Terms of Service — NearbyGarageSale

Operator: NearbyGarageSale (the "Platform") is owned and operated by Hochcode Technology Private Limited, a company incorporated in India, with its registered office in Jaipur, Rajasthan, India ("Hochcode", "we", "us", "our").

If you are using the Platform in a country where mandatory local consumer-protection law gives you rights that conflict with these Terms, that mandatory law prevails only to the extent of the conflict — see Section 16 (Governing Law, Jurisdiction & Local Law Notice).

1. Definitions

The following terms have the meanings below wherever they appear capitalized in these Terms:

• "Platform" means the Nearby Garage Sale website, mobile applications, and related services operated by Hochcode.
• "User" means anyone who creates an account or otherwise uses the Platform, including Buyers and Sellers.
• "Listing" means a garage sale, yard sale, or bundle or collection of second-hand items posted on the Platform.
• "Buyer" means a User who expresses interest in, or is confirmed to purchase or receive, an item through a Listing.
• "Seller" means a User who creates a Listing to sell, give away, or otherwise dispose of items.
• "Content" means any text, photo, video, rating, review, message, or other material a User submits to the Platform.
• "Transaction" means any sale, exchange, or transfer of an item arranged between a Buyer and a Seller through the Platform.

2. Scope of Service

Nearby Garage Sale is a hyper-local marketplace that helps Users discover, list, and arrange the sale, giveaway, or pickup of garage sales, yard sales, and bundles or collections of second-hand items. The Platform enables Users to connect and communicate with one another. Hochcode is not the seller, buyer, reseller, broker, agent, warehouse, shipper, escrow provider, or payment intermediary for any item or Transaction conducted through the Platform.

3. Eligibility & Account

• You must be at least 18 years old (or the age of majority in your country) and legally able to enter into a binding contract.
• One account per person. You must not create an account for another person without authority, and you must not share your login credentials with others. You are responsible for all activity under your account.
• You must provide accurate information, including your country and contact details, and keep it current.
• We may refuse registration, require verification, suspend access, or terminate accounts that appear false, misleading, duplicative, suspicious, or in violation of these Terms or applicable law.

4. Country-Lock & Local Law

Nearby Garage Sale is a hyper-local marketplace. You may only list to, browse, buy from, or message Users within the country saved on your profile. Where the Platform operates on a regional basis, these restrictions may also apply by region. Attempts to bypass country-lock (VPNs, false addresses, etc.) may lead to suspension.

You remain responsible for complying with the consumer-protection, tax, and import/export laws that apply to you locally, as well as any local resale, safety, municipal, licensing, or pickup-location rules that apply to your activity.

5. Listings

• You must own the items you list, or otherwise have the legal right to sell or give them away.
• Descriptions and photos must be accurate and current. If your Listing describes an entire garage sale, yard sale, or bundle, you must describe it honestly as a grouped sale and not as a guaranteed inventory list. Unless you expressly state otherwise, photos and descriptions are illustrative of the overall sale and do not guarantee that each pictured or described item will remain available at pickup.
• Prohibited items include (non-exhaustively): weapons and ammunition, illegal drugs, prescription medication, counterfeit or trademark-infringing goods, live animals, human remains, hazardous or recalled goods, stolen property, adult content, and CITES-regulated goods. See Trust & Safety for the full list.
• You are responsible for knowing category-specific rules where you live (e.g. alcohol/tobacco restrictions in the US, CE/UL marking in the EU/UK, BIS marking in India, electrical safety rules in Australia).
• If a specific item shown or described in a garage sale Listing becomes unavailable before pickup, the Buyer and Seller may agree to continue, adjust the price, substitute another item, or cancel. The Platform does not guarantee item availability or enforce such arrangements.
• We may remove, restrict, edit, or disable Listings that appear to violate these Terms, our Trust & Safety rules, or applicable law, without prior notice where reasonably necessary for safety, compliance, or fraud prevention.

6. Transactions & Payments

All payment for items happens directly between Buyer and Seller, off the Nearby Garage Sale Platform — for example in cash at pickup, or by any other method the two of you agree between yourselves. Hochcode does not collect, hold, process, escrow, or route any part of the item price, and is not a party to, or guarantor of, the underlying sale.

Because we do not touch the money side of your Transaction, we accept no liability of any kind relating to payment — including non-payment, short payment, fraudulent payment, chargebacks, currency issues, or payment-method disputes between Users. This section does not affect any Platform service fee described in Section 11.

We do not provide refunds, escrow, price protection, insurance, or financial dispute resolution for Transactions between Users. Users are solely responsible for agreeing on price, verifying item condition before payment, and using safe meeting and payment practices.

7. Buyer Interest & Seller Decision

• When you tap "I'm interested" on a Listing, you're added to that Listing's interest queue in the order you expressed interest. Being added to the queue does not guarantee purchase rights, exclusivity, reservation, or completion of a Transaction.
• The Seller reviews interested Buyers and, for each one, makes a single decision: Confirm or Decline. There is no intermediate "hold" state.
• If a Buyer is declined, the Seller moves to the next person in the queue.
• Once the Seller confirms a Buyer, that item is marked reserved for them; other queued Buyers are notified automatically. A reservation may expire if the Buyer does not respond or complete pickup within the time stated by the Seller or the Platform.
• An "I'm interested" tap and a Seller's "Confirm" are expressions of intent to transact, not a legally binding sale — the sale itself only completes at pickup, when payment (handled entirely off-platform per Section 6) and item transfer occur between Buyer and Seller.
• A Buyer may cancel a confirmed pickup before the meeting time by notifying the Seller through available Platform tools. A Seller may also cancel before pickup if the Listing is no longer available, the Buyer is unresponsive, safety concerns arise, or for another legitimate reason. Repeated cancellations, fake interest, no-shows, or manipulative conduct may lead to reduced visibility, suspension, or termination.

8. Ratings & Reviews

Either party may leave a rating after a confirmation and again after a completed pickup. Reviews must be honest, first-person, and free of personal data, spam, or unlawful content. We may remove reviews that break these rules.

Reviews should focus on the transaction experience — such as communication, punctuality, accuracy of description, and overall condition of items received — and must not be used for extortion, threats, or false factual allegations.

9. Acceptable Use

• No harassment, hate speech, threats, stalking, or doxxing.
• No scraping, bots, or reverse engineering of the service.
• No spam or off-platform solicitation intended to defraud another User.
• No malware, exploits, or content that infringes someone else's intellectual property.
• No fake or misleading garage sale Listings, sham buyer interest, or use of the Platform mainly to collect leads, advertise unrelated commercial services, or facilitate unlawful activity.

10. Disputes Between Users

Try to resolve disputes directly with the other User first. If that doesn't work, report it through the in-app Report button; our Trust & Safety team may review, warn, remove content, or suspend accounts. We adjudicate policy violations, not money disputes between Users — see Sections 6 and 11.

If a dispute involves suspected fraud, prohibited items, threats, safety concerns, or unlawful conduct, Users should also consider reporting the matter to local law enforcement or other competent authorities. Hochcode may preserve records where appropriate and cooperate with lawful requests, subject to applicable law and the Privacy Policy.

11. Liability & Disclaimer

The service is provided "as is" and "as available," without warranties of any kind, to the maximum extent the law where you live allows.

Fee-based liability cap

To the fullest extent permitted by applicable law, Hochcode has no liability to you for any claims arising out of or relating to a given Transaction, Listing, or your use of the Platform. If a court or regulator of competent jurisdiction nonetheless finds Hochcode liable for any such claim, Hochcode's total aggregate liability to you for that claim is limited to the amount of fees, if any, that Hochcode actually charged and received from you for the specific Listing or Transaction giving rise to the claim.

This cap applies to direct, indirect, incidental, consequential, special, exemplary, and punitive damages alike, and to claims arising from:

• any item bought, sold, donated, or exchanged through the service, including defective, unsafe, counterfeit, or illegal items;
• any in-person meeting, pickup, transport, or interaction between Users;
• any payment made off-platform between Users (see Section 6);
• personal injury, property damage, theft, fraud, harassment, or assault occurring around a Transaction;
• reliance on Listings, prices, locations, photos, ratings, or descriptions;
• service interruptions, bugs, or security incidents.

You use the service at your own risk, and are responsible for verifying the other party's identity, inspecting items before paying, choosing a safe meeting place, and following the laws that apply to you.

What this cap does not touch

Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited, including — depending on where you live — liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, willful misconduct, or statutory consumer guarantees that cannot be contracted out of (see Section 16). Where a court or regulator holds that our liability cap is unenforceable for a particular claim or requires adjustment to comply with mandatory law, the cap will be read down to the minimum extent necessary to make it enforceable, rather than the whole clause falling away.

Nothing in these Terms prevents us from investigating complaints, removing content, restricting accounts, or taking safety and compliance measures as required by law or our policies.

12. Indemnification

You agree to indemnify, defend, and hold harmless Hochcode, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your Listings or Content; (c) any Transaction you enter into with another User; (d) your violation of these Terms; or (e) your violation of any law or the rights of a third party.

This obligation survives termination of your account, to the extent permitted by applicable law. Nothing in this section requires you to indemnify us for our own fraud, willful misconduct, or gross negligence where such an exclusion is required by law.

13. Intellectual Property

You keep ownership of Content you post. You grant Hochcode a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt for technical purposes, display, distribute, and use that Content solely to operate, improve, secure, promote, and enforce the Platform and its policies. You represent that you have the rights necessary to post such Content and to grant this license.

We may remove or disable Content alleged to infringe intellectual property, privacy, publicity, or other rights, and may terminate repeat infringers where appropriate.

14. Termination

You may delete your account anytime in Settings. We may suspend or terminate accounts for serious or repeated Terms violations, or where required by law.

We may also suspend, limit, or verify accounts or Listings where reasonably necessary for security, fraud prevention, legal compliance, investigation, or protection of other Users. Termination or suspension does not affect provisions that by their nature should survive, including liability, indemnity, dispute handling, intellectual property, and records retention obligations.

15. Force Majeure

Hochcode will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authority, fire, flood, strikes, power or internet/telecommunications outages, or failures of third-party service providers.

16. Governing Law, Jurisdiction & Local Law Notice

These Terms, and any dispute arising out of or relating to them or to Hochcode's operation of the Platform, are governed by the laws of India, and the courts of Jaipur, Rajasthan, India — the city where Hochcode Technology Private Limited is incorporated — have exclusive jurisdiction, except where a mandatory law where you live requires otherwise.

That exception matters in practice. Several jurisdictions give consumers non-waivable protections that a private contract cannot override, regardless of the governing-law clause above:

• India — rights under the Consumer Protection Act, 2019 (including e-commerce rules) remain available to you in your local consumer forum where the Act gives you that right.
• European Union — under EU unfair-contract-terms rules, a clause cannot deprive you of protections that mandatory law of your EU country of residence would otherwise give you, and you may retain the right to bring proceedings in your home courts as a consumer.
• United Kingdom — under the Consumer Rights Act 2015, a term limiting liability must be fair, and it cannot exclude liability for death or personal injury caused by negligence; unfair terms are not binding.
• Australia — the Australian Consumer Law's consumer guarantees, and its unfair-contract-terms regime, cannot be excluded.
• United States — state-level consumer-protection statutes that cannot be waived by contract continue to apply where relevant.

Where any part of this section conflicts with a mandatory protection above, that protection governs to the extent of the conflict; the rest of these Terms remain in force.

17. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court or regulator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced here (including Trust & Safety), constitute the entire agreement between you and Hochcode regarding the Platform, and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter.

19. Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. Hochcode may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

20. Electronic Communications & Notices

By using the Platform, you consent to receive communications from us electronically, including by email, push notification, or in-app message. Notices to you are considered given when sent to the email or contact details on your account. Notices to Hochcode should be sent to the contact details in Section 23.

21. Export & Sanctions

You may not use the Platform if you are located in, or a resident of, a country or region subject to comprehensive trade sanctions, or if you are listed on any restricted-party or denied-persons list under applicable export control or sanctions laws. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Platform.

22. Changes to These Terms

We may update these Terms. We'll give at least 30 days' notice in-app for material changes, and may also provide a short summary of key updates in plain language. Continuing to use the service after the effective date of an update means you accept it. If you do not accept the updated Terms, you must stop using the Platform and may close your account before the effective date.

23. Contact & Grievance Officer

Website: www.nearbygaragesale.com

Customer support: support@nearbygaragesale.com

In accordance with applicable Indian e-commerce requirements, the Grievance Officer's email id is displayed on the Platform, consumer complaints are acknowledged within 48–72 hours, and complaints are redressed within one month from receipt.