Terms of Use for Horani Auctions

These Terms of Use (these “Terms”), together with our Privacy Policy, govern your access to and use of https://www.horaniauctions.com (“Horani Auctions”) (collectively our “Site”), including all services we now offer or may offer in the future through the Site (our “Services”). Our Site and Services are provided by Horani Foodservice Equipment, a business operating in Miami, Florida, United States (“Horani,” “we,” “our,” or “us”). “You” or “your” refers to the user accessing and using our Site and Services, and may refer to an individual or an entity.

THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND HORANI. PLEASE READ THEM CAREFULLY. BY ACCESSING AND USING OUR SITE AND SERVICES, WHETHER AS A VISITOR OR BUYER, YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

General Services

We provide an online auction platform for the sale of restaurant and foodservice equipment. Unlike third-party marketplaces, all Listed Item(s) on our Site are owned, managed, and sold directly by Horani. We do not provide a marketplace for third-party sellers, and users may only participate as buyers (“Buyers”). All auctions are conducted by Horani, and we are a direct party to all transactions conducted through our Services. You acknowledge and agree that you are solely responsible for any actions you take in connection with bidding, purchasing, and using any Listed Item(s). We reserve the right, in our sole discretion, to monitor, modify, suspend, or cancel any auction or transaction in order to protect our Site and Services and ensure compliance with these Terms.

We are in the business of selling restaurant and foodservice equipment through auctions conducted on our Site. All Listed Item(s) are offered on an “as is” and “where is” basis unless otherwise explicitly stated. We do not guarantee the condition, quality, or performance of any Listed Item(s), and all descriptions, images, and specifications are provided for informational purposes only. Buyers are encouraged to inspect items prior to bidding where possible.

Additional Terms

When you access and use our Site and Services as a Buyer, you also agree to any additional auction-specific terms, payment policies, pickup or shipping terms, and other conditions that may be posted on specific auction listings or communicated through our Services, all of which are incorporated into these Terms by reference.

Acess of Use

While we use reasonable efforts to provide our Site and Services, we do not guarantee that they will be secure, uninterrupted, or free from bugs or viruses. You are responsible for configuring your devices, software, and internet connection to access our Services and should use appropriate security protections such as antivirus software.

You may use our Site and Services only if you can form a binding contract with us and are in compliance with these Terms and all applicable laws. Any use of our Services by persons under the age of 18 is strictly prohibited. We reserve the right to suspend or terminate your access at any time, for any reason, including violation of these Terms or non-payment.

User Accounts

If you use our Services, you must register for a user account. By registering, you represent and warrant that you will provide accurate and complete information, maintain the security of your account credentials, and not create multiple accounts or provide misleading information. You agree not to use offensive, unlawful, or deceptive usernames or content. You are responsible for all activities conducted through your account, whether authorized or not.

Accounts are non-transferable, and only you may use your account. We may verify your identity and account information using contact or payment details and may take additional steps to confirm your identity as necessary. Your account allows you to participate in auctions, view bidding history, receive notifications, and access additional features we may provide from time to time.

Auction Rules

By participating in auctions, you acknowledge and agree that all bids are binding offers to purchase. If you are the highest bidder at the close of an auction, you are legally obligated to complete the transaction. Horani reserves the right to accept, reject, cancel, or relist any auction or bid at its sole discretion.

Payments

If you are the winning bidder, you agree to complete the purchase and submit full payment within the timeframe specified. Failure to do so may result in cancellation of the transaction, penalties, suspension of your account, and restriction from future auctions. We reserve the right to charge fees or take necessary actions to recover unpaid amounts.

Shipping, Pickup and Risk

Buyers are responsible for arranging shipping or pickup unless otherwise specified. Risk of loss or damage transfers to you upon pickup or shipment. We are not responsible for any loss, damage, or delays once the item has been released.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Site, Services, and content. These rights are protected by applicable laws. You may not copy, reproduce, distribute, or otherwise use any content from our Site without our express permission.

Acceptable Usage

You may use our Services solely to browse, bid on, and purchase Listed Item(s). Any unauthorized use of our content or Services will result in immediate termination of your access.

Prohibited Uses

You must not misuse our Site or Services. This includes, but is not limited to, engaging in fraudulent bidding, attempting to manipulate auctions, scraping or extracting data, using automated tools, interfering with platform functionality, reverse engineering, or accessing restricted areas of the Site. You must not introduce viruses or malicious code or attempt to disrupt the operation of our Services.

Breach of Usage

Any violation of these Terms may result in immediate termination of your access to our Services and may also result in legal action. We may report unlawful activity to law enforcement authorities and cooperate with investigations.

Compliance With Laws

You agree to comply with all applicable local, state, and federal laws and regulations related to your use of our Services and any purchase of Listed Item(s), including safety, transportation, and operational requirements for foodservice equipment.

Taxes

You are responsible for determining and paying any applicable taxes related to your purchase, including sales tax, use tax, or import/export duties, unless otherwise stated. We do not provide tax advice.

Disclaimer; No Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITE AND SERVICES, INCLUDING ALL LISTED ITEM(S), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO GUARANTEES REGARDING THE CONDITION, PERFORMANCE, OR SUITABILITY OF ANY ITEM. WE DO NOT WARRANT THAT OUR SITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HORANI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR SERVICES OR PURCHASE OF ANY ITEM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT ITEM.

Indemnification

You agree to indemnify and hold harmless Horani from any claims, damages, or expenses arising from your breach of these Terms, misuse of the Services, or violation of any laws.

Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason at our discretion.

Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. You agree to the exclusive jurisdiction of the courts located in Miami-Dade County, Florida.

These Terms constitute the entire agreement between you and Horani regarding your use of the Site and Services. We may modify these Terms at any time by posting updated versions on our Site. Continued use of the Services constitutes acceptance of such changes. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.