Logo

Terms and Conditions

By using the App, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you do not agree with any part of these terms, you may not use the App.

General

All terms and conditions contained in this agreement cannot be used against AucSphere. In the event of any ambiguity or misunderstanding in a regulation, it cannot be refuted to negatively impact any party's interests. It is imperative to abide by the terms set forth herein by AucSphere.

AucSphere has the right to determine, suspend, or terminate any services provided by the App and may prevent users from entering the site or remove any published material without warning if deemed necessary.

AucSphere reserves the right to suspend or terminate the account of the user or car dealer (“Merchant”) for any violation of these terms.

Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our App. If you are accessing the application on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these terms.

Account Registration

In order to use the App, you must create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must notify us immediately of any unauthorized use or access to your account.

User Subscriptions

The App offers three types of user subscriptions: Freemium, Premium, and VIP. Each subscription has different features and benefits.

By default, all user accounts are created with a Freemium subscription that allows limited bidding for single or limited auction(s) with higher commission fees on any car purchase or sale.

Multiple plans are available for purchase under Premium and VIP subscriptions based on the count of auctions that you wish to participate in. By purchasing any of these plans, you agree to pay the applicable fees and abide by the terms and conditions associated with each subscription.

Sellers

The App allows individuals and car dealers ("Merchants") to list their cars for auction. Sellers must provide accurate and complete information about the cars they are listing. The App reserves the right to verify the information provided by Sellers and may remove or suspend any listing that violates these terms.

Merchant Subscriptions

The App offers three types of merchant subscriptions: Freemium, Premium, and VIP. Each subscription has different features and benefits.

By default, all merchant accounts are created with a Freemium subscription that allows unlimited listing of cars but with higher commission fees on any car sale and no promotional and operational support.

By purchasing Premium or VIP subscriptions, you agree to pay the applicable fees and abide by the terms and conditions associated with each subscription.

Exclusive Cars & Wallet Deposit

Certain cars may be marked as "Exclusive" and can only be accessed by depositing a specific refundable amount into your wallet. By depositing the required amount, you gain access to bid on and purchase these Exclusive cars. Only subscribed users are allowed to participate in auctions on these Exclusive cars.

The amount of this wallet deposit is decided by the car dealers (“Merchants”) and AucSphere has no involvement in its management. Users are allowed to participate in any car under the deposit category after paying its respective deposit. To participate in any other car under a different deposit category for the same/different car dealer (“Merchant”), users must add that respective wallet deposit separately.

Wallet deposits made online via the App will reflect in your registered account immediately or within a maximum of 1-2 mins from the transaction time, allowing bidding, subject to transaction authorization by our payment integration platform “Tap”. Any failure in transactions or payment issues outside of our App on these third party platforms like “Tap” are beyond our control and AucSphere is not responsible for them.

Refunds of wallet deposits for Exclusive cars will be made according to the registration name via the App itself. If funds have been transferred by a different person or entity, the refund will be issued to the source account. Upon special request from the user, refunds may also be processed via bank transfer manually to a separate bank account as requested by the user which might take up to 3-4 working days.

Refund of any deposit is disabled when the user is winning the auction on a car that belongs to that deposit category. Users are also allowed to use this deposit amount while paying their car payment and/or AucSphere commission fees after winning the auction but only if the car belongs to that specific deposit category.

The full deposit amount will be deducted in case of any violation of "AucSphere" terms and conditions or if the client fails to pay for the car won in the auction.

Featured Cars

Only VIP Sellers, be it individual or car dealers, have the right to opt for featuring their car on the home screen of our App for 24 hours but limited to only one car at a time. Such requests would be approved for whoever comes first and an additional fee may or may not be charged.

Auction Listings

Our application allows only subscribed users along with the car dealers (“Merchants” to list their cars for auction. By listing a car, you represent and warrant that you have the legal right to sell it and that the information provided in the listing is accurate and complete. You are solely responsible for the content of your listings, including any images, descriptions, starting bid price, and the type of AucSphere commission fee that is applied on your car sale, either in percentage of the car value or a fixed value, which are both different for premium and VIP subscriptions.

A cover image for the car is mandatory but we recommend that you add clear images of both the exterior and interior of the car to allow the buying users to successfully bid on your car auction. Any inappropriate images instead may lead to cancellation of the auction with a fine of up to 500 AED and a temporary or permanent ban on AucSphere platform.

Car location is mandatory and we recommend you to park the car at the same location for the buying users to come and inspect it during your suggested hours. Any complaints of non-availability of the car during the mentioned visiting hours may lead to cancellation of the auction with a fine of up to 1000 AED and a temporary or permanent ban on AucSphere platform.

Any other incorrect car information, be it minor or major, may also lead to cancellation of the auction with a fine of up to 1000 AED and a temporary or permanent ban on AucSphere platform.

Bidding and Transactions

Before bidding, all bidders must ensure that they regularly update their AucSphere Apps and have the latest version installed. Failure to update the App may result in missing information or changes in services, and AucSphere cannot be held responsible for any consequences arising from this.

All cars will be sold "as is" in their current location. AucSphere does not guarantee any declarations, specifications, information, or particulars provided by the supplier, including the accuracy of the odometer, ownership guarantees, information in the enclosed examination report, car or equipment state, year of manufacture, car or equipment exportability. It is the bidder's responsibility to check all data, advertisements, and information related to the state of the car before bidding.

All bidders must thoroughly check the cars to be purchased and ensure they match the presented specifications before bidding.

Users can raise the auction value to bid on cars offered for sale through the App, ensuring that the value is not less than the minimum bid.

The bidding time will be extended only in cases of technical issues or if a bid is placed in the last minutes of the bidding time to allow other bidders to re-submit their bids. Any bid on a car within the last 2 minutes of the auction end time will result in a 1-minute extension of the auction time.

By placing a bid on the car, you are committing to purchase that car at the bid price if you are the winning bidder. Bids are binding and cannot be retracted. The App reserves the right to cancel or reject any bid deemed invalid or fraudulent. You agree to comply with the auction terms and conditions specified by the seller wherever necessary. All transactions are final, and you are responsible for timely payment and any applicable taxes including AucSphere commission fees. No more than 7 business days would be allowed for the user to pay the due amount of the car value and the applicable AucSphere commission fees. Any further delay in the payment would lead to a legal action, a temporary or permanent ban on our App and deduction of any applicable deposit amount made for participating in that car auction. AucSphere cannot guarantee the availability of the car won in the auction beyond this timeline.

All transactions will be conducted in Arab Emirates Dirhams (AED). "AucSphere" is not liable for any loss resulting from currency conversion or bank transfers between different currencies. As per the rule of the Government of the UAE, Value Added Tax (VAT) will be added to all auction prices (where applicable) and all charges, including AucSphere commission fees, fines, etc. The App may offer various payment methods, and you are responsible for any transaction fees associated with your chosen payment method.

"AucSphere" is only authorized to provide a platform for car trading through auction. After the payment, the winning user must communicate directly with the Seller, individual or the car dealer (“Merchant”), regarding any queries or complaints related to the car, if any, and for the final car ownership transfer. AucSphere shall hold the seller's receivable amount for the car sale until both parties, buying user and the seller, individual selling user or the car dealer (“Merchant”), confirm on the car ownership transfer via the App.

AucSphere reserves the right to cancel or extend the sale procedures before and/or after the auction ends, and before the car ownership transfer is completed. Refund of the car payment and any other additional fees paid after winning the auction, may be provided in certain circumstances, such as if the car purchased is significantly different from its description or if the Seller fails to collaborate and confirm on the ownership transfer and the delivery of the car within 3 business days of the car payment. Refund requests via any of our support channels must be submitted within a specified timeframe and are subject to review by the App.

Prohibited Activities

You agree not to engage in any activities that may violate applicable laws, regulations, or the rights of others. Prohibited activities include but are not limited to:

Intellectual Property

All intellectual property rights in the App, including but not limited to trademarks, logos, and copyrighted materials, are owned by us or our licensors. You may not use, reproduce, modify, or distribute any of these materials without prior written permission.

Disclaimer of Warranties

Our App is provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. We do not guarantee the accuracy, completeness, or reliability of any information or content provided within the application. Users acknowledge and agree that their use of the App is at their own risk.

Limitation of Liability

To the extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the App, including but not limited to any transactions conducted through the App.

Indemnification

You agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, costs, or expenses (including legal fees) arising out of or in connection with your use of the App, your violation of these terms, or your violation of any rights of third parties.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the judicial system of the United Arab Emirates. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates.

Severability

If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Modification of Terms

We reserve the right to modify or update these terms and conditions at any time. Any changes will be effective immediately upon posting the revised terms within the application. Your continued use of the application after such changes constitutes your acceptance of the modified terms.

If you have any questions or concerns about these terms and conditions, please contact us at support@aucsphere.com or +971 50 936 9656.

Last updated: 22 September 2023