Terms of Service

By accessing or using the WhyNotBroker website, mobile application, or any related services (collectively, the "Platform"), you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must stop using the Platform immediately.

These Terms constitute a binding agreement between you ("User") and WhyNotBroker Private Limited ("Company", "we","us", "our"), a company incorporated under the Companies Act, 2013, with its registered office in India.

Amendments to These Terms

We reserve the right to amend these Terms at any time. Material changes will be notified to you via in-app notification and SMS at least 7 days before they take effect. Continued use of the Platform after the effective date constitutes your acceptance of the revised Terms.

WhyNotBroker is a digital marketplace that connects property seekers (buyers, tenants, PG seekers) with property owners, landlords, PG operators, and RERA-registered brokers. The Platform does not itself own, lease, or manage any real estate.

Permitted Use

• Searching for residential and commercial properties across India.
• Posting property listings (subject to verification and RERA compliance where applicable).
• Contacting property owners, landlords, and verified brokers through the Platform's messaging tools.
• Using Platform tools such as the EMI Calculator, property comparison, and saved search alerts.
• Accessing your dashboard to manage your profile, listings, and consent preferences.

Prohibited Conduct

You agree that you will not:

• Post false, misleading, fraudulent, or duplicate property listings.
• Impersonate any person, property owner, broker, or government authority.
• Use the Platform to collect personal data of other users without lawful basis.
• Transmit unsolicited commercial communications ("spam") to other users.
• Attempt to reverse-engineer, scrape, or mirror any part of the Platform without written consent.
• Use automated bots, crawlers, or scripts to access Platform features or data at scale.
• Post, upload, or transmit content that is unlawful, defamatory, obscene, or infringes any third-party rights.
• Circumvent any security, authentication, or access control mechanisms on the Platform.
• Use the Platform for any purpose that violates applicable Indian law, including IPC, IT Act 2000, or RERA.

Account Security

You are responsible for maintaining the confidentiality of your registered mobile number and OTP codes. WhyNotBroker will never ask for your OTP over call, SMS, or email. If you suspect unauthorised account access, contact [email protected] immediately.

Users who post listings or content on WhyNotBroker represent and warrant that such listings and content are accurate, lawful, and do not infringe any third-party rights.

Listing Accuracy

• All property details — BHK configuration, carpet area (sq.ft), price (₹), locality, RERA registration number, and Vastu compliance status — must be truthful at the time of posting.
• Photographs must accurately represent the property. Use of AI-generated or stock images misrepresenting the property is prohibited.
• Pricing must be displayed in Indian Rupees (₹). WhyNotBroker uses Lakhs and Crores as the standard denomination for property prices.
• PG listing details must accurately state occupancy type, meal plans, deposit terms, and house rules.

RERA Disclosure Requirement

Content Licence

By posting content (text, photographs, floor plans) to the Platform, you grant WhyNotBroker a non-exclusive, royalty-free, worldwide licence to display, reproduce, and adapt such content solely for the purpose of operating and promoting the Platform. You retain ownership of your content. This licence terminates when you delete the listing or close your account.

Moderation & Removal

WhyNotBroker reserves the right to remove, edit, or reject any listing or content that violates these Terms, applicable law, or platform policies, without prior notice. Repeated violations may result in permanent account suspension.

WhyNotBroker offers free-tier access for property seekers and paid Premium subscription plans for brokers, builders, and power users. By purchasing a subscription, you agree to the following billing terms.

Subscription Plans

• Premium plans are offered on monthly and annual billing cycles.
• Annual plans are billed upfront and offer a discount compared to monthly billing.
• Plan features, pricing, and available tiers are described on the Pricing page at /premium.
• WhyNotBroker reserves the right to change plan pricing with 30 days' notice to active subscribers.

Billing & Renewal

• Subscriptions auto-renew at the end of each billing period unless cancelled.
• You will receive a renewal reminder via SMS 7 days before the renewal date.
• Payments are processed through a PCI-DSS compliant payment gateway. WhyNotBroker does not store card or UPI credentials.
• GST at the applicable rate (currently 18%) is charged on all subscription transactions.
• Invoices are issued in INR and provided digitally within 24 hours of successful payment.

Cancellations & Refunds

• You may cancel your subscription at any time from your dashboard. Cancellation takes effect at the end of the current billing period.
• Monthly subscriptions: No refunds for the current billing period after payment.
• Annual subscriptions: Pro-rated refund available within 7 days of initial purchase if you have not used any Premium features.
• Refund requests beyond these windows will be evaluated on a case-by-case basis in accordance with the Consumer Protection Act, 2019.
• To request a refund, write to [email protected] with your order ID and reason.

WhyNotBroker provides a verified broker directory as a value-added service. Brokers who list on the Platform agree to additional obligations beyond the standard Terms.

RERA Registration Responsibility

Intermediary Safe Harbor

Broker Obligations on the Platform

• Maintain an active, valid RERA registration number and update it promptly on the Platform if it changes or lapses.
• Disclose brokerage fees upfront to all prospective clients in the manner required by your state RERA authority.
• Not represent a property in which you hold a conflict of interest without written disclosure to the client.
• Respond to verified enquiries within 24 hours. Inactive brokers with response rates below platform thresholds may be suspended.
• Not engage in dual representation (acting for both buyer and seller in the same transaction) without informed written consent from both parties.
• Comply with all FEMA, Income Tax, and stamp duty regulations applicable to transactions you facilitate.

Premium Broker Subscription

Brokers on a Premium plan benefit from enhanced visibility and lead allocation. Access to Premium features is contingent on maintaining verified RERA status. WhyNotBroker reserves the right to suspend Premium access if a broker's RERA registration is found to be invalid or lapsed, pending re-verification.

Platform as Intermediary

WhyNotBroker is an intermediary as defined under the Information Technology Act, 2000 and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. We do not own, operate, or manage any property listed on the Platform. We are not a party to any transaction between a buyer/tenant and a seller/landlord/broker.

Limitation of Liability

To the maximum extent permitted by applicable law, WhyNotBroker shall not be liable for:

• The accuracy, completeness, or legality of any listing posted by a third-party user.
• Any loss or damage arising from a transaction facilitated through the Platform.
• Any fraud, misrepresentation, or breach of RERA obligations by a broker, builder, or landlord.
• Service unavailability due to force majeure events, including natural disasters, government action, or third-party infrastructure failures.
• Indirect, incidental, consequential, or punitive damages arising from your use of the Platform.
• Loss of data, profits, revenue, or business opportunity — even if we were advised of the possibility of such damage.

Indemnification

You agree to indemnify and hold harmless WhyNotBroker, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) content you post; or (d) your violation of any third-party rights.

Maximum Liability Cap

To the extent liability cannot be excluded by law, WhyNotBroker's total aggregate liability to you for any claim arising from or related to the Platform shall not exceed the greater of: (a) the amount you paid to WhyNotBroker in the 3 months preceding the claim, or (b) ₹1,000.

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, including but not limited to:

• The Indian Contract Act, 1872
• The Information Technology Act, 2000 and rules thereunder
• The Consumer Protection Act, 2019
• The Real Estate (Regulation and Development) Act, 2016 (RERA)
• The Digital Personal Data Protection Act, 2023 (DPDPA)
• The Competition Act, 2002

Jurisdiction

Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India. You irrevocably submit to the personal jurisdiction of such courts.

Dispute Resolution

1. 1Informal Resolution: Before initiating formal proceedings, you agree to contact WhyNotBroker at [email protected] and attempt to resolve the dispute informally within 30 days.
2. 2Mediation: If informal resolution fails, parties agree to attempt mediation through a mutually agreed mediator in Bangalore before pursuing litigation.
3. 3Litigation: If mediation fails, either party may pursue legal remedies in the courts of Bangalore, Karnataka.

For questions or notices regarding these Terms, please contact us using the details below. All formal legal notices must be sent in writing (email or registered post).