Welcome to The Power Auction ("we," "us," "our," or "Company"). These Terms of Service ("Terms," "Agreement") govern your access to and use of thepowerauction.com (the "Website"), our mobile applications, and all related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. Operator Information: Company Name: The Power Auction Registered Office: 10/179, Alappuzha, Kerala, India Contact Email: support@thepowerauction.com Grievance Officer: Muhammed Shihabudeen, grievance@thepowerauction.com Website: https://thepowerauction.com These Terms constitute a legally binding agreement between you ("User," "you," or "your") and The Power Auction. 2. Eligibility and Account Registration 2.1 Age Requirements You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that: You are at least 18 years old You have the legal capacity to enter into binding contracts You are not prohibited from using our Services under applicable laws 2.2 Account Registration To participate in auctions, you must create an account by providing: Accurate and complete information A valid email address A secure password Verification of identity (as required) You are responsible for: Maintaining the confidentiality of your account credentials All activities that occur under your account Notifying us immediately of any unauthorized access 2.3 Account Restrictions We reserve the right to refuse registration or suspend/terminate accounts at our sole discretion, including if: You provide false, inaccurate, or incomplete information You violate these Terms You engage in fraudulent or illegal activities You manipulate auctions or engage in shill bidding You have previously been banned from our platform 2.4 Geographic Restrictions While our Services are available globally, certain features, payment methods, or shipping options may be restricted based on your location. You are responsible for ensuring your use of our Services complies with local laws. 3. Auction Rules and Bidding 3.1 Auction Participation By placing a bid, you agree that: Each bid constitutes a binding offer to purchase the item Bids cannot be retracted except in exceptional circumstances (clerical error, item description materially changed) You will complete the transaction if you are the winning bidder You have read and understood the item description, condition, and terms 3.2 Bidding Process Bid Placement: Bids must be placed in the increment specified for each auction You may place manual bids or use our automatic bidding feature (proxy bidding) Our system will automatically increment your bid up to your maximum amount when outbid Bid Confirmation: You will receive confirmation of each bid via email/notification You can view your active bids in your account dashboard You will be notified if you are outbid Reserve Price: Some auctions may have a reserve price (minimum acceptable bid) If the reserve is not met, the seller is not obligated to complete the sale Reserve prices are not publicly disclosed 3.3 Winning an Auction Auction Close: Auctions close at the specified date and time The highest bidder at closing time is the winner Anti-sniping rules may extend the auction if bids are placed in the final minutes Time displayed is [Indian Standard Time (IST)] unless otherwise specified Winner Obligations: Pay for the item within [72 hours] of auction close Respond to seller communications promptly Complete the transaction in good faith Provide accurate shipping information Winner Selection: The highest valid bid wins the auction In case of identical bids, the earlier bid takes precedence We reserve the right to cancel transactions involving fraudulent bids 3.4 Prohibited Bidding Practices The following are strictly prohibited: Shill bidding: Bidding on your own items or using secondary accounts Bid manipulation: Artificially inflating prices or colluding with other bidders Non-payment: Repeatedly winning auctions without payment Bid shielding: Using other accounts to protect your bid Bot bidding: Using automated programs to place bids (unless authorized) Violations may result in: Account suspension or termination Legal action Referral to law enforcement authorities Liability for damages 4. Listing and Selling Items 4.1 Seller Eligibility To list items for auction, you must: Have a verified account Comply with all applicable laws regarding the sale of goods Possess legal right to sell the items Pay applicable listing and commission fees 4.2 Item Descriptions Sellers must provide: Accurate and complete item descriptions High-quality photographs showing the item's condition Authentication certificates (if applicable for sports memorabilia) Disclosure of any defects, damage, or condition issues Accurate information about provenance and authenticity Prohibited Misrepresentations: Counterfeit or replica items represented as authentic False claims about item condition, rarity, or value Misleading photographs or descriptions Omission of material defects 4.3 Prohibited Items You may not list: Counterfeit, replica, or unauthorized merchandise Stolen property Items that violate intellectual property rights Illegal goods or services Weapons, drugs, or hazardous materials Items prohibited by law in India or the buyer's jurisdiction Adult content or services Items without proper authentication (high-value memorabilia) 4.4 Seller Obligations After an auction ends, sellers must: Honor all winning bids Communicate with the buyer within 24 hours Ship items within [5 business days] of receiving payment Package items securely to prevent damage Provide tracking information Issue refunds for legitimate claims Seller Fees: Listing fees: [Specify if applicable] Commission on successful sales: [X]% of final sale price Payment processing fees: As charged by payment processor Featured listing fees: [Specify if applicable] 5. Payment Terms 5.1 Payment Methods We accept the following payment methods: Credit/Debit Cards (Visa, Mastercard, American Express, RuPay) UPI (Indian users) Net Banking Digital Wallets (Paytm, PhonePe, Google Pay) PayPal (International users) Other payment methods as specified 5.2 Payment Processing All payments are processed securely through our payment partners We do not store complete credit card information Payments must be made in the currency specified for each auction Currency conversion fees may apply for international transactions 5.3 Buyer's Premium A buyer's premium of [X]% will be added to the winning bid amount. The total amount payable is: Total = Winning Bid + Buyer's Premium + Shipping + Applicable Taxes 5.4 Taxes Buyers are responsible for all applicable taxes, including GST (Goods and Services Tax in India) International buyers are responsible for customs duties and import taxes Tax invoices will be provided as per Indian tax regulations 5.5 Non-Payment If a winning bidder fails to complete payment: The account may be suspended or terminated The item may be offered to the second-highest bidder The seller may relist the item Legal action may be taken for recovery A non-payment strike will be recorded on the account 6. Shipping and Delivery 6.1 Shipping Responsibility Sellers are responsible for shipping items to winning bidders Shipping costs are specified in the auction listing International shipping may have additional costs and customs requirements 6.2 Shipping Timeframes Domestic (India): [5-10 business days] International: [10-30 business days] depending on destination Expedited shipping may be available at additional cost 6.3 Delivery Confirmation Tracking information must be provided to buyers Sellers must ship to the address provided by the buyer Buyers must confirm receipt of items 6.4 Lost or Damaged Items Sellers should insure high-value items Claims for lost or damaged items must be filed within [7 days] of expected delivery Disputes will be resolved according to our Dispute Resolution process 7. Returns, Refunds, and Cancellations 7.1 Return Policy Items may be returned if: The item is materially different from the description The item is counterfeit or not authentic The item is damaged during shipping (with proof) The seller agrees to accept returns Return Process: Contact the seller within [7 days] of receipt Provide photographic evidence if claiming damage or misrepresentation Obtain return authorization Ship item back with tracking Refund processed upon receipt and inspection 7.2 Refund Policy Refunds will be issued: Within [7-14 business days] of approved return To the original payment method Less any applicable restocking or processing fees After inspection confirms the item's condition Non-Refundable: Change of mind (unless seller agrees) Buyer's remorse Items damaged after delivery Items outside the return window 7.3 Cancellation Policy Sellers may cancel auctions: Before any bids are placed (without penalty) If the item is lost, damaged, or no longer available (with explanation) If there are legitimate concerns about bid authenticity Repeated cancellations may result in account penalties. Buyers may cancel bids: Only in exceptional circumstances (contact support immediately) Unauthorized cancellations may result in account suspension 8. Authenticity and Disputes 8.1 Authenticity Guarantee For high-value sports memorabilia: We require third-party authentication certificates Accepted authenticators: [List approved authentication services] Items without proper authentication may be removed Buyers may request authentication within [14 days] of receipt 8.2 Dispute Resolution For disputes between buyers and sellers: Step 1: Direct Communication (Days 1-5) Buyers and sellers should attempt to resolve issues directly Use our messaging system to maintain records Step 2: Mediation (Days 6-15) Contact our support team at support@thepowerauction.com Provide evidence, photos, and communication records We will review and mediate the dispute Step 3: Platform Decision (Days 16-30) If mediation fails, we will make a binding decision Decisions are based on evidence and compliance with Terms Refunds, returns, or other remedies may be ordered Step 4: Legal Action Either party may pursue legal remedies if unsatisfied See Section 16 (Governing Law and Jurisdiction) 8.3 Escrow Protection For high-value transactions (above [₹50,000 / $500]): Payments may be held in escrow until delivery is confirmed Buyers have [7 days] to inspect and accept the item Funds released to seller after acceptance or inspection period 9. Intellectual Property Rights 9.1 Platform Content All content on our Website, including but not limited to: Text, graphics, logos, images Software, code, and functionality Trademarks and service marks ("The Power Auction" brand) Design elements and user interface Is owned by The Power Auction or our licensors and protected by: Indian Copyright Act, 1957 Trademarks Act, 1999 International intellectual property laws You may not: Copy, reproduce, or distribute our content without permission Use our trademarks or branding Create derivative works Reverse engineer our software 9.2 User-Generated Content By submitting content (listings, photos, reviews, comments): You retain ownership of your content You grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content You represent that you have the right to share this content You are responsible for ensuring your content doesn't infringe third-party rights 9.3 Copyright Infringement We respect intellectual property rights. If you believe content on our platform infringes your copyright: Contact our Designated Copyright Agent: Email: copyright@thepowerauction.com Provide: Description of copyrighted work, infringing content location, your contact information, statement of good faith belief, statement of accuracy under penalty of perjury We will investigate and remove infringing content as required by law. 10. Prohibited Conduct 10.1 You Agree NOT To: Account Abuse: Create multiple accounts to circumvent bans Share or sell your account Impersonate others Platform Abuse: Interfere with or disrupt the Services Use bots, scrapers, or automated tools without permission Attempt to gain unauthorized access to systems Introduce viruses, malware, or harmful code Commercial Abuse: Engage in money laundering or fraud Use the platform for illegal transactions Manipulate prices or engage in anti-competitive behavior Avoid paying fees through alternative arrangements Content Abuse: Post false, misleading, or defamatory content Harass, threaten, or abuse other users Share obscene, offensive, or inappropriate content Spam or send unsolicited communications Legal Violations: Violate any applicable laws or regulations Infringe intellectual property rights Engage in terrorism financing or prohibited activities Violate sanctions or export control laws 10.2 Consequences of Violations Violations may result in: Content removal Account suspension or termination Forfeiture of funds or items Legal action and liability for damages Reporting to law enforcement 11. Disclaimer of Warranties 11.1 "AS IS" Service THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including: Merchantability and fitness for a particular purpose Non-infringement Accuracy, reliability, or completeness of content Uninterrupted or error-free operation Security of data transmission 11.2 Third-Party Content We are not responsible for: Accuracy of user listings and descriptions Authenticity of items (unless explicitly guaranteed) Actions or omissions of buyers and sellers Third-party websites or services linked from our platform 11.3 No Guarantee of Results We do not guarantee: Items will sell or achieve certain prices Buyers will complete purchases Sellers will deliver items as described Disputes will be resolved in your favor You use our Services at your own risk. 12. Limitation of Liability 12.1 To the Maximum Extent Permitted by Law: WE SHALL NOT BE LIABLE FOR: Indirect, incidental, consequential, or punitive damages Loss of profits, revenue, data, or business opportunities Damages resulting from user errors or misuse Unauthorized access to your account Actions of other users (buyers, sellers, or third parties) Technical failures, downtime, or interruptions Loss or damage to items during shipping EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12.2 Limitation Amount Our total liability for any claims arising from these Terms or use of our Services shall not exceed: The fees you paid to us in the 12 months preceding the claim, OR ₹10,000 (Ten Thousand Indian Rupees) / $100 USD Whichever is greater. 12.3 Exceptions Some jurisdictions do not allow limitation of liability for certain damages. If applicable law prohibits these limitations, they may not apply to you. Indian consumer protection laws may provide additional rights. 12.4 Indemnification You agree to indemnify and hold harmless The Power Auction, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: Your use of the Services Your violation of these Terms Your violation of any third-party rights Your listings, bids, or transactions Any content you submit 13. Privacy and Data Protection 13.1 Privacy Policy Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at [link to Privacy Policy]. 13.2 Data Collection and Use By using our Services, you consent to: Collection and processing of your personal data as described in our Privacy Policy Use of cookies and tracking technologies International transfer of data to India and other countries where we operate 13.3 Communications By creating an account, you consent to receive: Transactional emails (bid confirmations, auction results) Service announcements and updates Marketing communications (you may opt-out) Legal notices and policy updates 13.4 Third-Party Services We use third-party service providers for: Payment processing Shipping and logistics Analytics and advertising Customer support These providers have access to your information as necessary to perform their functions and are obligated to protect it. 14. Modifications to Services and Terms 14.1 Service Changes We reserve the right to: Modify, suspend, or discontinue any aspect of the Services Change fees and pricing with 30 days' notice Add or remove features Update auction rules and policies We are not liable for any modifications or interruptions to the Services. 14.2 Terms Changes We may update these Terms from time to time. Changes will be effective: When posted on our Website with a new "Last Updated" date 15 days after email notification to registered users Immediately for legal or regulatory compliance Your continued use of the Services after changes constitutes acceptance of the modified Terms. Material changes will be announced through: Email notification Prominent notice on the Website In-app notification If you disagree with changes, you must stop using the Services. 15. Termination 15.1 Termination by You You may terminate your account at any time by: Contacting support@thepowerauction.com Using the account deletion feature in settings Providing 7 days' notice if you have active auctions or transactions Upon termination: You must complete all pending transactions Your access to the Services will be revoked Your data will be retained as per our Privacy Policy and legal requirements 15.2 Termination by Us We may suspend or terminate your account immediately and without notice if: You violate these Terms You engage in fraudulent or illegal activity Your account has been inactive for an extended period We are required to do so by law We discontinue the Services We are not liable for any damages resulting from termination. 15.3 Effect of Termination Upon termination: All licenses granted to you will immediately cease You must cease using the Services Sections that by their nature should survive will remain in effect (liability limitations, indemnification, dispute resolution) Outstanding payments remain due We may delete your content and data 16. Governing Law and Jurisdiction 16.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Specifically: Indian Contract Act, 1872 Information Technology Act, 2000 Consumer Protection Act, 2019 Digital Personal Data Protection Act, 2023 Other applicable Indian laws 16.2 Jurisdiction For Indian Users: Any disputes shall be subject to the exclusive jurisdiction of the courts in [Your City, State], India You consent to personal jurisdiction in these courts For International Users: Disputes shall first be subject to the jurisdiction of Indian courts However, you may pursue claims in your local jurisdiction if permitted by local law Consumer protection laws in your country may provide additional rights 16.3 Arbitration (Optional - Recommended for India) For disputes involving amounts less than ₹20,00,000 (Twenty Lakhs): Before filing any legal action, parties agree to attempt resolution through: Negotiation: Direct discussion between parties (30 days) Mediation: Mediation by a neutral third party (30 days) Arbitration: Binding arbitration under the Arbitration and Conciliation Act, 1996 Arbitration terms: Single arbitrator mutually agreed upon Seat of arbitration: [Your City], India Language: English Arbitration rules: [Indian Council of Arbitration / ICADR] Arbitrator's decision is final and binding Exceptions to Arbitration: Claims for injunctive relief Intellectual property disputes Fraud or criminal activity Small claims court matters 16.4 Class Action Waiver You agree that: Disputes must be brought individually You waive the right to participate in class action lawsuits You may not consolidate claims with other users This waiver does not apply if prohibited by law in your jurisdiction. 17. Miscellaneous Provisions 17.1 Entire Agreement These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and The Power Auction regarding use of the Services. 17.2 Severability If any provision of these Terms is found to be invalid or unenforceable: The remaining provisions will remain in full effect The invalid provision will be modified to the minimum extent necessary to make it valid 17.3 Waiver Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. 17.4 Assignment You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms at any time without notice, including in connection with a merger, acquisition, or sale of assets. 17.5 Force Majeure We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including: Natural disasters (floods, earthquakes, pandemics) War, terrorism, civil unrest Government actions or regulations Internet or telecommunications failures Labor disputes Acts of God 17.6 Third-Party Beneficiaries These Terms do not create any third-party beneficiary rights except as explicitly stated. 17.7 Language These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails. 17.8 Notices Legal notices to us should be sent to: Email: legal@thepowerauction.com Address: [Your Registered Office Address] Notices to you will be sent to: The email address associated with your account Through in-app notifications By posting on our Website Notices are effective upon receipt (email) or posting (Website). 17.9 Relationship of Parties These Terms do not create any: Partnership, joint venture, or agency relationship Employment relationship Franchise or distributorship The Power Auction is an independent contractor, and you are an independent user. 17.10 Survival The following sections survive termination of these Terms: Intellectual Property Rights Disclaimers and Limitations of Liability Indemnification Governing Law and Dispute Resolution Any obligations that accrued before termination 18. Contact Information For questions, concerns, or complaints regarding these Terms or our Services: The Power Auction General Inquiries: Email: support@thepowerauction.com Phone: +91-9037138030 Legal Matters: Email: legal@thepowerauction.com Grievances (Indian Users): Grievance Officer: [Officer Name and Designation] Email: grievance@thepowerauction.com Response Time: Within 24 hours Address: 10/179, Alappuzha, Kerala, India PIN Code: 688005 India Website: https://thepowerauction.com 19. Acknowledgment and Acceptance BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT: You have read and understood these Terms of Service You agree to be bound by these Terms You are at least 18 years of age You have the legal capacity to enter into this agreement You will comply with all applicable laws and regulations If you do not agree to these Terms, you must immediately cease using our Services. Last Updated: November 13, 2025 Version: 1.0 These Terms of Service are designed to comply with Indian laws including the Information Technology Act 2000, Consumer Protection Act 2019, and other applicable regulations. However, they should be reviewed by a qualified legal professional to ensure full compliance with all applicable laws in India and other jurisdictions where you operate.