1. These terms and conditions “Terms” Regulate the utilization of services made available on or through https://www.broopi.com and on /or the broopi mobile application (together, the “Platform” along with the services provided on or via the platform, "Services" these terms also encompass our privacy policy ("Privacy Policy"), as well as any guidelines, additional terms, policies, or disclaimers issued or made available by us periodically. The Privacy Policy and the additional Terms are essential components of these terms. In case of any discrepancies between these terms and the additional Terms, the supplementary Terms will take precedence.

 

1. Broopi Home Services Private Limited (“Broopi” / “Company” / “us”, “we” or “our”) offers technology-driven services and serves as an intermediary to enable: (i) on-demand home services through doorstep assistance, collectively called “Services”) along with other support services (including related payment collection) provided by Broopi periodically via the Company’s website and mobile app “Broopi” (together, “Platform”).

 

1. The Terms form a legally binding contract between Broopi Private Limited (a company incorporated  under the Companies Act, 2013, located at Unit No 243/A Ashirwad Building Ground Floor, 54th Cross, 3rd Block Rajajinagar 560010 Bengaluru ("Broopi," "we," "us," or "our") and you, an independent third-party service provider ("you" or "Service Professional"). By utilizing the services, you affirm and guarantee that you possess full legal capacity and authority to accept and commit to these Terms. If you act on behalf of another individual, you assure and represent that you have the necessary power and authority to bind that individual to these Terms.

 

1. For your convenience, we might release or supply you with a version of the Terms in languages other than English. Nevertheless, if there is any inconsistency in the language or interpretation between the terms written in English and a version of the Terms in another language, the terms written in English shall take precedence.

 

1. By utilizing the services, you acknowledge that you have read, comprehended, and agree to these Terms, which may be updated periodically, and that you will adhere to the stipulations outlined herein. These Terms explicitly replace any previous written agreements you may have had. If you do not accept these Terms or meet the requirements stated here, please refrain from using services / do not use the Services.

 

 

1. GENERAL COVENANTS

 

Regarding your access to the platform for delivering the Services, you promise and consent to the following:

 

1. To register/create an account on the Platform and receive the Services, you affirm that you are at least 18 years old.
2. You are not restricted by any legal, regulatory, judicial, quasi-judicial, or other entity, to access the Platform or deliver the Services, including the execution of transactions intended through the Services.
3. You will deliver the Services only as allowed and in line with these T&Cs and in compliance with relevant laws.
4. By utilizing the Platform and providing the Services, you permit Broopi, either directly or via third parties, to gather information about you or perform any necessary inquiries to confirm your identity, which may include conducting police verification and background checks, in line with our Privacy Policy. Kindly review the Privacy Policy to comprehend how we gather, handle, and distribute your information, which includes personal details and sensitive personal data or information (collectively referred to as "Information").
5. When you share any Information with Broopi, you must ensure that it is solely true, accurate, current, and complete. You recognize and accept that the obligation to supply accurate information, such as contact details, bank account specifics, etc., related to the Services, rests entirely with you. You should exercise utmost care to make certain that the Information you deliver is free of errors and mistakes. We will not be responsible to verify the accuracy of the Information provided by you
6. These T&Cs create valid and legally binding responsibilities for you and can be enforced against you.

 

2. REGISTRATION ON AND OPERATION OF THE PLATFORM

 

To provide the Services on the Platform, you must meet the onboarding criteria and submit any documents requested by Broopi according to relevant laws and internal policies, ensuring ongoing compliance with these requirements. Specifically, you assure, guarantee, and agree with Broopi that:

 

There are no ongoing legal proceedings against you, nor have you been convicted of (a) working under the influence of drugs or alcohol; or (b) any indictable offense under the Code of Criminal Procedure, 1973, such as fraud, sexual crimes, utilizing a vehicle to commit an indictable offense, or any crime related to property destruction, theft, violent acts, or terrorism, in the last 3 years;

 

 

1. You are required to register on the Platform and establish an account on the Platform (“Your Account”) by supplying precise information as requested during the registration procedure.
2. Additionally, we might request Information or documents that enable us, either directly or indirectly via third parties, to reasonably identify you, necessitating you to take actions to validate your claim over your email address or financial instruments, or confirming your information against external databases or alternative sources. We maintain the right to end, pause, or restrict access to the Platform if we cannot acquire or confirm this Information.
3. You are entirely accountable for keeping your credentials (username, password, etc.) secure, which were given during your registration, and the Company is not responsible for any losses you might face due to another person accessing Your Account, whether you are aware of it or not.
4. You consent to take responsibility for all actions that happen in or from Your Account and agree to implement reasonable security measures and controls to restrict access to the password or other identifying information of Your Account from unauthorized persons, which includes selecting passwords and other credentials in a way that ensures the security of your Information. Your credentials consist of your username and password for Your Account as well as for any external account you have utilized to access Your Account.
5. You commit to notifying us right away if you suspect that your login details have been revealed to someone else, or if the password is being used or may be used in an unauthorized way.
6. Broopi shall not be responsible for any security breaches or unauthorized access to Your Account.
7. The Company will accept the customer’s booking request submitted on the Platform (“Service Request”) and relay it to you via the Platform, or in another way at Broopi’s sole discretion, and the service Professional is not allowed to accept a Booking through street hailing or other methods while utilizing the Platform.
8. The Company maintains the right to stop or start any other methods of Service Requests and/or for delivering Services. In instances involving new services, the Professional/business owner or vendor will under no circumstances alter, harm, open, or take any action regarding the Customer Assets or valuable belongings that damages property unless explicitly authorized while delivering the Services.
9. The Company may track and record your calls to customers to enhance training and improve customer service, including how complaints are managed, and by making these calls, you give your consent.
10. The Company will not be responsible if you fail to download the appropriate mobile application, including the correct and compatible version of the broopi mobile app.
11. You acknowledge that Broopi (whether directly or indirectly via its affiliates or third parties) can contact you regarding the Platform or the Services, either electronically (such as push notifications), or through phone calls, WhatsApp, email, or in writing through other methods.

 

Services

 

1. The Services encompass the offering of the Platform that allows you to supply various home-based services to end-users registered on the Platform Customers. As a component of the Services, Broopi helps you identify the amounts owed by Customers to you for the services you provide, promotes the optimal and effective use of your time while utilizing the Services, implements strategies to enhance your earning potential through the use of the Services, and assists in transferring payments from Customers to you for the services you offer to the Customers, collecting payments on your behalf. The Services are offered under different brands that are owned by or licensed to Broopi or its affiliates.

 

2. The services provided by you are known as PRIME Services. Our Services exclude Prime Services, and Broopi bears no responsibility for delivering Prime Services. Broopi and its affiliates do not hire you or any other Service Professional, nor are Service Professionals agents, contractors, or partners of Broopi or its affiliates. Service Professionals lack the authority to bind or represent Broopi. You are completely accountable and responsible for the Prime Services that you offer or provide in any other way through the Platform.

 

3. An essential aspect of the Services is Broopi's capability to send you text messages, which may relate to your bookings, your use of the Services, or as part of its promotional and marketing efforts. Although you can choose to stop receiving these text messages by reaching out to Broopi at it@broopi.com, you accept and understand that this might affect Broopi's capacity to deliver the Services or certain aspects of the Services to you.

 

4. Before you can use specific features of the Services and offer Prime Services via the Platform, you must participate in an orientation session at your broopi office. This session will help you grasp, among other topics, the operation of the Platform and strategies to optimize your earning potential on it. You agree to participate in the orientation program.

 

5. The platform is exclusively for your business purposes and is meant for use only within India.

 

6. Broopi retains the right to impose a specific non-refundable fee for your orientation/onboarding onto the platform at its exclusive discretion, for certain Prime Services that will be communicated to you beforehand. This fee will be deducted from your earnings in installments once you become a member of the platform.

 

7. Additionally, you hereby consent that specific consumable items will be utilized during the orientation program, the expense of which will be fully your responsibility. If you do not meet the criteria required for joining the Platform, you will not be reimbursed for any expenses spent on the acquisition of that consumable product.

 

          Booking And Credits

 

1. The Platform allows you to accept requests for the Pro Services you provide according to your availability "Leads”. To validate a request, you need to adhere to the guidelines on the Platform and supply required information.

 

2. Service Professionals Ranking: Your position on the Platform is determined by these factors in order of decreasing significance:

 

Your evaluations on the Platform;

 

Your position; and

 

The quantity of Leads you have previously accepted

 

1. The Company reserves the right to levy any such fees from the Professional/vendor as revised on the Platform periodically and will be subject to relevant taxes.

 

2. The Company applies a convenience fee to customers for providing the Services via the Platform.

 

3. The Professional permits the Company to gather the service/Repair/Inspection/visiting/Add on Services charge (“Fare”) from customers on behalf of the Professionals/vendors' third-party service providers.

 

4. If Professionals, vendors, or third-party companies collect Fare in cash from the customer, the convenience fee portion of the Fare owed to Broopi by the customers for delivering the Platform and related services will be accounted against the amounts that Broopi needs to settle with the Professionals. All payments should be recharged if the wallet credit exceeds, and the settlement will be made by professionals, vendors, service providers, or third-party companies to Broopi account.

 

RELATIONSHIP BETWEEN THE PROFESSIONALS

 

Independent Contractor: The Professionals/Vendors/Service Providers/Partner Companies will function as, and be recognized as, an independent contractor. The connection between the Company and the Professionals is on a principal-to-principal level. The Company and the Professionals operate as separate legal entities, and nothing in these T&Cs shall be interpreted as forming a partnership, joint venture, association of individuals, agency (either disclosed or undisclosed), franchise, sales representation, or employment connection between the Company and the Professionals. It is made clear that the Professionals shall not possess any authority to enter into any agreements for and/or on behalf of the Company or commit the Company in any way.

 

 

TERMINATION

 

1. These Terms will stay effective unless ended as per the conditions outlined herein ("Period").

 

2. We reserve the right to limit, suspend, or end your access to, or usage of, the Services, or any part of them, at any time and at our sole discretion, if you fail to adhere to any obligations, duties, or agreements set forth in these Terms, if you stop being a user of our Services,  if you are ineligible or likely to be ineligible under applicable law, or the criteria and policies of Broopi or its affiliates, to access and utilize the Services,  if you breach the Privacy Policy, or  for any valid business, legal, or regulatory reasons.

 

3. You can end these Terms at any moment and for any reason by notifying Broopi in writing or by going to the Broopi local city office.

 

4. the Account will become inactive, and you will be denied access to your Account, along with any files or other information stored in your Account;

 

At the conclusion of these Terms:

 

1. your entitlement to engage in the Platform, which includes but is not confined to, your entitlement to provide Prime Services, and your entitlement to obtain any payments or remuneration, including, but not limited to, referral discounts, incentive bonuses, or other unique offer rewards, shall automatically cease;

 

2. Broopi will remit to you within a reasonable timeframe all sums due to you, including any security deposit you provided during onboarding, payments for unutilized Broopi Credits, and other funds Broopi has collected from the Customer on your behalf as your collection agent, after deducting any amounts you owe to Broopi.

 

 

3. any rights or licenses provided to you under these Terms will cease immediately;

 

4. you will promptly eliminate, or, upon Broopi request, return all Broopi data, trademarks, service marks, or content that you possess or control; and

 

5. these Terms will end, except for those provisions that are explicitly or implicitly meant to endure after termination or expiration.

 

 

PROFESSIONALS/VENDOR PARTNER INFORMATION

 

1. Broopi may collect Professionals/ Vendor Partner Information at the time of onboarding of the Professionals/Vendor Partner and from time to time, to establish the identity of the Professionals. Broopi reserves the right to store, process, access and use the Professionals/Vendor Partner Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Broopi may deem fit and in accordance with Broopi’s Privacy Policy and applicable law. The Professionals/Vendor Partner hereby expressly consents to such collection and use of Professionals/Vendor Partner Information.

 

2. In accordance with relevant laws, Broopi may disclose to a third party, government entity, court, or any Professionals/Vendor Partner Information, or details regarding the Professionals/Vendor Partner, if there is a complaint, disagreement, or issue, including any ,misbehave with customer, or any criminal activities such as theft, robbery,Assets missing, property damage,demanding high money from customer, involving a Professionals/Vendor Partner and an end-consumer or another party.

 

3. Please read our Privacy Policy to understand how we deal / handle Information collected from you.

 

4. shall refer to and encompass any personal data or information gathered from the Professionals/Vendor Partner, including know your customer documents from the Professionals/Vendor Partner's bank, copies of valid government-issued Aadhar Card Address Proof, mobile numbers, bank account information, Pan Card Copy, identity verification, self-captured images (selfies), residence documentation, location data, proof of ownership of the Professionals/Vendor Partner, and any other information that Broopi may consider appropriate.

 

CONFIDENTIALITY

 

1. The Professionals/Vendor Partner will maintain the confidentiality of all information, including customer data, market insights, all work outputs, and Customer Property Details related to their visit locations, as well as the contents of the Platform, and will not sell or otherwise disclose that information to any external parties. Unless agreed otherwise, customer data will remain the sole property of the Company, and the Professionals/Vendor Partner may not utilize or share this data in any manner for any purpose other than to provide the Services, as allowed by the Company, and must maintain its confidentiality at all times.

 

DND Calling : You have consent to connect your customer through outgoing calls.

 

2. Any non-public information concerning us or shared by us or our affiliates with you that is marked as confidential or that should reasonably be regarded as confidential due to its nature or the context of its disclosure. Confidential information encompasses, but is not restricted to: (a) materials/information associated with Services and Platform; (b) information pertaining to our or our affiliates or business partners’ technology, software, clients, business strategies, product designs and plans, marketing and promotional efforts, finances and other business matters; (c) information from third parties, including clients, that we are required to maintain as confidential; (d) the nature, substance, and existence of any communications or negotiations between you and us or our affiliates; and (e) any additional information that should reasonably be kept confidential.

 

PRICING, PAYMENTS TERMS & TAXES.

 

1. Following your provision of Prime Services to the Customers via your use of the Services, Broopi will assist in the payment of the relevant sum owed by the Customer to you as your restricted payment collection agent. The payment of the sum due from the Customer in this way will be regarded as if the Customer paid you directly, and you hereby permit Broopi to solely collect and handle payments for you. Such payments will include applicable taxes when mandated by law. Payments made by the Customer to you are conclusive and non-refundable, except as otherwise specified by Broopi in line with these Terms.

 

2. Broopi will charge a convenience fee for offering online marketplace services to its users and will issue a separate invoice to Customers. If a Customer makes an online payment, you permit Broopi to keep its convenience fee from the total received online and send you the remaining funds along with your Pre-Deposit (secured when the lead was accepted). If a Customer pays you in cash for your Prime Services and the convenience fee, you permit Broopi to modify the convenience fee you collected on Broopi's behalf from the Pre-Deposit amount.

 

3. If you cancel a request made by a Customer after accepting it, you will have the discretion to decide whether to refund the Pre-Deposit to you. You acknowledge that if Broopi decides that the Pre-Deposit does not need to be returned to you because of the cancellation of an accepted request made by a customer, you will forfeit the right to seek any refund for the Pre-Deposit.

 

4. You acknowledge that Broopi may, from time to time, advance certain amounts to you Business Advances, upon your written request and subject to reasonable terms and conditions that Broopi may require you to comply with. In all cases where you avail of a Business Advance from Broopi, you will remain liable to repay the same to Broopi as per a pre- agreed repayment schedule. You further acknowledge and authorise Broopi to deduct the relevant amounts towards repayment of such Business Advances from the Broopi Credits or payouts due to you.

 

5. You agree that the Company reserves the right to delay a portion of the payment owed to you by a Customer, which may be necessary in specific situations, for a maximum duration of 90 (ninety) days, for reasons that may be conveyed to you.

 

6. We might utilize a third-party payment processor to charge Customers via the payment method chosen by the Customer. The handling of payments will comply with the terms and policies of the Payment Processor, along with the conditions governing Broopi's relationship with the Customers. We will not be responsible for any mistakes or omissions made by the Payment Processor.

 

7. You agree and acknowledge that Broopi may deduct amounts owed to you from any payment obligations you have, if applicable, to Broopi affiliates for, among other things, product purchases, acting as a collection agent for those affiliates.

 

Taxes : You agree Acknowledge that :

 

8. Broopi functions exclusively as a mediator for collecting payments and fees between you and Customers. State and local tax regulations differ greatly by area, and you accordingly acknowledge and accept that you are exclusively accountable for ascertaining your own tax reporting obligations with the help of tax professionals. Broopi is unable to, and does not, provide you with tax advice. Additionally, you acknowledge that Broopi will not be held responsible or liable in any way for any tax obligations you may face.

 

9. In case of unregistered housekeeping services Cleaning Services, broopi shall pay taxes and raise tax invoices under Section 9(5) of Central Goods and Services Tax Act, 2017, on your behalf. Additionally, any other applicable taxes (whether direct or Type here to search.

 

Conduct

 

1. Broopi forbids discrimination against Customers based on race, religion, caste, national origin, disability, sexual orientation, gender, marital status, gender identity, age, or any other characteristic that may be protected by relevant law. Such discrimination encompasses, but is not restricted to, any denial of the Prime Services due to any of these traits.

 

2. We ask that you show all Customers kindness and consideration. We maintain the right to deny access to the Services at our sole discretion if your behavior towards any Customer is discourteous, disrespectful, abusive, or otherwise considered inappropriate or illegal by us.

 

User Content

 

1. Our Platform might include interactive features or services enabling users who have registered or established a profile with us to post, upload, publish, show, send, or provide comments, reviews, suggestions, responses, concepts, or other content on or via the Platform ("User Content").

 

2. In order to ensure the effective delivery of the Services and for quality control reasons, we may ask for your feedback regarding Customers, and you understand and accept that Customers may give feedback about you to us. You must not intentionally supply false, incorrect, or deceptive information concerning the reviews. We will utilize reviews for quality assurance to assess if Customers and Service Professionals are suitable users of the Platform. If we decide at our exclusive discretion that you are not a suitable user, we hold the right to terminate your registration and remove you from our Platform, subject to any fees that might be refundable as per legal requirements.

 

 

3. You provide us with a non-exclusive, global, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to utilize, publish, exhibit, store, host, communicate, distribute, make accessible, modify, adapt, translate, and produce derivative works from the User Content for the operation of and in conjunction with the Services, as well as to use User Content for marketing and promoting the Services.

 

4. In relation to these Terms and the licenses provided under this clause, you hereby relinquish any claims that may arise from any moral rights or similar rights concerning the User Content.

 

5. You consent and recognize that Broopi may, without informing you, delete or otherwise limit access to User Content that, in its sole judgment, breaches these Terms.

 

CONSENT TO USE DATA

 

1. You consent to our collection and use of your personal data as outlined in our Privacy Policy. The Privacy Policy outlines the types of personal information that we gather or handle regarding you and how we manage that information.

 

2. In some cases, you may need to supply identification to access the Services or to receive the Prime Services, and you agree to comply. Not adhering to this request might lead to your inability to access the Services or offer the Prime Services.

 

3. Besides any consent you might give under the Privacy Policy, you hereby agree to us sharing your information with our affiliates or other external service providers. We might utilize information and data related to your usage of the Services for delivering the Services, conducting analytics, identifying trends, and statistical purposes to improve the effectiveness and efficiency of our Services.

 

4. You have consent to connect your customer through outgoing calls.

 

5. In accordance with relevant laws, we could be compelled by law enforcement agencies or governmental entities to reveal information concerning you in relation to criminal investigations. You acknowledge and consent that in these situations, we will have the authority to share that information with appropriate agencies or organizations.

 

PROPRIETARY RIGHTS

 

1. The Company is the exclusive owner and legal license holder of all rights related to the Platform and any other digital media along with its contents. The content refers to its structure, arrangement, written material, visuals, graphics, audio, video, the website/platform, etc., or any other digital media that incorporates trade secrets and Intellectual Property Rights safeguarded by international copyright and other regulations. All titles, ownership, and Intellectual Property Rights in the Platform and its content (excluding third-party links) will be retained by the Company, along with its affiliates, agents, authorized representatives, or licensors, as applicable.

 

2. The phrase “Intellectual Property Rights” refers to all rights related to intellectual property or equivalent proprietary rights, which include: (i) patent rights and utility models, (ii) copyrights and database rights along with moral rights, (iii) trademarks, trade names, domain names, and trade dress along with the related goodwill, (iv) trade secrets, and (v) rights concerning industrial designs; and for all of the above, it encompasses any registrations of, applications for registration, as well as renewals and extensions of, any of the aforementioned in any jurisdiction globally.

 

3. All rights not specifically asserted under these T&Cs or by the Company are hereby retained. The content found on this Platform is meant only to offer general information for the reader's personal use, who takes full responsibility for how it is used.

 

4. All associated icons and logos are registered trademarks, service marks, or word marks of the Company in different jurisdictions and are safeguarded under relevant copyrights, trademarks, and other proprietary rights legislation. The unauthorized duplication, alteration, utilization, or dissemination of these marks is strictly forbidden.

 

5. Provided you adhere to these T&Cs, the Company offers you a limited, non-exclusive, non-transferable license to download and install a version of the Broopi mobile application on one mobile device that you possess or manage, allowing you to use this copy of the Broopi mobile application strictly for your personal use and for delivering the Services.

 

6. Professional/Vendor data: In the relationship between Broopi and Professional, all rights, titles, and interests in: (i) the Information, (ii) any other data entered into the Platform by Professional or its authorized users (“Other Information”), and (iii) all Intellectual Property Rights related to the aforementioned, are owned by and exclusively belong to the Professional. Data and Additional Data are jointly termed as “Your Information”. Professional grants Broopi an unrestricted, non-exclusive, royalty-free, global license to utilize Your Information and perform any actions necessary for Broopi to operate, sustain, and enhance the Platform or deliver the Services to clients, along with a non-exclusive, perpetual, irrevocable, global, royalty-free, fully compensated license to use, reproduce, modify, and distribute the Other Information as included in the Aggregated Statistics (defined below). The Professional is entirely accountable for the precision, quality, truthfulness, integrity, legality, dependability, and suitability of Your Information. The Professional consents to access and utilize Your Information exclusively for the benefit of the Professional/customer and as outlined in these T&Cs or the Privacy Policy.

 

7. Combined statistics: Regardless of any other stipulations in these T&Cs, Broopi has the right to observe Professional/Vendor/Service Provider usage of the Platform and utilize data and information pertaining to that usage and Your Information in an aggregate and anonymous fashion, including to create statistical and performance data linked to the delivery and functioning of the Platform and the Services (“Combined Statistics”). In the relationship between Broopi and Professional/Vendor/Service Provider, all rights, titles, and interests in the Aggregated Statistics and all associated Intellectual Property Rights are owned and exclusively held by Broopi. The Professional/Vendor/Service Provider recognizes that Broopi will be gathering Aggregated Statistics from Your Information and data entered by other customers or other Professional/Vendor/Service Provider into the Platform. The Professional/Vendor/Service Provider consents that Broopi can: (i) share the Aggregated Statistics publicly, and (ii) utilize this information as needed to comply with applicable law and for data collection, analysis, service improvement, and marketing, as long as this data does not reveal Professional/Vendor/Service Provider identity.

 

8. The Professional/Vendor/Service Provider will refrain from doing the following:

 

 

9. License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially utilize or provide access to the Platform to any third party in any manner;

 

Alter or create derivative works based on the Platform;

 

1. Establish internet “connections” or “frames” or “duplicate” any application on any different server or wireless or internet-connected device;

 

2. Deconstruct or gain entry to the Platform for the purpose of:

create or construct a competitive offering or solution, create or construct a product utilizing comparable concepts, characteristics, functionalities, or visuals of the Platform, or  duplicate any concepts, attributes, capabilities, or visuals of the Platform, or initiate an automated application or script, encompassing, but not restricted to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms, or any application that could generate numerous server requests per second, or excessively burdens or interferes with the operation and/or functionality of the Platform.

 

INDEMNITY

 

1. The consents to indemnify, defend, and protect the Company, its affiliates, licensees, and its officers, directors, agents, and employees, from and against any claims, liabilities, obligations, losses, damages, deficiencies, assessments, judgments, costs, or expenses (including, but not limited to, costs and expenses incurred in preparing for and defending against or pursuing any litigation, claim, action, suit, proceeding, or demand) of any nature or type, arising from or in any way associated, relating to, or attributable to any inaccuracy, breach, or failure by the Professional/Vendor/Service to fulfill its obligations under these T&Cs or the applicable laws concerning the performance of the Services.

 

2. Broopi maintains the right, at your cost, to take over the exclusive defense and management of any issue for which you must indemnify Broopi, including the authority to settle, and you agree to assist Broopi in this defense and settlement process. Broopi will make reasonable efforts to inform you of any claim, action, or proceeding initiated by a third party that falls under the aforementioned indemnification as soon as it becomes aware. Professional/Vendor/Service may, at its own cost, hire independent legal counsel to assist Professional/Vendor/Service with a claim and take part in the defense of the claim, while Professional/Vendor/Service retains the right to oversee the defense and settlement.

 

3. You will indemnify and defend us at our discretion, keeping us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, protected from any claims, demands, lawsuits, legal actions, losses, liabilities, damages, and expenses (including, but not limited to, all damages, liabilities, settlements, and legal fees), resulting from or related to your access to and use of the Services, your delivery of the Prime Services, breach of these Terms, or any breach of these Terms by any third party that may utilize your Account.

 

4. If Broopi believes that you have delivered the Prime Services inadequately, or  caused harm or damage to a Customer or their property, Broopi  may, at its sole discretion, without accepting any responsibility or affecting its position as an intermediary, reimburse that Customer for the inadequate service or harm or damage incurred, as relevant. You consent that Broopi may partially or fully collect from you the amount owed to the Customer as compensation, with your agreement to our collection of these funds. In cases where the compensation to the Customer as stated above includes any warranties related to the Prime Services (including any supplementary goods utilized and/or spare parts provided by you), such amounts and responsibilities shall be transferred to you, and Broopi will have the right to reclaim the total amount from you.

 

5. We will compensate, protect, and keep You safe from any claims, demands, lawsuits, legal actions, losses, liabilities, damages, and expenses (including, but not limited to, all damages, liabilities, settlements, and attorney's fees), resulting from, or stemming from, Broopi gross negligence, fraud, or intentional wrongdoing.

 

DISCLAIMERS

 

1. THE COMPANY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OFFERED BY Broopi AND/OR THE PLATFORM. THE COMPANY DOES NOT GUARANTEE OR ASSURE THAT (A) THE USE OF THE SERVICES OFFERED BY Broopi AND/OR THE PLATFORM WILL BE SAFE, PROMPT, CONTINUOUS OR WITHOUT ERRORS OR FUNCTION IN CONJUNCTION WITH ANY OTHER EQUIPMENT, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM / SERVICE WILL SATISFY YOUR NEEDS OR EXPECTATIONS, (C) ANY DATA STORED WILL BE CORRECT OR DEPENDABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION YOU RECEIVE THROUGH THE PLATFORM WILL FULFILL YOUR NEEDS OR EXPECTATIONS, (E) ERRORS OR FAULTS IN THE SERVICES PROVIDED BY BROOPI AND/OR THE PLATFORM WILL BE RESOLVED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE FROM VIRUSES OR OTHER DANGEROUS ELEMENTS. THE PLATFORM IS OFFERED TO YOU STRICTLY ON AN “AS IS” BASIS.

 

2. All conditions, representations, and warranties, whether expressed, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, suitability for a specific purpose, or non-infringement of third-party rights, are hereby excluded and denied to the greatest possible extent. The Company offers no representation, warranty, or guarantee regarding the reliability, safety, timeliness, quality, suitability, or availability of the Platform. You recognize and accept that all risks associated with your use of the Platform are entirely and completely yours, and you will have no claim whatsoever against the Company.

 

3. The Platform might experience limitations, delays, and various issues that are typical of internet use and electronic communication, such as your device being faulty, disconnected, out of range, turned off, or not operating properly. The Company is not liable for any delays, failures in service, disruptions, errors, damages, or losses arising from such issues. Access to the Platform or the Services may occasionally be unavailable, delayed, restricted, or slowed down due to the fundamental characteristics of the internet and, among other reasons, also because of:

 

4. Servers, networks, hardware malfunctions (which includes your own computer or mobile device), telecommunication lines and links, alongside other electronic and mechanical devices

 

5. Software malfunction, which encompasses various issues such as bugs, errors, viruses, configuration issues, system incompatibilities, utilities or application conflicts, firewall or screening program operations, unreadable code, or discrepancies in specific documents or content;

 

 

Excess demand on system capabilities;

 

1. Harm resulting from intense weather, earthquakes, conflicts, rebellion, disturbances, civil unrest, acts of God, accidents, fires, water damage, explosions, mechanical failures, or natural calamities;

 

2. Interruption (either partial or complete) of power supplies or other utility services, work stoppage, or strike (whether partial or complete) of labor;

 

3. Government or regulatory limitations, exchange decisions, judicial or tribunal directives, or other human actions; or

 

4. Any other reason (regardless of being similar or different from the above) that is beyond Broopi's control.

 

5. The Services are offered on an "as is" basis without any warranty, whether express, implied, statutory, or otherwise, which includes but is not limited to the implied warranties of title, non-infringement, merchantability, or suitability for a specific purpose. Without restricting the above, we offer no guarantee that the Services will fulfill your needs or anticipations.

 

6. Any advice or information, whether spoken or written, received by you from us shall not establish any warranty that is not explicitly stated in the Terms.

 

7. You acknowledge and agree that we are simply a Platform that links you with Customers, and we will not be responsible in any way for obligations that are not clearly outlined in these Terms. Insofar as a claim or liability cannot be solely assigned to Broopi’s actions or failures, We are not responsible for fulfilling any bookings, for your execution of the Prime Services, or for your actions or omissions while providing the Prime Services, including any harm you may inflict on property. By reserving Prime Services via the Platform, you are forming a contract with the corresponding Customer for those services, and we hold no responsibility or liability, nor do we provide any warranty, representation, or guarantee regarding your performance under that contract. All contractual or commercial conditions related to the Prime Services are established between you and Customers, and these conditions may encompass, without limitation, relevant taxes, transportation expenses, payment conditions, dates, duration, delivery of products or services, warranties or guarantees pertaining to the Prime Services, post-sales or after-sales support, and customer satisfaction. Broopi may, however, provide support services to you, which may include, but are not limited to, payment collection, communication assistance, and other related services.

 

8. You acknowledge that the connection between Broopi and yourself is voluntary, non-exclusive, based on a principal-to-principal relationship, and both parties are allowed to pursue other arrangements or agreements with any third party. Broopi does not offer, and you will not request from Broopi, any oversight, guidance, or authority regarding the Prime Services you provide to Customers.

 

9. You affirm that you have acquired all necessary licenses, permits, authorizations, and tax registrations mandated by applicable laws or according to industry standards to deliver and offer the Prime Services.

 

10. You acknowledge and accept complete responsibility for any outcomes that may result from your use of the Services and your delivery of the Prime Services to Customers, and you explicitly agree and recognize that we will have no liability in this matter.

 

11. You recognize and accept that Broopi is not involved in offering, granting, or distributing any financial products. Broopi is not and will not be liable for any claims or damages incurred that are related, either directly or indirectly, to the use of financial products.

 

12. Broopi serves solely as a technology platform service provider and (i) is not registered with the Reserve Bank of India, (ii) lacks a license to conduct any activities related to financial products, and (iii) is not categorized as a financial institution under the Companies Act, 2013, the Banking Regulation Act, 1949, or any other applicable laws currently in effect in India.

 

13. Broopi will uphold a complaints management system and will oversee this system for Service Professionals in a fair manner, complying with the mandatory provisions of applicable laws.

 

14. You acknowledge that your ongoing use of the Services depends on meeting a minimum level of ratings determined by Customers' feedback. The ratings threshold for your city and category will be shared with you through the Platform, via text message, or by a Broopi employee in your location. If your ratings drop below the minimum level, your access and use of the Platform will be temporarily restricted, and you might need to participate in a training session to regain access to the Services. Despite any provisions in this subclause, Broopi maintains the right to end the Terms if your ratings drop below the specified threshold following your participation in a training session.

 

15. You acknowledge that you are responsible for securing the data network access required to utilize the Services. Charges and fees related to data and messaging from your mobile network might apply when accessing or using the Services from a wireless device, and you will be accountable for these rates and fees. You are tasked with obtaining and refreshing compatible hardware or devices needed to access and utilize the Services. Broopi does not ensure that the Services, or any part of them, will operate on any specific hardware or device.

 

16. You agree that you will not, either intentionally or unintentionally, create or express any negative or defamatory remarks or comments concerning Broopi, its brand name, or domain name, including "BROOPI" or "Broopi," nor will you engage in any actions or omissions that could harm the reputation or brand ofBroopi, or Broopi’s trademarks, trade name, or the goodwill linked to those trademarks or trade name that are owned by or licensed to us.

 

17. You acknowledge that you will be accountable for supplying Broopi with any details regarding the products and services sold or intended to be sold by you on the Platform when requested by Broopi.

 

18. To the maximum extent allowed by law, we, our affiliates, and our related entities hereby deny all responsibility for any loss or injury resulting from or related to:

 

19. your utilization of, inability to utilize, or presence or absence of the Services, including the presence or non-presence of Leads;

 

20. the presence or existence of any flaw, break, or holdups in the functioning or transmission of information to, from, or via the Services, failures in communication, theft, damage, or unauthorized access to our data, programs, services, servers, or other infrastructure associated with the Services;

 

LIMITATION OF LIABILITY

 

1. The Company shall not be responsible to the Professional/Vendor/Service for any conditions, suitability, quality, merchantability, or fitness for any purposes concerning the Platform or the Services offered via the Platform, and shall not be liable for any civil, criminal, tortious, or other liabilities that may arise from the use and access of the Platform.

 

2. To the degree allowed by relevant laws, the Company shall not be responsible for any civil, criminal, tortious, or other liabilities that may arise due to the Professional/Vendor/Service breach of: (a) applicable legal requirements related to the use of the Platform or Repair, Cleaning of the Services; (b) the conditions of necessary licenses and permits provided by Local District Police ; (c) the stipulations outlined in these T&Cs; or  the duty of care the  Professional/Vendor/Service has toward the Platform users.

 

3. The Company is not liable for the actions, conduct, or lack thereof of the or the quality of the Service/Product . Any agreement for the supply of a Service/Items, is solely between the customer and the Professional/Vendor/Service, with the Company not being part of it.

 

4. The Company does not guarantee or support the accuracy or dependability of any information or advertisement found on, distributed via, or linked to, downloaded, or accessed from any services present on the Platform, nor the quality of any products, information, or other materials showcased, or acquired by you as a result of any product, information, or other materials presented, or acquired by you due to an advertisement or any other information or offer related to the Services.

 

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

 

1. These T&Cs shall be regulated by and understood in every way in line with the legal system of the Republic of India.

 

2. In accordance with the stipulations outlined in Clause XIV.3, the parties agree to submit to the exclusive authority of the courts located in Bangalore, India.

 

3. All disagreements arising from or related to these T&Cs will be resolved amicably between the parties. If no friendly resolution is reached within 15 (fifteen) days from the date one party first raises the dispute with the other, the parties shall settle the dispute through arbitration in accordance with the Arbitration and Conciliation Act, 1996.

 

4. The arbitration process will be overseen by an arbitral tribunal made up of 1 arbitrator jointly selected by you and the Company.

 

5. The arbitration process will take place solely in the English language, with Bangalore, India designated as the arbitration seat.

 

6. The decision made by the arbitral tribunal shall be conclusive and obligatory.

 

 

ASSIGNMENT

 

The Professional/Vendor/Service cannot transfer its rights or duties under these T&Cs unless it has received prior written consent from the Company. The Company can transfer any of its rights and responsibilities to its affiliates or third parties without needing prior approval or notification.

 

AMENDMENT

 

These T&Cs might be revised periodically and as needed, at the Company's exclusive discretion. Should BROOPI implement any changes to these T&Cs that it considers significant, BROOPI will endeavor to notify you of such alterations, but you are responsible for periodically reviewing the T&Cs available on the Platform to check for any modifications. The revised version of these T&Cs will replace the existing one, and the updated version will take effect immediately once it is posted on the Platform. The ongoing use of the Platform after receiving a notification about changes to the T&Cs or after they have been updated on the Platform will be interpreted as acceptance of the modified T&Cs.

 

SEVERABILITY

 

If any clause or segment of a clause of these T&Cs is deemed invalid, unenforceable, or restricted by relevant laws of the Republic of India, that clause or segment will be separated from these T&Cs and will be treated as distinct regarding that clause or segment, rendering it ineffective and not included in the agreement between you and the Company. The rest of these T&Cs will remain valid and enforceable and will hold the same effect as if that clause were excluded from this document.

 

INSURANCE

 

The Company may, at its sole discretion, provide insurance for the Professional/Vendor/Service-Provider against any accident experienced by the Professional/Vendor/Service-Provider while delivering Services through the Platform. The Company retains the right to reclaim any sums disbursed by the Company instead of the insurance from the Professional/Vendor/Service-Provider .

 

NOTICES

 

The Company may provide notice through a general announcement on the Platform, via email to your registered email address in the Company’s account information, or through written communication sent by regular mail to the  Professional/Vendor/Service-Provider address that is recorded in the Company’s account information.

 

Professional/Vendor/Service-Provider needs to send any notice at email id: Professionals@broopi.com

 

 

CUSTOMER CARE AND GRIEVANCE REDRESSAL

 

1. Any Opinions, concerns, or recommendations regarding the Platform can be communicated/resolved by contacting the customer service phone number or email listed below:

 

Customer Care details: Support@broopi.com

 

2. Any complaint, disagreement, or grievance regarding the Services or the Platform must be directed to BROOPI as provided below. Any such complaint, dispute, or grievance will be addressed in accordance with relevant laws.

 

Grievance Officer: VINAY PRASAD

E-mail: grievance@broopi.com

Address: 243/A Ashirwad sadan 3rd block 54th Cross Rajajinagar Bangalore 560010 India.