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 or registering for an Account, you agree to these Terms and the policies expressly incorporated into them. If you do not agree, do not use the Platform. Where registration requires an agreement control, you must complete that step before continuing. An electronic indication of agreement, and any records actually maintained of that indication, may be used as evidence of acceptance, subject to Applicable Law. Changes to these Terms are addressed in Clause 16.
1. Definitions and interpretation
1.1 In these Terms, unless the context otherwise requires:
“Account” means your registered account on the Platform.
“Applicable Law” means any statute, ordinance, rule, regulation, notification, 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 the Prevention of Electronic Crimes Act 2016, the Electronic Transactions Ordinance 2002, any law in force relating to personal data protection, applicable consumer protection laws and applicable tax laws.
“Auto Bid” means the optional feature that submits Bids for eligible matching Requests using the enabled inventory details, specifications, prices and limits configured for a shop.
“Bid” means an offer submitted by a Seller in response to a Request, including an eligible lower-price proposal accepted through the Platform. Offer and Bid refer to the same marketplace offer where those labels appear in the app.
“Buyer” means a User who posts a Request for goods or services or considers offers from Sellers.
“Content” means any text, images, video, audio, data, Requests, Bids, messages, reviews, files or other material posted, uploaded, transmitted or otherwise made available on or through the Platform by a User.
“Request” means a buying request posted by a Buyer through the Platform.
“Seller” means a User acting through a shop or business to offer goods or services, subject to the required verification, including an authorised team member acting for that shop within their permissions.
“User” means a person using the Platform, including a Buyer, shop owner or authorised team member.
“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. About AuctionNow
2.1 AuctionNow is a free technology marketplace where Buyers post Requests and verified Sellers submit Bids. Users can compare offers, communicate through the app and arrange a deal directly. Access to particular actions depends on account status, verification, permissions and the limits shown in the Platform.
2.2 AuctionNow provides the technology and is not the buyer, seller or supplier in a transaction between Users. Users arrange payment and fulfilment directly. AuctionNow does not collect or hold the purchase money, provide escrow, finance a purchase or issue a refund of money paid directly to another User. Recording a selected Bid, agreed amount or completed deal does not mean that AuctionNow processed or independently verified that payment. Any contract and performance obligations for the goods or services are between the relevant Users, subject to Applicable Law.
2.3 AuctionNow does not guarantee that a Request will receive Bids, that a Bid will be selected, or that any User will achieve a particular price, response time, sale or other commercial result. Users remain responsible for assessing the suitability and accuracy of the information they receive.
2.4 AuctionNow may modify, enhance, suspend or discontinue Platform features. Changes to these Terms are governed by Clause 16. Any future optional paid feature will be offered on separately disclosed terms before a User chooses to purchase it.
3. Eligibility, accounts and verification
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 Seller, hold all licences, registrations, approvals and tax registrations required by Applicable Law for your business and the goods or services you offer.
3.2 You must provide accurate and current information requested for your Account. Current app registration uses your name and a WhatsApp-enabled phone number verified by a one-time code. Email is optional in the app. Other profile details are collected when the relevant form requests them and you provide them. Seller onboarding and verification may require additional business, identity or contact information. You are responsible for keeping your Account information accurate and current. Where a verified business detail cannot be edited in the Platform, you may contact Support and request a correction.
3.3 Sellers must complete AuctionNow verification before their shop can submit Bids. A pending account does not have the same bidding permissions as a verified shop. We may request information reasonably needed to verify the account or business and may restrict access while verification is incomplete or if a concern arises. The checks requested may depend on the account and business.
3.4 App sign-in uses a one-time verification code sent to your WhatsApp number. Protect access to your phone number, WhatsApp account, device and signed-in session. Do not share your OTP or let another person use your login. Shop employees must use their own authorised accounts through Team. Notify support promptly if you suspect unauthorised access. Responsibility for unauthorised activity will be assessed under these Terms and Applicable Law.
3.5 Each person may hold one personal Account and must use their own login. Do not create duplicate Accounts to evade restrictions, impersonate another person or manipulate Requests or Bids. Using the Buyer and Seller modes available within an Account, or joining an approved shop team through the Platform, is permitted and is not by itself a breach of this rule.
3.6 Shop owners may invite team members using the Team functionality and a joining code. Each member must join using their own verified login and act within their permissions. The owner is responsible for managing shop access and the authority they give team members. Owners can access shop-managed Bids, chats and Analytics, and can take over an eligible employee-managed chat through the available controls. Removing a member ends their shop access and transfers ongoing shop work to the owner; historical activity may remain. These arrangements do not make a shop employee an employee or agent of AuctionNow.
4. Fees and direct payments
4.1 The current AuctionNow service has no registration fee, no fee to send a Bid and no sales commission. Account, posting, bidding and fair-use limits may still apply as shown in the Platform.
4.2 Any purchase price and any agreed delivery or service charges are payable directly between Buyer and Seller. Users must agree what is included and confirm payment and fulfilment themselves. AuctionNow does not collect the purchase money or operate a checkout, payment wallet or escrow service for these deals.
4.3 Sellers remain responsible for their goods or services, any invoice or receipt they are required to provide, and their applicable tax and business obligations. Any return, refund or remedy relating to a direct purchase is a matter between the Users, subject to Applicable Law; AuctionNow cannot refund funds it has not received.
4.4 AuctionNow may introduce optional paid features in future. Before a User opts in or is charged, we will disclose the price and applicable terms, give reasonable advance notice (which, where practicable, will be not less than seven days) and obtain fresh affirmative acceptance. Introducing such a feature does not itself authorise a charge to an existing User.
5. Acceptable use and communications
5.1 Use the Platform only for lawful personal or business purposes, in accordance with these Terms, Applicable Law and the applicable community and fair-use rules.
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 Requests, Bids or transactions on the Platform;
pressure or induce another User to move the conversation off the Platform before the Buyer has selected a Bid, or use outside channels to evade verification, reporting or other safety controls. Keep the agreed offer and relevant deal communications in the app. Direct payment and fulfilment arranged between the selected Buyer and Seller are permitted; they do not create a fee owed to AuctionNow;
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 A breach of Clause 5 may lead to restriction, suspension or termination of an Account, removal of offending Content, reporting to a competent authority or other action permitted by Applicable Law.
5.4(a) You are responsible for the messages, attachments, representations and payment instructions you send through the Platform, and for ensuring that they are accurate, lawful and shared with appropriate authority. Buyers and Sellers must independently check the agreed goods or services, the counterparty and payment details before paying or completing a deal.
5.4(b) AuctionNow does not endorse or guarantee that any User message, screenshot, payment receipt, link or attachment is genuine, accurate or safe. A verified badge, an in-app status or a QR completion record is not a guarantee of a User communication or independent confirmation that payment has been received.
5.4(c) AuctionNow does not provide buyer-protection insurance or guarantee reimbursement, compensation or recovery of money lost to another User. AuctionNow cannot reverse a payment made directly between Users or refund purchase money it has not received. These statements remain subject to paragraph (g).
5.4(d) You must not use the Platform for phishing, fake payment confirmations, impersonation of AuctionNow staff or another person, malicious links or attachments, extortion, threats, harassment or other fraudulent or abusive conduct. You must not ask another User to disclose a login OTP, password or other credential, or facilitate unauthorised account access.
5.4(e) To the extent permitted by Applicable Law and as described in the Privacy Policy, AuctionNow may access and review relevant communications and attachments through authorised personnel and, where reasonably necessary, service providers, to assess reports, investigate fraud or abuse, protect Users or the Platform, or respond to lawful requests. Access and use must be limited to those purposes and applicable safeguards.
5.4(f) Where reasonably necessary, AuctionNow may restrict or suspend accounts, remove or limit access to offending Content, preserve relevant records and evidence, and cooperate with competent authorities in accordance with Applicable Law and the Privacy Policy. These powers do not promise that every message is checked, every scam is detected or prevented, or every loss is recovered. Users should report concerns through Clause 21.
5.4(g) This clause is subject to Clauses 12 and 13 and Applicable Law. It does not exclude or limit any liability or remedy that cannot lawfully be excluded or limited, or displace any applicable reporting, moderation, evidence-preservation or other statutory obligation of AuctionNow.
6. Your content and visibility
6.1 You retain ownership of your Content. You grant AuctionNow the non-exclusive rights reasonably needed to host, store, reproduce, technically format, transmit and display it to operate, provide and improve the Services, using service providers where needed. This licence is subject to the Privacy Policy and the visibility of the feature you use. It does not give AuctionNow permission to publish private chats, voice notes, verification documents or private contact information in public advertising. Any separate public promotional use requiring permission will be addressed separately. Retention after account closure is governed by the Privacy Policy and Applicable Law.
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. Subject to Applicable Law, AuctionNow may remove, restrict, edit or refuse to display Content that it reasonably considers to breach these Terms or Applicable Law, or that is the subject of a complaint or takedown notice. Any handling of private communications remains subject to Clause 5.4 and the Privacy Policy.
6.4 The Platform makes eligible Requests and Bids available using factors relevant to the feature, such as category, specifications, service location, account eligibility and applicable permissions. Recommendation and sorting features may use price, location, ratings or performance information. There is no paid subscription-tier ranking in the current service. Matching and recommendations do not guarantee the lowest market price, the suitability of an offer or a completed deal.
6.5 Requests and offers are shared through the discovery and deal features available to eligible Users. Public request feeds do not display the Buyer’s name, phone number or email as contact fields, but information a User places in descriptions or images may reveal their identity. Seller shop details can appear during bid comparison, and selected offer amounts may appear in eligible closed-request feeds. Shop owners can access and manage their shop’s team Bids, chats and performance records. Do not put unnecessary private information into public-facing Content.
7. Requests, bids and completing a deal
7.1 A Bid is an offer by the Seller to the Buyer. Selecting it in the app, including by accepting an eligible lower-price proposal, records the Buyer’s choice of Seller and the agreed offer details. Any resulting contract is between those Users, subject to Applicable Law and any formalities required for that kind of goods or service. AuctionNow is not a party to that contract. An in-app selected or completed status does not itself establish payment, legal title transfer, registration or full performance of a service. Users remain responsible for any sale deed, transfer document, registration or other formality required by Applicable Law for the relevant goods or services.
7.2 A Bid is available for selection only while the Request, Bid and relevant accounts remain eligible under the Platform’s rules and deadlines. Sellers must keep offers accurate and honour the stated price and particulars of an offer accepted while eligible, subject to a lawful correction or remedy. The Buyer is not required to choose the lowest Bid or any Bid.
7.3 A submitted Bid cannot be freely repriced. A lower price must use an eligible in-app price proposal and requires the Buyer’s acceptance. Any withdrawal must occur before selection through an authorised route available for that Bid and is subject to account permissions and Bid status. If no such control is available, contact support; support cannot guarantee a withdrawal or reversal. Repeated frivolous or manipulative bidding may be treated as a breach of Clause 5.
7.4 Manifest error. If a Bid contains an apparent material pricing, quantity or specification error, the Seller must promptly notify the Buyer and support through the available Platform channels. AuctionNow may take action it can reasonably implement to record, annotate or address the error, subject to account permissions and Bid or deal status. Support does not guarantee that a selected Bid or a resulting contract can be cancelled, corrected or reversed. The Users remain responsible for resolving the transaction in accordance with Clause 2.2 and Applicable Law.
7.5 By enabling Auto Bid for inventory, you authorise AuctionNow to submit Bids for eligible matching Requests using the enabled specifications, variant prices and limits configured for your shop, without confirming each submission with you. You may pause or disable future submissions, or delete the Auto Bid configuration, through the available controls. Changing, pausing or deleting inventory does not itself amend or withdraw a Bid already submitted. A Bid already created remains subject to the normal Bid rules.
7.6 The shop owner and authorised team members must keep Auto Bid inventory, prices, availability, specifications and permissions accurate and review the resulting activity. Submission is subject to matching, verification, account eligibility, configuration and applicable limits; it is not guaranteed for every Request. The availability and liability provisions in Clauses 12 and 13 apply, subject to any responsibility that cannot lawfully be excluded.
7.7 Where enabled, the eligible Seller may propose a lower price in chat after the Buyer has sent a message, subject to the proposal limits and eligibility shown in the app. Only one proposal may await a decision at a time. Accepting an eligible proposal changes the recorded price and selects that Seller’s Bid. Chat discussions alone do not create an AuctionNow payment, escrow or enforcement service.
7.8 AuctionNow may intervene in a Request or bidding process, restrict its visibility, remove a Bid or take other action it can reasonably implement where it reasonably suspects, acting in good faith on information available to it at the time, a technical error affecting the process, fraud, collusion, manipulation, duplicate-account abuse or a breach of these Terms or Applicable Law. This is an enforcement right, not a promise that every Request can be extended, every Bid corrected or every deal reversed. Any exclusion or limitation of liability remains subject to Clauses 12 and 13 and Applicable Law.
7.9 Electronic records actually maintained by the Platform, including Bids, configured Auto Bid details, price proposals, selection, pickup and completion events and their recorded timestamps, may be used as evidence of activity. A User may report an apparent error to support. The accuracy, admissibility and weight of any record remain subject to Applicable Law and the relevant dispute process. A completed status or recorded amount is not independent proof that money was received.
7.10 Posting limits and Request deadlines apply even though the service is free. Current new Requests stay open for seven days, or thirty days for Property. The app shows the applicable closing date. Reposting, where available, starts a new bidding period and counts towards the daily posting limit. Request editing, deletion and other actions depend on the Request’s current status; no unrestricted extension or cancellation right is created by this clause.
7.11 Selecting a Seller starts the deal and pickup process rather than completing payment or handover. The current first pickup date must be within fourteen days of selection. If the Buyer chooses to set a date later, they must do so within seven days to avoid expiry. After the first date is set, up to two changes are permitted within the allowed window, no later than twenty-one days from the scheduling confirmation and before expiry. The deal becomes overdue after the pickup day ends, followed by a forty-eight-hour grace period before expiry. Follow the dates and eligibility shown in the app; late completion is available only where the app permits it.
7.12 The deal QR code is used to record completion of an eligible selected deal. The Buyer should share it for scanning only after checking that the agreed exchange is complete, and the Seller must confirm payment and fulfilment before completing the scan. A successful scan marks the deal completed and records its agreed amount, which can appear in deal history and Seller Analytics. It does not independently verify payment, physical identity, product quality, legal ownership or service performance, and it is not a platform receipt or escrow release. Statutory rights and the Users’ obligations to one another are unaffected.
8. Ratings and reviews
8.1 Where eligible after a completed deal, a Buyer can submit a Seller rating and an optional written review through the available review flow. Ratings and reviews are User Content and are not independently guaranteed by AuctionNow. A cancelled or expired deal does not automatically have the same review eligibility as a completed deal. Separate feedback and reporting tools may apply to other outcomes. We may moderate unlawful or abusive reviews in accordance with these Terms and Applicable Law.
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 Subject to these Terms, AuctionNow grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform for lawful personal buying and authorised business activity while your access is permitted. This licence does not permit resale or sublicensing of the Platform itself, unauthorised extraction of its databases, code or design, or creation of unauthorised derivative works. It does permit the normal buying and selling activity the Platform is designed to support.
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 permissions
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 Our Privacy Policy explains the information we process, the purposes, sharing and available choices. Agreeing to these Terms acknowledges that notice; it does not replace a separate permission or consent required by Applicable Law or the relevant device platform. Where a feature requires such a choice, we will request it through the applicable process. Push-notification choices are separate from privacy and advertising permissions. This clause does not remove AuctionNow’s responsibilities for service providers it uses to operate the Platform or for data handling described in its Privacy Policy.
11. Account deletion and termination
11.1 You may request deletion through Profile, Settings and Delete Account, following the confirmation and verification steps, or contact support for assistance. Temporary deactivation, where available, is a different action from permanent account deletion.
11.2 AuctionNow may restrict, suspend or terminate an Account for a breach of these Terms, reasonably suspected fraud, unlawful or harmful conduct, a lawful authority request, or another reason reasonably necessary to protect Users or the Platform. Any inactivity policy must be communicated and applied consistently.
11.3 On deletion or termination, access ends or is restricted as applicable. Active marketplace work is settled, cancelled or reassigned under the relevant account and deal rules; ongoing employee-managed shop work may transfer to the owner. Identifying profile information is removed or anonymised as described in the Privacy Policy. Some deal, message and other records may remain for the disclosed purposes and retention periods. Closing an Account does not erase a User’s lawful obligations to another User or guarantee recovery of money. Clauses intended to survive termination continue to apply, subject to Applicable Law.
12. Disclaimers and availability
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 A verified badge indicates that the Seller has passed the checks required by AuctionNow for that account. It does not guarantee the authenticity or condition of an item, a Seller’s future conduct, solvency, performance or the outcome of a deal. Users must make their own checks before payment and fulfilment. Nothing in this clause removes a responsibility that cannot lawfully be excluded.
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 To the fullest extent permitted by Applicable Law and subject to Clause 13.3, AuctionNow’s aggregate liability for claims arising out of these Terms, the Platform and the Services shall not exceed the greater of (i) the total fees (if any) paid by you to AuctionNow in the twelve (12) months immediately preceding the event giving rise to the claim, and (ii) PKR 25,000. This limit applies to the current free service. Any different liability terms for a future optional paid feature will be disclosed and accepted with that feature’s terms.
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 The limitations in this Clause 13 are intended to reflect the nature of AuctionNow as a free technology intermediary. They do not exclude or limit any liability or remedy that cannot lawfully be excluded or limited.
14. Indemnity
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. This clause does not require you to indemnify AuctionNow for its own fraud, gross negligence or wilful misconduct, or to the extent prohibited by Applicable Law.
15. Third-party services
15.1 The Platform may contain links to, or integrations with, websites, applications, services or content operated independently by third parties (“Third-Party Services”). AuctionNow does not control or endorse those Third-Party Services. Your use of them is subject to their terms and policies and is at your own risk, subject to Applicable Law. This clause distinguishes external services from service providers used to operate AuctionNow, which are addressed in the Privacy Policy, and does not exclude AuctionNow’s responsibilities for those providers or for its own data handling.
16. Changes to these Terms
16.1 AuctionNow may amend these Terms. We will notify registered Users of material changes through an available Platform or account contact channel at least seven days before the change takes effect and show the updated version and effective date. If you disagree, you must stop using the affected Services. Continued use is subject to Applicable Law and does not replace an affirmative choice required under Clause 16.2.
16.2 Where a change requires affirmative acceptance, we will present that choice before applying it to the User. A future optional paid feature requires fresh affirmative acceptance of its disclosed price and terms before opt-in or charging, as set out in Clause 4.4. Any electronic acceptance records we actually maintain may be used as evidence subject to Applicable Law. Merely publishing revised Terms does not authorise an existing User to be charged.
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. Subject to Clause 17.5, if a Dispute is not resolved through direct negotiation, it shall be referred to arbitration under the Arbitration Act 1940, or any successor legislation governing domestic arbitration in Pakistan as in force from time to time, before a sole arbitrator mutually agreed by the parties. If the parties cannot agree on the appointment, either party may seek appointment by the court competent to do so under Applicable Law, following the applicable notice and appointment procedure. The seat of arbitration shall be Lahore and the language shall be English. The award shall bind the parties subject to any review, challenge or remedy available under Applicable Law.
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, 17.3 and 17.5, the competent courts at Lahore shall have jurisdiction in respect of matters arising out of or in connection with these Terms.
17.5 Statutory rights. Nothing in this Clause 17 prevents a User from exercising any non-excludable consumer right, making a report to a competent authority, seeking urgent relief available under Applicable Law, or bringing a matter before a court, tribunal or other forum whose jurisdiction cannot lawfully be excluded.
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 We may give notices through the Platform, in-app notices or a contact channel available for your Account, such as an email address you have provided or your verified phone messaging channel where supported. Ordinary push alerts depend on your device and account settings. Material Terms changes remain subject to Clause 16. Any rule about when a formal notice is treated as received is subject to Applicable Law; sending a push or publishing a webpage is not a technical guarantee that a User has read it.
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 provisions
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. Reporting issues and complaints
21.1 Report a Platform issue using the available Report a Problem form or email support@auctionnow.com. Where the chat reporting control is available, press and hold the relevant message and choose Report. Include the Request or deal reference, the issue and relevant evidence. Do not send OTPs or unnecessary sensitive information.
21.2 We will acknowledge complaints within two business days and will endeavour to provide a substantive response within seven business days. If the issue needs longer, we will explain the expected timeline. A response is not a guarantee of a refund, financial recovery or enforcement against another User. We may review accounts and records and take action permitted by these Terms and Applicable Law.
21.3 This complaints route does not remove any rights under Clause 17 or Applicable Law. For an immediate threat or suspected crime, contact the relevant emergency service or competent authority as appropriate.
22. Contact us
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.