PUBLIC AGREEMENT (PUBLIC OFFER)

This offer is directed to an unlimited number of persons and constitutes a public offer to enter into a Public Service Agreement, available on the internet at https://autoauctionhistory.com (hereinafter referred to as the Public Offer or Agreement), under the following terms:

By accepting this offer, the Customer acknowledges:

That all their actions are aimed at genuinely initiating legal consequences stipulated by the Agreement.
That they are not restricted in their right to conduct transactions.
That they are not recognized as legally incompetent (either in whole or in part), are not in a state of illness, do not suffer from conditions at the time of entering this Agreement, and are not under the influence of drugs or other substances that could impair their understanding of the essence of the Agreement and/or their ability to act or not act accordingly.

TERMS USED IN THE AGREEMENT

Acceptance refers to the full and unconditional acceptance of the offer by the Customer through actions aimed at confirming the Public Offer using the technical capabilities of the Site.
Customer is a person who has accepted the terms of this Agreement and becomes the recipient of the Contractor's services under the concluded Agreement. The Customer can be any competent individual who is at least 18 years old and intends to use the services of the Contractor as determined by this Agreement.
Contractor (Organizer) is the provider of the site's service.
Site Administration refers to the person or group of people authorized to manage the Site, moderate it, post content on the Site, interact with Users, and perform other actions related to the Site's use. The Site Administration acts on behalf of the Site Owner.
Website is a collection of data, electronic (digital) information, other copyright and (or) related rights objects, etc., structured within the address https://autoauctionhistory.com.
Offer is this offer from the Contractor to conclude a Public Agreement for the provision of Services, aimed at an indefinite number of persons and posted on the Site.
User is an individual or legal entity that uses the Site for information purposes, whether on an unpaid or paid basis.
Registration in your personal account involves a procedure voluntarily performed by the User on the Website, consisting of actions by the User (according to a special form), including the provision of personal data to create a Personal Account and gain access to the Site's services.
Personal Account is a closed part of the Site, accessible to the User after registration, designed for managing and configuring Autoauctionhistory services, storing, and editing User data. It contains information the User provided about themselves during registration and allows Autoauctionhistory to identify the User using an individual login and password.
Login is a unique name (identifier) of the User on the Site, used for entry into the Personal Account and performing actions using the Site's functionality, including but not limited to, concluding and executing agreements.
Password is a secret set of characters required for entering the User’s Personal Account, known only to the User.
Report defines detailed information about the vehicles available at auction portals if the vehicle was put up for auction.
Lot defines a vehicle regarding which an auction was conducted by bidders (name, quantitative and qualitative characteristics, cost, etc.).

BASIC PROVISIONS

The agreement between the Contractor and the Customer of services is concluded in the form of an accession agreement.
This Agreement is a public contract, deemed concluded between the Contractor and the Customer from the moment of Acceptance of all the conditions and provisions of this Agreement without exception.
Under the terms defined by this Agreement, the Contractor agrees to provide the Services to the Customer, and the Customer agrees to accept and pay for the Services provided, if the Services are provided on a paid basis.
Actions indicating consent to comply with this Agreement's terms are the Customer's acceptance of this Agreement's terms.

The Customer carries out the Acceptance of the Agreement after reviewing its terms and conditions posted on the Site by aggregate or separate execution of any of the following actions:

Indicating agreement with the statement "I have read (read) the terms of this Agreement and accept its terms."
Fully paying for the Service by the Customer, if it is provided on a paid basis.

SUBJECT OF THE AGREEMENT

The Contractor provides the Customer with informational, historical, and statistical data on car sales and other vehicles at leading auction portals.
The site user has the option to search for data on a specific lot or VIN number, as well as search for selected vehicle parameters (type, model, manufacturer, year of release, auction, auction date, auction location).
Services under this Agreement refer to the provision of informational services, namely access to the Site and its functionalities for personal, non-commercial use. They should not be construed as providing advice or the sole source of information when purchasing a used vehicle (hereafter - the Service).
Information on the Site is provided on an "as is" basis. The Contractor does not guarantee that the Services will meet the goals and expectations of the Users or any other persons.
The information published on the Site consists of information posted on auction portals and other open resources and may include technical, typographical, or photographic errors. The Contractor makes no warranties that any publication is accurate, complete, or current.
The Contractor may update the materials on the Site at any time without notice and is not responsible for updating resources.

COST OF SERVICES AND RATES

The cost of the Services depends on the volume and nature of the Services provided and is indicated immediately after the selection of a particular Service.
The Contractor has the right to unilaterally change the cost of the Services until they are paid.
Payment for Services by the Customer confirms familiarization and full acceptance of the terms of this Agreement.
Payment for the Services is made by bank transfer to the account of the Contractor, the details of which are provided to the Customer after choosing the Service.
The service is considered paid from the moment the funds are credited to the Contractor’s current account.

PROCEDURE FOR PROVISION OF SERVICES

For efficient and full use of the Site, the User needs to register by correctly and fully filling out all the necessary fields of the registration form, entering the following data: name, surname, email, and phone number of the User.

When registering, the User is obliged to provide reliable and up-to-date information, including a unique login for each User, an email address, and a password for access to the Personal Account. The Contractor reserves the right to change the fields of the registration form and require the User to enter additional information.
The User agrees and undertakes to provide true, accurate, and complete information for their Personal Account and to maintain its truthfulness, accuracy, and completeness.
By registering on the Site, the User gains access to the Personal Account using the entered login and password, which allows them to organize search results (bookmarks, search history, acquired Reports).
After registration, the username and password chosen by the User are sufficient information for the User to access the Service. The User does not have the right to transfer their username and password to third parties, bears full responsibility for their safety, independently choosing the method of their storage. Any actions committed using their username and password are considered committed by the corresponding User.

The procedure for the provision of free services by the Contractor:

The user, without making payments according to the selected parameters, gets limited access to the full information posted on the website: photographs of the vehicle, limited information regarding the vehicle, traffic accidents, information about the last auction held.

The procedure for the provision of services by the Contractor on a paid basis:

The customer, on a paid basis, gains access to the full information posted on the website, including, but not limited to: the final price of the vehicle, data on the VIN number, data regarding the seller, vehicle mileage, vehicle sales history, access to high-quality photographs from auctions.
The customer can receive a Report with information on the Lot on a paid basis. The reports provide information about vehicles from open Internet resources, auction portals, and may contain photos of the vehicle, as well as detailed information about vehicles that were available to the audience on auction portals, if the vehicle was put up for auction.
The report, in particular, includes information about the characteristics of the vehicle, information about known damage, the history of the vehicle's sale at auctions, photographs, etc.
The customer can pay both for the Report for one Lot and for a certain selected number of Reports.
When paying for the Report, the Customer receives information on the Lot, which was on Autoauctionhistory at this VIN number at the time of the acquisition of the Report. If after purchasing the Report, new, additional information on the Lot appears, the information will not be part of the acquired Report and requires additional payment.
The Contractor does not guarantee that the Reports will be available for any vehicle, and also that the information from the Report is accurate, comprehensive, verified, and complete.
The Contractor is not responsible for the accuracy or completeness of the information provided in the Report. The Contractor does not provide a guarantee that the vehicle was not put up for auction at an auto auction if the corresponding entry is not in the Report.
The Customer gains access to the acquired Report in the Personal Account, as well as an additional email with a personal link to the Report is sent to the specified email address of the Customer.
The Customer, when paying for the Services, namely: access to the service for a certain period, receives up-to-date information on the Lots during the entire paid period.

RIGHTS AND OBLIGATIONS OF THE PARTIES

Rights and obligations of the Customer:

The customer has the right to receive the Services under the terms of this Agreement.
The Customer is entitled to receive information from the Contractor about the Services provided and the conditions for their provision.
The customer is entitled to enter the Personal Account under their account at the same time from only one access point (personal computer, laptop, netbook, tablet, etc.).
The customer is obliged to provide the Contractor with complete and reliable information about his data. In the event of a change in data, the Customer is obligated to update relevant information in the Personal Account, taking on the risks of the consequences of untimely commission of such actions.
The customer is obliged to ensure the security and confidentiality of the information specified and used in the Personal Account. The customer independently ensures the safety of their personal login and password. The Customer bears full responsibility for any actions carried out through his Personal Account and agrees to immediately inform the Site Administration of any case of unauthorized use of the Personal Account, any violation of the established safety standards, as well as a violation of the terms of this Agreement.
The Customer is obligated not to reproduce, repeat, copy, sell, or use for any commercial purpose the information and materials that became available to him in connection with the provision of the Services, except for their personal use.
The Customer agrees not to post or upload content or elements to inappropriate categories and services on the Site.
The Customer is prohibited from distributing or posting spam, unwanted or mass emails, spreading viruses, or performing any other actions that could harm Autoauctionhistory.
The Customer agrees and confirms that using the Services, in any case, does not contribute to fraud, deception, or breach of trust; does not carry out transactions with stolen or counterfeit items and/or items whose free circulation is restricted and/or prohibited in accordance with applicable law; does not affect the ownership of the Contractor or third parties, including intellectual property; does not publish information that offends someone's honor, dignity, or business reputation; does not carry out slander, does not threaten; does not call for the commission of a crime, and also does not incite ethnic and racial hatred; is not conducive to terrorist and extremist activities.
The Customer has the right to require the Contractor to provide the Services in accordance with the terms of this Agreement.
The customer has other rights provided by the legislation of Ukraine and international law.

Rights and obligations of the Contractor:

The Contractor is obliged to organize and provide the Customer with the proper provision of the Services in accordance with this Agreement.
The Contractor is obliged to ensure the storage and processing of the Customer’s personal data, to provide confidentiality of these data in the process of their processing, and to use them exclusively for the high-quality provision of Services.
The Contractor is obliged to provide the Customer with information on the provision of the Services upon his request.
The Contractor has the right to receive from the Customer the information necessary to fulfill its obligations under the Agreement.
In the absence of a specific Lot on the Site, the Contractor has the right, upon the User’s request, to post it on the Site after the User confirms the authenticity of the Lot and the data confirming its purchase provided to [email protected].
The Contractor has the right to close or suspend the operation of the Site or any part thereof, to supplement, modify, update materials without prior notice to the Customer.
The Contractor has the right to unilaterally determine the cost of providing the Services.
The Contractor has the right to conduct surveys, survey the Customer, including request feedback on the received Services, publish or otherwise distribute the results of the survey (survey), reviews on the provided Services.
The Contractor has the right to unilaterally amend the terms of the Agreement by posting a new version of the Agreement on the Site.
If the Customer has contacted the Contractor with an official letter to the address [email protected], about deleting or changing information on a particular Lot, as such, that contains false, inaccurate, or incomplete data, the Contractor must consider it and take all necessary measures.

RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE

In the event of failure to fulfill or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine, the terms of this Agreement, as well as applicable international law.
The Contractor is not responsible for the inability to use the Services for reasons dependent on the Customer.
The parties, taking into account the nature of the Services provided, undertake, in case of disputes and disagreements related to the provision of the Services, without fail to apply the pre-trial procedure for the settlement of the dispute, in particular by sending the corresponding written claim. If it is impossible to resolve the dispute in the pretrial order, such disputes are resolved in court in accordance with the rules of jurisdiction and jurisdiction established by the legislation of Ukraine and international law.
The Contractor is not responsible for the failure by the Customer to receive the Services under this Agreement if the Customer provides false information in fulfillment of the terms of the Agreement, including, but not limited to, contact information (e-mail, other means of communication), as well as failure to provide information in case of her changes.
The Contractor is not responsible for the non-receipt by the Customer of the Services under this Agreement if the Customer cannot receive the Services for technical reasons beyond the control of the Contractor, in particular, if the Customer does not have access to the Internet as a result of the actions of communication operators, providers, influence of computer viruses and/or other malicious programs, due to the lack of necessary software and hardware and/or inadequate payment for such access.
The Contractor is not responsible for the actions or omissions of the Customer, as a result of which damage was caused to other Customers of the Contractor's services, and is also not responsible for damage caused to the Customer as a result of actions or inaction of other Customers of the Services.
The Contractor is not responsible for the Lot’s non-compliance with the Customer’s expectations and/or its subjective assessment. Such a discrepancy with expectations and/or a negative subjective assessment is not a reason to consider the Services provided poorly, or not to an agreed extent.
The Contractor is not responsible for the content of third-party information posted on the Site and third-party websites to which we link. The Contractor is not responsible for the data collected by third parties, namely: information regarding the condition, safety, marketability, history of emergencies, sales history, and registration data of vehicles.
The Contractor is not responsible for non-receipt of profit (income), profit below expectations of the Customer, as well as for direct and indirect losses of the Customer.
The Customer is solely responsible for any consequences of its actions or omissions, including the expected results from the received Service.

PERSONAL DATA

By concluding this Agreement, the Customer confirms that he is fully acquainted with and agrees with its terms, as well as with the provisions of the Law of Ukraine “On the Protection of Personal Data”, the Privacy Policy published on this Site, and also gives permission to the Customer to process his personal data.
The personal data provided by the Customer is personal and confidential information, according to the Privacy Policy published on the Privacy Policy page and which is an integral part of the Agreement.

FORCE MAJEURE

The Parties are exempted from liability for partial or full failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances (force majeure circumstances) arising after the conclusion of this Agreement and made it impossible to fulfill obligations in accordance with the terms of this Agreement. Such circumstances, in particular, but not limited to, include emergencies of a man-made, natural or environmental nature, accidents in power supply systems, the destruction of these systems caused, in particular, by earthquakes, floods, hurricanes, etc., a prolonged lack of electricity and the Internet for reasons beyond the control of the parties, hostilities, a strike, riots, and other unlawful acts, as well as floods, fires, anti-terrorist operations, earthquakes, and other natural disasters, war, military operations, uncontrolled, unlawful acts and acts of vandalism of third parties, revolutionary actions, public unrest, acts or actions of government bodies, adoption of legal or by-laws that directly affect the parties' ability to fulfill the terms of this Agreement, and any other extraordinary circumstances.
If force majeure circumstances and their consequences continue to operate for more than three months, the Parties should negotiate as soon as possible in order to identify alternative methods acceptable for both Parties to fulfill the terms of this Agreement and to achieve the corresponding written agreements.

DURATION OF THE AGREEMENT AND THE TERMS OF ITS TERMINATION

This Agreement shall enter into force upon acceptance of this Agreement by the Customer and is valid until the Parties fully fulfill their obligations.
This Agreement may be terminated ahead of schedule:
by mutual agreement of the Parties;
at the initiative of the Customer, in case of violation by the Contractor of the terms of this Agreement;
at the request of the Contractor, in case of violation by the Customer of the terms of this Agreement.

FINAL PROVISIONS

Acceptance by the Customer of the terms of this Agreement (acceptance of the offer) is possible only in full. Partial acceptance of the offer, as well as the acceptance of the offer on other conditions are not allowed and are considered a refusal of the Customer from this Agreement.
The Contractor has the right to unilaterally change the terms of this Agreement without prior notice to the Customer. Changes come into force from the moment they are posted on the Site unless otherwise provided by the text of the Agreement or current legislation.
Changes to this Agreement made in accordance with paragraph 13.2 of this Agreement do not apply to relations that arose between the Parties before the date of entry into force of these changes and were not settled before their entry into force.
The Customer is obliged to independently monitor changes in the terms of this Agreement by regularly reviewing its text on the Site.
If the Customer does not agree with the changes to the Agreement made by the Contractor, the Customer must stop using the Site and refuse to receive the Services provided on its basis.
In case of disagreement with the terms of this Agreement, the Customer must refuse to use the Site and the Services provided on its basis.
In case of disagreement with the terms of this Agreement, the Customer must stop using the Site and refuse to receive the Services provided on its basis.