Terms & Conditions (Member Agreement)

This document, called the Agreement, will explain the services we provide, our obligations to you and yours to us, the fee structure, member roles, and more. The terms "you" or "user" refer to the individual or entity accessing the Website, and the terms "we", "us", "company", or "Autoplatforma" refer to autoplatforma.com. The term "parties" refers to you and autoplatforma.com.

Our Website is comprised of multiple web pages operated by Autoplatforma. By accessing this site, you agree to our terms and conditions, as well as the terms and conditions of Copart, Inc. and Insurance Auto Auctions, Inc., which can be found at https://www.copart.com/Content/US/EN/Member-Terms-and-Conditions and https://www.iaai.com/TermsOfUse respectively. Please read them carefully.

Please read these terms carefully and keep a copy for your records. We have tried to keep the Agreement simple and not too long. However, there may be some elements that are similar to traditional contracts. This is because this Agreement is a legally binding agreement between you and our Company.

1. About Us

Autoplatforma is a registered buyer on Copart and holds an IAAI broker license. We provide services as an intermediary for the purchase of cars and other motorized equipment through our Website for a small commission at online used car auctions in the United States, Canada and the European Union. You do not need to register separately with Copart, IAAI and any other platforms, as our site is open to all users with no annual fees. Autoplatforma also reserves the right to use third-party dealers for the purchase and registration of documents, as well as the transportation of cars to the customer`s country or to the address specified by them.

2. Using our Website

You may only visit our Website if you agree to the terms of this Agreement and in accordance with the applicable laws. For example, please refrain from attempting to change the operation of our Website or access it in any way other than the interface provided and automatic data collection (for example, parsing and other methods).

3. Registration

Registration on our Website is simple and quick. To get started, go to the registration stage by clicking on the corresponding button in the upper right corner of the site page, fill out the form and confirm your details. After the registration process, we ask you to provide an identity document or a license to operate. This document can be uploaded online via your account on our Website or sent to our support agents via live chat or email at [email protected]. This is necessary to ensure that your customer profile is complete before bidding.

4. Membership

Registering and using the Website grants you a free membership with no annual fee. With this membership you can bid during the Preliminary Bidding. The transaction fee will be 5% of the purchase price, but not less than $299, whichever is greater. You can check all fees in our price calculator before bidding. Membership is exclusive to the registered user and is not transferable to another person or firm.

5. Deposit

Before you can bid and purchase cars on our site, the company requires a refundable deposit. The amount can be $600 or 10% of the possible bidding limit. A deposit of $400 allows you to bid up to $4,000. A deposit of $3,000 allows you to bid up to $30,000. To increase the bidding limit, at any time, you can go to the deposit page in your account and top up your balance.

If the request is made using the "Buy Now" model, the deposit amount must be at least $1,000 or 15% of the price of the car being purchased. The deposit can be made either by credit card or bank transfer. Please note: the fee for replenishment of the balance/deposit/payment can be from 0% to 5% per transaction depending on the selected payment method and the payment amount.

In case of a refund of the deposit or its use for partial payment of the final bill, a fee of 45 USD will be charged. Please note that the deposit made using a payment card will be kept without fees for 30 days. You can request a refund at any time. Requests are accepted via support email or via online chat with support agents on the website. Please note that when making a refund, a processing fee of 5% will be withheld due to transaction costs.

Refund Policy for Bank Transfers: If the user decides to use a bank transfer for a transaction with Autoplatforma, refunds of such deposits are possible only to the user registered in the Autoplatforma system at the time of processing the transaction. For example, if Jan Nowak is registered as a user, then his deposit will be refunded to him. Please note that this is an example and the name will be used according to the real registration.

6. Placing a bid or creating a Buy It Now request

Bidding starts after the vehicle is set for sale and continues until one hour remains before the Live Bidding (the deadline). You can enter the highest price you are willing to pay for the vehicle on the vehicle page. You also have the opportunity to cancel, lower, raise or retract your bids before the deadline.

We also give you the ability to make Buy It Now requests. You can use this feature at any time but no later than one hour before the Live Bidding. We will forward your request to the auction and will do our best to fulfill it, but we do not guarantee a successful completion, as everything depends on the seller`s decision. Once a request has been made, it cannot be changed.

Your bids cannot be changed once you have placed them. If your maximum bid wins, you are obligated to complete the transaction or pay a penalty against your deposit. All bids are final.

If a vehicle is "To Be Approved" or "Minimum Bid", we will negotiate the final price with the seller. We may contact you if the price exceeds your maximum bid with a minor offer, but we will never bid higher than your maximum bid without your knowledge.

7. Rejecting a Bid/Offer

Any car auction or car seller/dealer reserves the right to reject bids/offers for various reasons at their sole discretion. In the event of a bid or offer dispute, the auction or seller depending on the type of purchase is the final authority to resolve it. We reserve the right to cancel your bid without explanation.

8. Purchase

Upon successful auction winnings, you will be notified immediately via email and in your account notifications on the website. You will be sent an invoice and payment instructions, and if the vehicle is purchased for export, you will pay the final bid, applicable auction fees, transaction fees, and documentation fees directly to Copart or IAAI. If the vehicle is purchased for use in the USA, a single invoice with all fees will be sent to Autoplatforma for payment.

Payment for the vehicle must be made via bank transfer within two business days, including the day of purchase. The deposit is refundable upon request after all applicable fees have been paid. Each buyer understands that by purchasing a vehicle on our Website, they are purchasing from Autoplatforma or an agent, and not from Copart/IAAI. Users are required to sign the necessary legal documents such as a deed of sale and provide a copy of their ID to prove ownership of the vehicle.

Autoplatforma has the right to transfer the title only to the user registered on the Website. If Autoplatforma is unable to issue a title for valid reasons such as an unpaid balance, the user must fulfill all of their obligations to Autoplatforma within 5 working days, after which, in case of failure to do so, a penalty of 10% of the amount will be imposed, which will increase by 10% for every subsequent 5 working days. When exporting a vehicle, users are responsible for all paperwork and fees associated with the export and import of the vehicle themselves.

9. Example of betting in a personal account

Let`s assume Jan Nowak makes a deposit of $2,000 via bank transfer. His betting limit is $20,000, given a $2,000 deposit. He has the right to bet on a car up to $20,000. Jan Nowak decides to bet $5,000 on one car, leaving him with a limit of $15,000. Igor doesn`t win the car, and $5,000 goes back into his bet limit, updating it to $20,000. He then bets $7,500 on another car and wins it for $6,000. He receives an invoice and can`t bet anymore until he pays for the car. He makes the payment within 2 days. When the amount is $0, the $2,000 deposit is returned to his account. He can now bet again or request a refund of his deposit.

10. Purchase Payment

Only bank wire transfer and in some cases online payment with debit card are accepted to pay for a vehicle. Credit cards, cash, and cashier`s checks are not accepted. Payment must be made within two business days, including the day of sale. If that day is June 1st, the deadline for payment is June 2nd at 5:00 PM NYT. Failure to pay will result in a $50 Copart fee or $50 or 2% of the price at IAAI.

You may use a bank wire or debit card deposit to partially pay for the vehicle or for shipping. Credit cards may only be used for shipping. All sales are final. If not paid by the 7th day after the sale, the penalty will be $650 or 10% of the price on Copart or $1,000 or 15% of the price on IAAI. You will also be required to pay the commission, documentation fee, late fees and storage fees.

Autoplatforma becomes the owner of the vehicle and your funds equal to the deposit are forfeited. Users are allowed only one cancellation. If this happens again, access to the resource will be closed.

11. Vehicle Pickup

It is the auction user`s responsibility to pick up the vehicle on time and pay for storage. Copart`s policy states that buyers have 5 days to pick up a vehicle without a storage penalty, after which $20 per day will be charged. IAAI varies by location, but the standard is 2 days, then it is important to pay $40 per day for storage. Some vehicles require additional care when stored, and this may incur additional charges. It is your responsibility to arrange for pickup and transportation.

If shipping is absolutely necessary and requested, we can arrange this process for you upon request; simply contact or check our calculator before purchasing. Please note that port storage fees can be significant. If your vehicle is not picked up within 14 days or the storage amount exceeds $800, Autoplatforma will have the right to sell the vehicle and you must take this into account when purchasing.

In case you purchased any vehicle in Florida, you cannot pick it up yourself, it must be arranged through Autoplatforma, as it is required by tax law.

12. Transportation Services

We, Autoplatforma, can offer assistance in arranging the transportation of the purchased vehicle through transportation companies upon request of the user. Contact us for information on the cost or use our calculator on the listing pages.

Transportation orders must be placed the same day as the winning bid and paid in advance. We act as a transportation broker and are not responsible for damages, delays or other related issues. Please work with the shipping company as this is their responsibility, not ours.

13. Vehicle Certificate

The vehicle certificate will be released to the user upon completion of payment, review of the original and receipt of the user`s electronic signature on all required documents. The certificate is mailed to the address specified by the user. It is important to remember that we must first receive the certificate from the auction before releasing it to you. This may take up to 30 days.

Documents are sent via FedEx/UPS and require your signature. If the documents are not received and returned to us, a reissuance and reshipment fee will be applied. We are not responsible for delays or loss of documents by the postal service.

14. DMV Registration

Your vehicle is registered with the DMV and is responsible for all fees and taxes. You must verify that the vehicle is registrable in your state before purchasing.

15. Privacy Statement

Your privacy is important to us. Use of this site is subject to our privacy policy. We do not distribute your information without permission.

16. ELECTRONIC COMMUNICATIONS

Visiting the website or sending emails to Autoplatforma constitutes electronic communication. The User consents to receive communications electronically and acknowledges that all agreements, notices, explanations and other communications sent by Autoplatforma via email or posted on the website satisfy any legal requirement that communications be in writing.

17. EMAIL MAILING

By registering on our website or communicating with Autoplatforma via email, you agree to receive marketing and advertising materials. We guarantee that we will not send spam and do not share email addresses with third parties.

18. DATA SECURITY POLICY

We take all necessary and reasonable measures to protect data transmitted through our website or other channels from unauthorized access. However, you assume the risk of interception or unauthorized access by third parties prior to receipt by us or from our data storage systems. We are not responsible for protecting against access by unauthorized third parties and do not store credit or debit card details.

19. VIRUSES AND OTHER MISUSE OF COMPUTER

We do not guarantee that our site is free of errors, viruses or other harmful elements. You agree to protect your equipment from viruses and other threats. You are prohibited from using the site to distribute viruses, trojans, worms or other malicious programs, or attempt to gain unauthorized access to the site`s systems and data. Violation of these rules may result in criminal liability. We will report such violations to law enforcement authorities.

20. USER ACCOUNT

The user is obliged to maintain the confidentiality of their account and password, and to restrict access to their device. You are responsible for all activities that occur with your account. Sharing your account with third parties is prohibited. In the event of loss of control over the account, Autoplatforma is not responsible for the consequences. The company reserves the right to change, suspend or delete accounts at its sole discretion.

21. DISCLAIMER OF LIABILITY BY Autoplatforma

The user acknowledges that purchasing a car involves risks, including mechanical failures and possible loss of documents. The user agrees to these risks and undertakes to independently verify the information about the product, not relying solely on the data from the website. Autoplatforma is not responsible for possible inaccuracies in the characteristics of the cars. The user releases Autoplatforma and its employees from any liability for any loss, injury or damage resulting from the purchase, whether caused by Autoplatforma`s negligence or not.

COPART DISCLAIMER

You acknowledge that you have read and understand the Copart Program`s full terms and conditions (https://www.copart.com/Content/US/EN/Member-Terms-and-Conditions) Except as required by applicable law, all vehicles sold through Copart are provided "AS IS" WITHOUT WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

23. IAAI DISCLAIMER

You acknowledge that you have read and understand the full terms and conditions of the IAAI program (https://www.iaai.com/TermsOfUse). Except where required by law, all vehicles sold through IAAI are provided "AS IS" WITHOUT WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

24. NO UNLAWFUL OR MISAPPROPRIATE USE OF INTELLECTUAL PROPERTY

Users are granted a limited, non-exclusive, non-transferable license to use our website in accordance with the terms of this agreement. You agree not to use the site for any illegal purpose or to violate the terms of use. You may not interact with the site in any way that could overload, damage, or restrict access by other users.

All materials contained on the site (text, graphics, logos, images, and software) are the property of the company or its suppliers and are protected by copyright and other intellectual property laws. Users are required to observe copyright and other notices contained in the site content and not to modify it. The use of copyrighted materials for resale or creation of derivative works without permission is prohibited.

25. CHOICE OF LAW

This agreement is governed by the laws of the European Union or the United States of America, depending on the location of the service, without regard to conflict of law principles.

26. GENERAL TERMS

All rights in this website, its content, information and other materials provided, including software, copyright and other legal notices (collectively, the "Materials") are owned by us, our affiliates or third parties who have granted us permission to use them. They are protected by international copyright and other intellectual property laws. All rights not expressly granted under this Agreement are reserved by us or third parties/affiliates.

You understand that transmitted information (except credit card information), may be transferred unencrypted and may be (a) transferred over various networks and (b) changed to conform and conform to technical requirements of such networks or devices. Credit card information is always transmitted in encrypted form.

You may not modify, delete, add to, transmit, publish, participate in the transfer or sale, create derivative works, or use any of the content on this site, in whole or in part, unless otherwise provided. Users may make copies of portions of the content for their own personal use only, provided that they retain all notices such as copyright, trademark, or other legal notices. Except as provided above or as permitted under United States copyright law, a user may not upload, post, reproduce, or distribute protected content without the permission of the copyright owner.

27. INTERNATIONAL USERS

The Website is controlled, operated, and administered by the Company from our offices within the United States and the European Union. If you access the website from a location outside the United States or the European Union, you are responsible for compliance with all local laws. You agree not to use the Company content available through the website in a country or in a manner prohibited by any applicable laws, restrictions or regulations.

28. DISCLAIMER

You agree to indemnify, defend and hold harmless the Company, its officers, directors, agents and third parties from and against any losses, expenses, liabilities or costs (including reasonable attorneys` fees) arising out of your use of or inability to use the website, your violation of this Agreement, the rights of any third party or any applicable laws or regulations. The Company reserves the right to assume the exclusive defense and control of any matter at its own expense, in which event you will fully cooperate with the Company.

29. SEVERABILITY

If any provision of these Terms is held to be unlawful, void or unenforceable, such provision will nonetheless be enforced to the fullest extent permitted by law. The unenforceable portion will be deemed to be severed and will not affect the validity of any remaining provisions.

30. FORCE MAJEURE

The Company shall not be liable for delays or failures in performance caused by circumstances beyond its reasonable control. This includes, but is not limited to: strikes, wars, natural disasters, technical failures, power outages, computer errors. The Company undertakes to make reasonable efforts to restore service as soon as possible.

31. ARBITRATION

All disputes related to these Terms will be resolved through binding arbitration in accordance with the Federal Arbitration Act. The arbitration will be conducted by a single neutral arbitrator determined by the parties. The arbitrator`s award will be final and enforceable in court. The arbitration will be conducted on an individual basis; class actions and representative proceedings are excluded.

32. CLASS ACTION WAIVER

Any proceedings under these Terms may only be conducted individually. You agree not to participate in class actions or any other representative proceedings.

33. REFUND POLICY

Users are entitled to a refund of the deposit made on the platform in accordance with the provisions of Section 5 of the Terms of Use and Conditions. Additionally, users have the right to request the withdrawal of any positive account balance using the platform interface via the automated withdrawal feature.

Please note that all refunds will be processed exclusively to the original payment method used for the initial transaction.

Certain digital services available on the website are non-refundable. This is because such services are deemed fully delivered upon payment, making them ineligible for a refund. Examples of such services include, but are not limited to: Carfax reports, Autochek reports, and other online services provided by Autoplatforma.

By completing a payment on the website, users acknowledge and agree to the no-refund policy for these digital services.

34. TERMINATION/RESTRICTION OF ACCESS

The Company reserves the right to terminate your access to the website at any time without notice.

35. Third Party Sites and Content

The Website may contain content for which third parties, such as Copart and/or IAAI, are responsible. Autoplatforma is not responsible for the materials posted on third party websites and does not endorse their content. We are not responsible for the accuracy or currency of the information provided on such platforms, and do not guarantee their compliance with all security or privacy policies. The user should be careful and make sure that there are no viruses or other harmful elements when using the content of third party sites.

36. Website Changes

We are constantly working to improve and develop our Website. We may make changes to the structure, features and content of the site at any time without notice to ensure the best user experience. These changes may include adding or removing features, services or displaying information, depending on our decision on what is most useful and convenient for users.

37. Changes to Terms and Conditions

The Company reserves the right, at its sole discretion, to change the terms and conditions under which the Website is provided. The most current version of the Terms will always supersede any previous versions. We recommend that you check the Terms regularly to stay informed of any changes that may affect your use of the Website. Your continued use of the platform following an update to the terms indicates your agreement to the new versions.

38. How to Contact Us

If you have any questions or comments regarding these terms and conditions, please feel free to contact us at this email address: [email protected]