Auction Now (Private) Limited (trading as “AuctionNow”)
Last updated: 13th day of June, 2026
These Terms and Conditions (the “Terms”) govern your access to and use of the AuctionNow website (the “Website”), mobile application (the “App”, and together with the Website, the “Platform”), and all services, features and content made available through the Platform (the “Services”), operated by Auction Now (Private) Limited, trading as “AuctionNow”, a private limited company incorporated under the laws of the Islamic Republic of Pakistan and having its registered office at 107 Fairways Commercial, 1st Floor, DHA Phase 6, Lahore, Pakistan (“AuctionNow”, “the Company”, “we”, “us” or “our”).
BY ACCESSING OR USING THE PLATFORM, REGISTERING FOR AN ACCOUNT, OR PURCHASING A SUBSCRIPTION, YOU AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY ADDITIONAL POLICIES POSTED ON THE PLATFORM FROM TIME TO TIME. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
Your acceptance of these Terms may be indicated and recorded electronically, including by selecting a checkbox or clicking “I agree” at registration, and such electronic acceptance, together with the Platform’s record of the timestamp and document version accepted, shall constitute a valid and binding acceptance in accordance with the Electronic Transactions Ordinance 2002.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms, unless the context otherwise requires:
“Account” means the user account registered by you on the Platform;
“Applicable Law” means any statute, ordinance, rule, regulation, notification, circular, directive, judicial precedent or other instrument having the force of law in the Islamic Republic of Pakistan, as in force from time to time, including (without limitation) the Prevention of Electronic Crimes Act 2016 (“PECA”), the Electronic Transactions Ordinance 2002, any law for the time being in force relating to personal data protection, the Income Tax Ordinance 2001, the Sales Tax Act 1990, the Punjab Sales Tax on Services Act 2012, and any rules or notifications made thereunder;
“Auto-Bid Engine” means the optional Platform feature that, when enabled and configured by a Supplier, automatically submits or revises Bids on the Supplier’s behalf within the parameters (including price floors, increments, categories and limits) set by the Supplier;
“Bid” means any quotation, offer, bid, counter-offer or revised price submitted by a Supplier through the Platform in response to a Lead, whether submitted manually or through the Auto-Bid Engine;
“Buyer” means a User who uses the Platform to request goods, services, leads, quotations or proposals from other Users;
“Content” means any text, images, video, audio, data, listings, quotations, messages, reviews, files or other material posted, uploaded, transmitted or otherwise made available on or through the Platform by any User;
“Fees” means the subscription fees, transaction fees and any other charges payable by you to AuctionNow in respect of your use of the Services, as set out on the Platform from time to time;
“Lead” means a connection, introduction, enquiry, bid, quotation or other commercial opportunity facilitated through the Platform between a Buyer and one or more Suppliers;
“Subscription” means a paid plan entitling the User to access designated tiers of the Services, on the terms set out in Clause 4 and at the price published on the Platform;
“Subscription Period” means the monthly, quarterly or annual billing cycle of the Subscription, as elected by the User at the time of subscription;
“Supplier” means a User who uses the Platform to offer goods, services or quotations to Buyers in response to Leads;
“User” means any person who accesses or uses the Platform, whether registered or not, and whether as a Buyer, a Supplier, a paying Subscriber, or otherwise; “You” and “Your” refer to the User accessing or using the Platform.
1.2 Interpretation. Headings are for convenience only. References to writing include email and electronic communication. References to statutes include rules, regulations, and orders made thereunder and any modification or re-enactment thereof. The word “including” shall be construed as “including without limitation”.
2. THE PLATFORM AND THE SERVICES
2.1 Nature of the Platform. AuctionNow operates a subscription-based, technology-driven marketplace that facilitates the discovery of commercial opportunities and the connection of Buyers and Suppliers. The Platform is a venue for Users to communicate, exchange information, and (where the relevant Subscription tier permits) submit and respond to Leads, quotations and bids.
2.2 AuctionNow is NOT a party to User transactions. AuctionNow is a technology intermediary only. AuctionNow does not buy, sell, supply, broker, distribute, deliver, install, finance, escrow or otherwise transact in any goods or services advertised, requested or transacted between Users. Any contract, transaction, payment, dispute or other dealing between a Buyer and a Supplier (or between any two or more Users) arises directly between those Users and is not a contract with or involving AuctionNow.
2.3 No guarantee of Leads or outcomes. AuctionNow does not guarantee the volume, quality, suitability, accuracy, completeness, legality, conversion rate or commercial value of any Lead, listing, Content or response generated through the Platform. Subscription Fees are paid in consideration of access to the Platform and its Services, and not in consideration of any specific commercial result.
2.4 Modifications to the Platform. AuctionNow may at any time, with or without notice, modify, enhance, suspend or discontinue any feature, functionality or aspect of the Platform or the Services, in its sole discretion. Where any such change materially and adversely affects a paying Subscriber for the remainder of an active Subscription Period, AuctionNow shall give reasonable advance notice and shall offer either a pro-rata refund or a comparable alternative, at the Subscriber’s election.
3. ACCOUNT REGISTRATION AND ELIGIBILITY
3.1 Eligibility. You may use the Platform only if you (i) are at least eighteen (18) years of age, (ii) have the legal capacity to enter into a binding contract under Applicable Law, (iii) are not prohibited from using the Platform under any sanctions list maintained by the Government of Pakistan, the United Nations Security Council, the United States Department of the Treasury (OFAC), or the European Union, and (iv) where registering as a Supplier, hold all licences, registrations, approvals and tax registrations required by Applicable Law for your business and the goods or services you offer.
3.2 Registration information. When you register an Account, you must provide accurate, current and complete information, including your full legal name, CNIC or NTN (where applicable), business name (where applicable), valid email address, mobile telephone number, and such other details as the Platform may from time to time require. You undertake to update your Account information promptly in case of any change.
3.3 Verification. AuctionNow may, at any time, require Users to verify their identity, business registration, tax status, ownership of telephone numbers or email addresses, banking details, or any other Account particulars. AuctionNow may suspend or restrict an Account pending the completion of such verification. AuctionNow may also share information with verification service providers to undertake such checks.
3.4 Account security. You are responsible for safeguarding your Account credentials, including your password, OTPs, and any biometric authentication data. You must not share your Account credentials with any third party. You are responsible for all activity that occurs under your Account, save where you have promptly notified AuctionNow in writing of unauthorised use and AuctionNow has had a reasonable opportunity to suspend the Account.
3.5 One Account per User. Each User may hold one (1) Account at any time. The creation or operation of duplicate or multiple Accounts by a single individual or legal entity (whether directly or through agents, nominees or associated persons) is prohibited and may result in immediate termination of all such Accounts and forfeiture of any prepaid Fees.
4. SUBSCRIPTION PLANS, FEES AND BILLING
4.1 Subscription tiers and Fees. The Platform offers Subscription tiers (which may include free, basic, standard, premium or enterprise tiers, or any other tiers introduced by AuctionNow from time to time). The features available under each tier and the applicable Fees are set out on the Platform, as updated from time to time. The Fees displayed on the Platform are inclusive of any sales tax or other indirect tax unless otherwise specified, and AuctionNow reserves the right to revise the Fees on prospective application (effective from the next billing cycle) on reasonable advance notice.
4.2 Payment methods. Fees may be paid through such payment methods as AuctionNow may make available on the Platform, including (without limitation) credit and debit cards, bank transfers, mobile wallets (such as JazzCash and EasyPaisa), and any other payment method approved by the State Bank of Pakistan. Payment is processed by third-party payment service providers, and you authorise the relevant provider to debit the amount due in accordance with the rules of that provider.
4.3 Auto-renewal. Unless the Subscription is on a one-off or pay-as-you-go basis, your Subscription shall automatically renew at the end of each Subscription Period for a further Subscription Period of the same duration, at the Fees then in effect for the relevant tier. You may switch off auto-renewal at any time through your Account settings; the Subscription will then expire at the end of the then-current Subscription Period.
4.4 Refunds. Save where Applicable Law requires otherwise, Fees once paid are non- refundable. AuctionNow does not provide pro-rata refunds for unused portions of any Subscription Period in case of cancellation or non-use. AuctionNow may, in its discretion and as a matter of goodwill, refund all or part of any Fee in exceptional cases.
4.5 Failed payments. If a payment fails or is reversed, AuctionNow may (i) suspend access to the Subscription tier until payment is received, (ii) downgrade your Account to the free tier (if any) or restrict it, and (iii) recover any outstanding Fees from any other payment method on file or by way of legal action.
4.6 Taxes. Where Applicable Law requires AuctionNow to collect sales tax, withholding tax or any other levy in respect of any Fee, the same will be collected from you in addition to the Fee (or the Fee will be treated as inclusive thereof, as determined by AuctionNow at its discretion having regard to the applicable tax regime). You are solely responsible for all your own tax filings and obligations arising in respect of your use of the Platform.
4.7 Invoices and receipts. AuctionNow shall make available to you, through your Account or by email, an invoice or receipt in respect of each Fee paid, in such form as complies with Applicable Law.
5. USER CONDUCT AND PROHIBITED ACTIVITIES
5.1 General. You shall use the Platform only for lawful business purposes, in accordance with these Terms, Applicable Law and any community guidelines or fair-use policies posted on the Platform from time to time.
5.2 Prohibited conduct. Without limiting the generality of Clause 5.1, you shall NOT, directly or indirectly:
- post, upload, publish, transmit or otherwise make available through the Platform any Content that is false, misleading, deceptive, fraudulent, defamatory, obscene, blasphemous, offensive, hateful, threatening, abusive, harassing, or that infringes the intellectual property rights, privacy rights, publicity rights or other rights of any person;
- use the Platform to advertise, offer, sell or deliver any goods or services the supply or possession of which is prohibited or restricted under Applicable Law, including (without limitation) narcotics, weapons, counterfeit goods, smuggled goods, sexually explicit material, or goods or services in breach of any sanctions list;
- engage in market manipulation, collusion, bid-rigging, price-fixing, kickbacks, or any other anti-competitive or fraudulent conduct in respect of Leads, Bids or transactions on the Platform;
- circumvent the Platform’s intended use by transacting outside the Platform with Users introduced via the Platform, where the relevant Subscription tier requires that the Lead be transacted through the Platform;
- solicit Users to leave the Platform for the purpose of avoiding Fees;
- impersonate any person or entity, or misrepresent your identity, business, qualifications, or affiliations;
- transmit any virus, worm, trojan horse, ransomware, spyware or other malicious code, or use any robot, scraper, or other automated means to access the Platform for any purpose without our express written permission;
- attempt to gain unauthorised access to the Platform, any Account, or any underlying server, network or system, or to interfere with or disrupt the integrity, performance or security of the Platform;
- decompile, reverse-engineer, disassemble or otherwise attempt to derive the source code of any part of the Platform, save to the extent expressly permitted by Applicable Law;
- use the Platform to harvest, collect, scrape or store personal data of any other User otherwise than for the purpose of a bona fide commercial communication permitted under these Terms;
- post or transmit any unsolicited bulk commercial communication (spam) through the Platform; or
- violate any provision of the Prevention of Electronic Crimes Act 2016 or any other Applicable Law.
5.3 Consequences of breach. Breach of this Clause 5 may result in immediate suspension or termination of your Account, forfeiture of any prepaid Fees, removal of offending Content, reporting to law enforcement authorities, and recovery of damages by AuctionNow.
6. USER CONTENT AND LEADS
6.1 You retain ownership. As between you and AuctionNow, you retain all ownership rights in the Content you post on the Platform. By posting any Content, you grant AuctionNow a non-exclusive, worldwide, royalty-free, sub-licensable, transferable licence to host, store, reproduce, modify (for technical and formatting purposes), display, distribute and otherwise use such Content for the purposes of operating, providing, improving and promoting the Platform and the Services, for the duration of your Account and a reasonable period thereafter for archival, analytic, legal and statistical purposes.
6.2 Representations regarding Content. You represent and warrant that all Content you post (i) is owned by you or licensed to you with the right to grant the licence in Clause 6.1, (ii) is accurate and not misleading, (iii) does not infringe any third party right, and (iv) complies with these Terms and Applicable Law.
6.3 Removal of Content. AuctionNow may, in its sole discretion and without obligation, remove, restrict, edit or refuse to display any Content that AuctionNow considers to be in breach of these Terms or Applicable Law, or that is the subject of a complaint or take- down notice from a third party.
6.4 Lead generation and matching. Where the Platform automatically matches Buyers with Suppliers based on Lead criteria, location, ratings, subscription tier, response history or other factors, the matching is performed on a best-efforts basis using AuctionNow’s algorithms as they may evolve from time to time. AuctionNow makes no representation that any particular matching outcome will be optimal, and reserves full discretion to design and modify its matching logic.
7. AUCTIONS, BIDS AND AUTO-BID ENGINE
7.1 Nature of Bids. Each Bid submitted through the Platform constitutes an offer made by the relevant Supplier directly to the relevant Buyer, and not to, by, or through AuctionNow. AuctionNow transmits and displays Bids as a technology intermediary only. Acceptance of a Bid by a Buyer creates a contract directly and exclusively between that Buyer and that Supplier, on such terms as those Users may agree between themselves, and AuctionNow is not a party to, and assumes no responsibility or liability for, any such contract or its performance, in accordance with Clause 2.2.
7.2 Bid validity and binding effect. Unless a shorter or longer validity period is stated by the Supplier at the time of submission or required by the relevant Lead, each Bid shall remain open for acceptance for the period indicated on the Platform for the relevant auction or Lead. Suppliers acknowledge that Buyers may rely and act upon Bids, and undertake to honour any Bid accepted within its validity period at the price and on the particulars stated, subject only to Clauses 7.3 and 7.4.
7.3 Withdrawal and revision of Bids. A Supplier may withdraw or revise a Bid only (i) before the Bid is accepted by the Buyer, and (ii) through the functionality made available on the Platform for that purpose. Repeated withdrawal of Bids, or any pattern of bidding that AuctionNow reasonably considers to be manipulative, frivolous or in bad faith, constitutes a breach of Clause 5 and may result in the consequences set out in Clause 5.3.
7.4 Manifest error. Where a Bid contains a manifest error (including an obvious pricing, quantity or unit error that no reasonable Supplier would have intended), the Supplier must notify AuctionNow and the relevant Buyer through the Platform as soon as the Supplier becomes aware of the error. AuctionNow may, in its sole discretion and without liability, void, annotate or permit the correction of a Bid containing a manifest error, whether before or after acceptance, but AuctionNow is under no obligation to do so, and the resolution of any dispute arising from an erroneous Bid remains a matter between the Buyer and the Supplier under Clause 2.2.
7.5 Auto-Bid Engine: authorisation. By enabling the Auto-Bid Engine and setting its parameters, the Supplier irrevocably authorises and instructs AuctionNow to submit, revise and withdraw Bids on the Supplier’s behalf, automatically and without further confirmation, within the parameters so set. Every Bid submitted through the Auto-Bid Engine is deemed for all purposes to be a Bid submitted by the Supplier personally, and the Supplier shall be bound by it in accordance with Clauses 7.1 and 7.2.
7.6 Auto-Bid Engine: Supplier responsibility. The Supplier is solely responsible for (i) the accuracy and commercial suitability of the parameters set on the Auto-Bid Engine, (ii) keeping those parameters up to date, including in light of changes to the Supplier’s costs, stock or capacity, and (iii) monitoring Bids submitted through the Auto-Bid Engine. The Auto-Bid Engine is a convenience feature provided on an “as is” basis under Clause 12. Without limiting Clause 13, AuctionNow shall not be liable for any loss arising from the operation, non-operation, delay, interruption or malfunction of the Auto-Bid Engine, including any Bid submitted, not submitted, or submitted at an unintended price as a result of parameters set by the Supplier, except to the extent such loss results from AuctionNow’s gross negligence or wilful misconduct.
7.7 Negotiation features. Where the Platform provides negotiation, counter-offer or walk- away functionality, all offers, counter-offers, communications and outcomes exchanged through such features are communications between the relevant Users only. AuctionNow facilitates their transmission as a technology intermediary and is not a party to, and makes no representation regarding, any negotiation or its outcome.
7.8 Auction integrity. AuctionNow may, at any time and in its sole discretion, suspend, pause, cancel, void, extend or re-run any auction, Lead or bidding process, and remove or disqualify any Bid, where AuctionNow reasonably believes there has been (i) a technical error, outage or malfunction affecting the integrity of the process, (ii) fraud, collusion, bid- rigging, shill bidding, use of duplicate Accounts, or other manipulative conduct, (iii) a manifest error within the meaning of Clause 7.4, or (iv) a breach of these Terms or Applicable Law. AuctionNow shall not be liable to any User for any loss arising from any action taken in good faith under this Clause 7.8, and prepaid Fees shall not be refundable by reason only of such action, save as provided in Clause 4.4.
7.9 Records. The Platform’s electronic records of Bids, auctions, parameters set on the Auto- Bid Engine, and related timestamps shall, absent manifest error, be conclusive evidence of the matters recorded therein, and the Users consent to the use of such records in any proceedings, consistent with the Electronic Transactions Ordinance 2002.
8. RATINGS, REVIEWS AND USER FEEDBACK
8.1 User-provided ratings. The Platform may permit Users to rate, review or comment on other Users. Such ratings and reviews are User-generated Content. AuctionNow does not endorse, verify or guarantee the accuracy of any rating or review, and is not responsible for any harm caused by them, save to the extent of any actionable defamation or unlawful content that AuctionNow has been duly notified of and has failed to remove within a reasonable period.
8.2 Manipulating ratings. Users shall not post, solicit or offer compensation for fake, biased, retaliatory or manipulated ratings or reviews. AuctionNow may remove any rating or review that it considers to be in breach of this Clause 8.2.
9. INTELLECTUAL PROPERTY
9.1 Ownership. All intellectual property rights subsisting in the Platform, including (without limitation) the source code, object code, design, look and feel, user interfaces, databases, algorithms, the “AuctionNow” name and logo, all trade marks, copyrights, patents, trade secrets, know-how and other proprietary rights, are and shall remain the exclusive property of AuctionNow (or its licensors, where applicable). Nothing in these Terms transfers or licenses any such rights to you, save for the limited licence in Clause 9.2.
9.2 Licence to use the Platform. Subject to your compliance with these Terms and payment of any Fees due, AuctionNow grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during the term of your Subscription, and only as the Platform is intended to be used. This licence does not include any right to (i) resell, sub-license, or commercially exploit the Platform or any Service, (ii) extract or reuse any part of the Platform’s databases, code or design, or (iii) create derivative works.
9.3 Feedback. If you provide any suggestion, feedback or idea concerning the Platform (“Feedback”), you hereby assign all rights in such Feedback to AuctionNow, and waive any moral rights therein to the extent permitted by Applicable Law. AuctionNow may use such Feedback for any purpose without any obligation to you.
10. PRIVACY AND DATA PROTECTION
10.1 Privacy Policy. Our collection, use, processing, storage, disclosure and protection of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms and is available on the Platform.
10.2 Consent to processing. By using the Platform, you consent to the processing of your personal data in accordance with the Privacy Policy and Applicable Law.
11. SUSPENSION AND TERMINATION
11.1 By you. You may terminate your Account at any time by following the cancellation steps available through your Account settings or by giving written notice to AuctionNow. Termination shall not entitle you to any refund of Fees paid in respect of the then-current Subscription Period, save as expressly provided in Clause 4.4 or required by Applicable Law.
11.2 By AuctionNow. AuctionNow may, at any time, suspend, restrict or terminate your Account, with or without notice and at its sole discretion, in any of the following circumstances: (i) breach by you of these Terms or any other policy posted on the Platform; (ii) any act or omission of yours that is, or that AuctionNow reasonably believes to be, fraudulent, deceptive, unlawful, abusive, or harmful to AuctionNow or any other User; (iii) any direction, order or request of a competent law-enforcement, regulatory or judicial authority; (iv) prolonged inactivity of the Account; (v) failed payment of any Fee; or (vi) for any other reason that AuctionNow considers necessary or desirable to protect the integrity of the Platform, the security of other Users, or its own legal or commercial interests.
11.3 Effect of termination. On termination of your Account: (i) your right to access and use the Platform shall cease immediately; (ii) all Fees due up to the termination date shall remain payable; (iii) any prepaid Fees shall be retained by AuctionNow save as expressly provided in Clause 4.4; (iv) any User Content posted by you may be retained by AuctionNow for legal, archival, evidentiary or statistical purposes, subject to the Privacy Policy; and (v) those provisions of these Terms which by their nature are intended to survive termination shall continue to apply.
12. DISCLAIMERS AND NO WARRANTIES
12.1 AS-IS BASIS. THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.2 No warranty as to Users. AuctionNow makes no representation or warranty regarding the identity, character, conduct, credit-worthiness, legality, qualifications, business practices, or solvency of any User. Users are responsible for conducting their own due diligence on counterparties.
12.3 No warranty as to Content. AuctionNow makes no representation or warranty regarding the accuracy, completeness, currency, lawfulness, non-infringement or quality of any Content posted by any User. You access and rely on User Content at your own risk.
12.4 Availability. AuctionNow does not warrant that the Platform will be uninterrupted, error- free, timely, secure, or free of viruses or other harmful components. The Platform may be unavailable due to scheduled maintenance, unscheduled outages, force majeure events, third-party service failures, or other factors outside of AuctionNow’s reasonable control.
13. LIMITATION OF LIABILITY
13.1 Exclusion of certain damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUCTIONNOW, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, OR LOSS OF OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, THE SERVICES OR ANY TRANSACTION OR DEALING BETWEEN USERS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, AND EVEN IF AUCTIONNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Aggregate cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF AUCTIONNOW IN RESPECT OF ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM AND THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO AUCTIONNOW IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (II) PKR 25,000 (PAKISTAN RUPEES TWENTY-FIVE THOUSAND ONLY).
13.3 Statutory non-excludable rights. Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under Applicable Law, including (without limitation) liability for fraud, gross negligence or wilful misconduct of AuctionNow.
13.4 Allocation. You acknowledge that the limitations of liability in this Clause 13 reflect a reasonable allocation of risk between you and AuctionNow having regard to the nature of the Platform as a technology intermediary and the level of Fees charged.
14. INDEMNIFICATION
14.1 You shall indemnify, defend and hold harmless AuctionNow, its directors, shareholders, officers, employees, agents and affiliates from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with: (i) any breach by you of these Terms, the Privacy Policy or any other policy of the Platform; (ii) any Content posted by you; (iii) any violation by you of Applicable Law or of any third-party right; (iv) any transaction, dealing or dispute between you and any other User (including any Bid or contract arising from a Bid); and (v) any unauthorised use of your Account that is attributable to your failure to safeguard your Account credentials.
15. THIRD-PARTY SERVICES, LINKS AND INTEGRATIONS
15.1 The Platform may contain links to, or integrations with, websites, applications, services or content operated by third parties (“Third-Party Services”). AuctionNow does not control, endorse or assume responsibility for any Third-Party Service. Your use of any Third-Party Service is subject to the terms and policies of that Third-Party Service, and is at your own risk.
16. CHANGES TO THESE TERMS
16.1 AuctionNow may amend these Terms from time to time. Material changes will be notified to registered Users by posting a notice on the Platform, by email, or by in-App notification not less than seven (7) days prior to the effective date of the change. Your continued use of the Platform after the effective date of the change constitutes acceptance of the amended Terms. If you do not agree to a change, you must discontinue use of the Platform.
16.2 Re-acceptance of material amendments. Where AuctionNow considers an amendment to be material (including any change to the Fees structure, the dispute resolution provisions, the limitation of liability, or the scope of the licence granted to AuctionNow over your Content), AuctionNow may additionally require you to affirmatively re-accept the amended Terms (for example, by selecting a checkbox or clicking “I agree”) before continuing to use the Platform. The Platform’s record of the timestamp and version of each acceptance shall be conclusive evidence thereof, consistent with the Electronic Transactions Ordinance 2002.
17. DISPUTE RESOLUTION
17.1 Direct negotiation. In the event of any dispute, controversy or claim arising out of or in connection with these Terms, your Account, or your use of the Platform (a “Dispute”), you and AuctionNow shall first attempt in good faith to resolve the Dispute through direct negotiation, within thirty (30) days of written notice of the Dispute being given by one party to the other.
17.2 Arbitration. If the Dispute is not resolved through direct negotiation, it shall be referred to and finally resolved by arbitration under the Arbitration Act 1940 (or any successor legislation governing domestic arbitration in Pakistan as in force from time to time), by a sole arbitrator mutually agreed by the parties (or, failing agreement within fourteen (14) days, appointed by the Chief Justice of the Lahore High Court or his nominee on the application of either party). The seat of arbitration shall be Lahore, the language of arbitration shall be English, and the arbitrator’s award shall be final and binding.
17.3 Injunctive relief. Notwithstanding Clauses 17.1 and 17.2, AuctionNow may at any time apply to the competent courts at Lahore for interim or injunctive relief in respect of any breach by you of these Terms (including, in particular, Clauses 5, 6.2, 9 and 14).
17.4 Courts. Subject to Clauses 17.2 and 17.3, the courts at Lahore shall have exclusive jurisdiction in respect of any matter arising out of or in connection with these Terms.
18. GOVERNING LAW
18.1 These Terms shall be governed by, and construed in accordance with, the laws of the Islamic Republic of Pakistan, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
19. NOTICES
19.1 Notices to you. AuctionNow may give you notice by email to the address on file with your Account, by SMS to the mobile number on file, by in-App notification, or by posting a notice on the Website. Any such notice shall be deemed received on the day of sending or posting.
19.2 Notices to AuctionNow. You must give notices to AuctionNow by email to legal@auctionnow.com (or such other address as may be notified from time to time), with a copy by courier to the registered office of AuctionNow at 107 Fairways Commercial, 1st Floor, DHA Phase 6, Lahore, Pakistan.
20. GENERAL
20.1 Entire agreement. These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and AuctionNow in respect of the Platform and supersede all prior or contemporaneous communications, agreements and understandings.
20.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remainder shall continue in full force and effect.
20.3 No waiver. Failure or delay by AuctionNow in enforcing any provision shall not constitute a waiver thereof.
20.4 Assignment. You may not assign, novate, transfer or otherwise deal with your rights or obligations under these Terms without the prior written consent of AuctionNow. AuctionNow may assign, novate, transfer or otherwise deal with its rights and obligations under these Terms freely, including in connection with any corporate reorganisation, merger, acquisition or sale of business.
20.5 Force majeure. AuctionNow shall not be liable for any failure or delay in performance under these Terms that is caused by events outside its reasonable control, including (without limitation) acts of God, war, terrorism, civil unrest, government action, regulatory change, internet or telecommunications failures, power outages, fire, flood, pandemic, strike, labour dispute, or third-party service provider failure.
20.6 Relationship. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, fiduciary or employment relationship between you and AuctionNow.
20.7 Language. These Terms are made in the English language. Where AuctionNow provides a translation into Urdu or any other language for convenience, the English version shall prevail in case of any inconsistency.
21. GRIEVANCES AND COMPLAINTS
21.1 How to complain. If you have a complaint or grievance regarding the Platform, the Services, another User, or any Content, you may lodge it by email to support@auctionnow.com or through the complaints functionality available in your Account, providing sufficient detail for the complaint to be investigated.
21.2 Handling of complaints. AuctionNow will acknowledge each complaint within two (2) business days of receipt and will endeavour to provide a substantive response within seven (7) business days, or such longer period as the complexity of the matter reasonably requires (in which case you will be informed of the expected timeline). Complaints concerning unlawful or harmful Content will be handled consistently with the Prevention of Electronic Crimes Act 2016 and the rules made thereunder.
21.3 No prejudice. This Clause 21 is without prejudice to your rights or AuctionNow’s rights under Clause 17 (Dispute Resolution) or under Applicable Law.
22. CONTACT
22.1 If you have any questions about these Terms, please contact us at:
Auction Now (Private) Limited (trading as “AuctionNow”)
Registered Office: 107 Fairways Commercial, 1st Floor, DHA Phase 6, Lahore, Pakistan
Email: legal@auctionnow.com / support@auctionnow.com
By accessing or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.