These Terms & Conditions (the “Terms”) govern your access to and use of the Brokker website and mobile application (together, the “Platform”). Please read them carefully. By creating an account or using the Platform, you accept these Terms.
1. Legal notice
Brokker is a brand of TECHNOVA, a French limited liability company (SARL), registered with the Paris Trade and Companies Register under number 941 404 667 (SIRET 941 404 667 00011), with its registered office at 60 rue François Ier, 75008 Paris, France. VAT number: FR37 941 404 667. In these Terms, “Brokker”, “we” and “us” refer to TECHNOVA.
Contact: contact@brokkerspot.com.
2. Definitions
- User: any person who accesses the Platform, with or without an account.
- Member: a User who has created an account.
- Professional: a Member acting for professional purposes, in particular real estate agents and brokers (“Brokers”) and professional property owners.
- Consumer: an individual acting for purposes outside their trade, business or profession.
- Listing: an advertisement for a property offered for sale or rent, published by a Member.
- Content: any text, photo, document, message or other information published or sent by a Member on the Platform.
3. Purpose and acceptance
These Terms set out the conditions under which Brokker makes the Platform available and the rights and obligations of Users. They are accessible at any time from the Platform and may be saved or printed.
Creating an account requires you to expressly accept these Terms and to acknowledge the Privacy Policy. If you do not accept them, you must not use the Platform.
4. Role of Brokker
Brokker is an online platform that allows Members to publish and consult property Listings, to contact each other and to sign documents electronically.
Brokker is not a real estate agent, does not hold the professional card required by French law no. 70-9 of 2 January 1970 (the “Hoguet Law”), does not negotiate, does not receive funds, and is not a party to any contract concluded between Members (sale, lease, mandate or other). Those contracts are concluded directly and solely between the Members concerned, who remain responsible for their performance.
For each Listing, the Platform indicates whether the publisher has declared themselves to be a Professional or a private individual. Where the publisher is a private individual, consumer protection rules arising from EU law do not apply to the contract concluded with them.
5. Account
To create an account, you must be at least 18 years old and have full legal capacity. You agree to provide accurate, complete and up-to-date information and to keep it up to date.
Your login details are personal and confidential. You are responsible for any use of your account and must inform Brokker without delay of any unauthorised use. Only one account per person is allowed.
You may delete your account at any time from the app settings or by contacting Brokker.
6. Price of the service
Access to and use of the Platform are currently free of charge. Brokker receives no remuneration on transactions concluded between Members. Should paid features be introduced, they will be governed by specific terms presented and accepted before any payment.
7. Listings and content
Members are solely responsible for their Content. By publishing a Listing, you warrant that:
- you are the owner of the property or are duly authorised to offer it (in particular by a valid mandate);
- the Listing is accurate, honest and up to date, relates to a real and available property, and is removed once the property is no longer available;
- the Listing includes all information required by law, in particular, for properties in France, the energy performance class (DPE) and greenhouse gas emissions class, the price and, where applicable, the fees payable and by whom;
- you hold all the rights to the photos and documents you publish.
The following are prohibited: false, misleading or duplicate Listings; any discrimination, in particular based on origin, sex, family situation, health, disability, religion or any other criterion prohibited by law; unlawful, defamatory, hateful, violent or pornographic Content; spam, fraud or phishing; collecting other Members' data for other purposes; and any attempt to compromise the security or operation of the Platform.
You grant Brokker, free of charge and for the duration of publication of your Content, a non-exclusive licence to host, reproduce, adapt (for formatting purposes) and display your Content on the Platform and in Brokker's promotion of the Platform, worldwide, solely for the purposes of operating and promoting the Platform. This licence ends when the Content is deleted, subject to technical retention periods and legal obligations.
8. Professional users
Brokers using the Platform in France must hold a valid professional card (carte T), financial guarantee and professional liability insurance in accordance with the Hoguet Law, and comply with all rules applicable to their activity. Professionals operating in other countries must comply with the rules of those countries.
The “verified” badge indicates that Brokker has carried out checks on the Broker’s profile on the date of verification. It does not guarantee the quality of the Broker's services.
In accordance with Regulation (EU) 2019/1150 (“P2B”), Professionals benefit from the information on ranking (section 9), from reasoned notice before any restriction, suspension or termination (section 12) and from the complaint process (section 18). Any change to these Terms will be notified to them at least 15 days in advance.
9. Ranking of listings
By default, Listings are displayed according to the search criteria and filters chosen by the User (location, type of property, price, number of rooms, etc.) and then by date of publication, most recent first. No payment influences the ranking of Listings. Should this change, it will be clearly indicated.
10. Messaging and e-signature
The messaging service allows Members to communicate about Listings. It must be used courteously and solely for this purpose.
The electronic signature tool is provided by a third-party service provider. Electronic signatures are recognised under articles 1366 and 1367 of the French Civil Code and Regulation (EU) No 910/2014 (“eIDAS”). Brokker provides only the technical tool. It does not draft, check or guarantee the content, validity or legal consequences of the documents signed. Members are advised to seek professional advice before signing.
11. Reporting illegal content and moderation
In accordance with Regulation (EU) 2022/2065 (“Digital Services Act”), any person can report Content they consider illegal or contrary to these Terms using the “Report” button available on each Listing and profile, or by writing to contact@brokkerspot.com. The report should state the reasons, the exact location of the Content, and the reporter's name and email address (except for certain offences listed by law).
Brokker processes reports diligently and objectively, informs the reporter of its decision, and may remove Content, restrict its visibility or suspend an account. The Member concerned receives a clear statement of reasons and may challenge the decision free of charge through the complaint process (section 18) or, where applicable, through a certified out-of-court dispute settlement body.
Point of contact for authorities and Users: contact@brokkerspot.com, in French or English.
12. Suspension and termination
In the event of a breach of these Terms or the law, Brokker may, in proportion to the seriousness of the breach, issue a warning, remove Content, or suspend or terminate an account. Except in cases of serious or repeated breach, or a legal obligation, the Member is notified in advance with the reasons. Professionals are notified at least 30 days before any termination of their account, except in the cases provided for by the P2B Regulation.
Members may terminate their use of the Platform at any time by deleting their account.
13. Intellectual property
The Platform and all its components (brand, logo, design, software, texts, databases), excluding Members' Content, are the exclusive property of Brokker or its licensors. Any reproduction, extraction or use without prior written authorisation is prohibited.
14. Personal data
Brokker processes your personal data as controller in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act. Information about the data collected, purposes, legal bases, retention periods and your rights (access, rectification, erasure, objection, restriction, portability) is set out in the Privacy Policy. You may also lodge a complaint with the CNIL (www.cnil.fr).
15. Liability
Brokker undertakes to make reasonable efforts to keep the Platform available and secure, without guaranteeing uninterrupted access. Access may be temporarily suspended for maintenance.
As a hosting provider, Brokker is not liable for Members' Content unless, having become aware of its manifestly illegal nature, it fails to act promptly to remove it. Brokker is not liable for contracts concluded between Members, the accuracy of Listings, or the conduct of Members.
Nothing in these Terms limits or excludes Brokker's liability where this is not permitted by law, in particular in the event of gross negligence or wilful misconduct, or the statutory rights of Consumers.
16. App stores
If you download the app from the Apple App Store or Google Play, these Terms are concluded between you and Brokker only, and not with Apple or Google, which are not responsible for the app or its content. You must also comply with the terms of use of the relevant store.
17. Changes to these Terms
Brokker may change these Terms, in particular to reflect changes in the law or the Platform. Members will be informed by email or in-app notification at least 15 days before the changes take effect. If you do not accept the new Terms, you may delete your account before that date. Continued use after that date constitutes acceptance.
18. Complaints and mediation
Any complaint can be sent to contact@brokkerspot.com. Brokker will respond within a reasonable time.
In accordance with articles L.612-1 et seq. of the French Consumer Code, if your written complaint has not been resolved, Consumers may refer the dispute free of charge to a consumer mediator, whose details are available on request at contact@brokkerspot.com, within one year of their written complaint.
19. Governing law and jurisdiction
These Terms are governed by French law. Consumers residing in another country keep the benefit of the mandatory provisions of the law of their country of residence.
Any dispute with a Consumer will be brought before the competent court as provided by law, including the court of the Consumer's domicile. Any dispute with a Professional will be subject to the exclusive jurisdiction of the courts of Paris.
20. Language and contact
These Terms are available in French and English. In the event of any discrepancy, the French version prevails.
For any question: contact@brokkerspot.com — TECHNOVA, 60 rue François Ier, 75008 Paris, France.