, sell, rent, manufacture, inspect, or endorse any items, vehicles, accommodations, or services listed on the Site.

• BrokAway does not act as an agent, broker, contractor, merchant, dealer, employer, or auctioneer for any user.
• All agreements for purchase, sale, rental, or professional service are strictly bilateral contracts entered into solely between the respective users.
• Users posting commercial goods, pre-owned vehicles, accommodations/rentals, or regulated professional services are solely responsible for complying with all applicable Indian laws, licensing, transfer norms, and statutory registration requirements (such as motor vehicle ownership transfer rules or local trade permits).
• BrokAway does not independently verify the ownership title, authenticity, roadworthiness, safety, or legal compliance of any listed product, vehicle, property, or service.

7. Listing Accuracy & Content Disclaimer

All images, specifications, item conditions (New, Like New, Good, Fair, For Parts, Used), pricing, and descriptions on BrokAway are uploaded directly by independent users. While we provide moderation tools and encourage honesty, BrokAway does not inspect, pre-screen, or certify the existence, quality, authenticity, or working condition of any item, vehicle, space, or service.

• Visual representations (photos and videos) and written descriptions may differ from the actual item or service in person.
• Pricing, availability, condition, and terms are set and managed entirely by the individual poster.
• BrokAway is not liable for misrepresentations, omissions, or deceptive content posted by third-party users.

8. Offline Safety & Fraud Prevention

BrokAway is a peer-to-peer discovery platform. For your personal and financial safety, we strongly recommend:

• Always meet in a well-lit, busy public location during daylight hours when inspecting goods or completing a handover.
• Thoroughly test electronics, appliances, and test-drive vehicles before paying or taking delivery.
• Never pay advance booking amounts, token money, or shipping charges to unverified sellers online.
• Never scan QR codes or enter your UPI PIN to "receive" money — UPI PIN is strictly used to send money, never to receive it.
• Never share bank OTPs, passwords, or sensitive identity documents with strangers.
• Inform a friend or family member before meeting a buyer, seller, or service provider from the platform.

9. Payments & Refund Policy

Any payments made, if any, for "Premium Listings," "Featured Status," or "Lead Access" are towards digital services rendered by BrokAway LLP. Unless explicitly stated otherwise by law, these payments are non-refundable once the service has been activated on your account.

10. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

11. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site (collectively, "Contributions").

When you create or make available any Contributions, you thereby represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

12. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords or payment details.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Post listings for stolen property, counterfeit or replica goods, restricted substances, weapons, hazardous materials, wild animals/protected species, illegal services, or items prohibited under applicable Indian law.
• Post fraudulent, deceptive, or misleading ads, fake requirements, or phishing/multi-level marketing (MLM) schemes.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site.

13. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

14. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

15. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.

16. Limitation of Liability & Indemnification

Limitation of Liability: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Indemnification: You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service.

17. Governing Law & Dispute Resolution

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of India. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted exclusively in the courts located in Vadodara, Gujarat, India, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens.

18. Modifications to Terms

We reserve the right to update or modify these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

19. Cookie Policy

BrokAway uses cookies and similar tracking technologies to enhance your experience. By using our platform, you consent to our use of cookies as described in our Cookie Policy. You can manage your cookie preferences through your browser settings.

20. Contact & Grievance

Grievance Officer (IT Act 2000 Compliance)

Name: Sonuben M Kachhiya

Email: support@brokaway.com

Support: support@brokaway.com

Concerns will be addressed within 15 working days of receipt.