Terms & Conditions

Legal notice

Makana.com is operated by Makana Technologies LTD, a company registered under Dubai International Financial Centre (DIFC) regulations, and is a sister company to Makana Machinery FZE. Our principal place of business is located in Jebel Ali Free Zone (JAFZA), Dubai, UAE. By accessing and using makana.com, you agree to comply with the applicable laws and regulations governing our operations within these jurisdictions.

Makana.com offers top-tier equipment disposition services and insightful market analytics through its software, services, and tools, facilitating learning, bidding, buying, and selling at our live auctions and direct sales events. This document outlines the terms and conditions for using our websites, participating in our auctions (both in-person and online), and utilizing our mobile and web services ("Services"). By using the Services, or by activating your account, you acknowledge and agree to these Terms of Service ("Agreement"), including the data practices outlined in our privacy policy at https://www.makana.com/privacy-policy. This Agreement is subject to change, and we'll notify you of updates. It applies to all who access or use the Services, including auction participants ("Users").

1.1 Eligibility

This agreement is between you and makana.com. Use of the Services signifies agreement to these terms. Services are available to those who can legally form contracts under applicable law and are not available to users suspended or removed from the system.

1.2 Access and use

With compliance, you may use the Services for professional and business purposes to buy or sell items, subject to this Agreement's restrictions. Personal, family, or household uses are prohibited. Rights not explicitly granted are reserved by us.

1.3 Restrictions

Services must be used as intended in Section 1.2.

• No altering, copying, or unauthorized use of the Services or our Intellectual Property.
• Automated access or data collection is prohibited.
• User Account History and Content may only be downloaded as provided by the Services.
• Do not use the Services in any illegal or harmful manner.
• Impersonation or fraudulent use is prohibited.
• Sharing passwords or circumventing access restrictions is forbidden.
• No disparagement or infringement of our rights.
• Do not imply endorsement or affiliation without our consent.
• Shill bidding or auction manipulation is prohibited.

1.4 User accounts

Accounts provide access to services we offer.

• Accounts must be used by the registered user only.
• Maintain accurate, current account information.
• You are responsible for your account's security.
• Strong passwords are recommended.
• Notify us of unauthorized account use.
• Email communications are part of the service.

1.5 User and system data

We collect data related to your use of the Services. You grant us the right to use this data as part of providing the Services.

1.6 Changes to the services

We may modify or discontinue the Services without notice. Access may be terminated for violations of this Agreement.

1.7 Disputes with other users

You are responsible for interactions with other Users. We are not liable for disputes between Users.

1.8 Export control

You must comply with all local export and import laws. Services are not available to residents of embargoed countries or those denied by the UAE.

1.9 Additional terms for auctions and bidding

Different laws apply to auctions in various jurisdictions. Separate registration and agreements are required for each auction.

These Auction-Specific Terms & Conditions apply to all Makana.com online auctions conducted by Makana Machinery FZE (“Makana”). By registering, placing a bid, or participating in any auction, the bidder confirms that they have read, understood, and accepted these Terms & Conditions in full.

1. Bidder Registration & Eligibility

1.1 Registration on Makana’s auction platform is required to participate in any auction and is free of charge.

1.2 All bidders must complete mobile number verification through the verification method provided on the platform before accessing the payment details and account activation section.

1.3 By registering on the platform, the bidder confirms that all information submitted is true, accurate, complete, and up to date.

1.4 By registering and participating in an auction, the bidder enters into a legally binding agreement to buy any lot they win.

1.5 Individuals must provide a valid Emirates ID or passport, as applicable.

1.6 Companies must provide a valid trade license, VAT certificate, and any other regulatory documents.

1.7 Makana reserves the right, at its sole discretion, to approve, reject, suspend, or terminate any bidder registration or account without prior notice or explanation.

1.8 Makana reserves the right to request additional verification documents, original identification documents, proof of payment, source of funds documentation, or any other compliance information before activating any bidder account or bidding privileges.

2. Payment Details, Security Deposit & Account Activation

2.1 A security deposit is required before a bidder is allowed to place bids or participate in any auction.

2.2 After successful mobile verification, the bidder shall select one of the following deposit methods under the “Payment Details” section:

• Cash or Cheque Deposit
• Wire Transfer Deposit
• Credit Card Deposit

2.3 Deposits in AED/USD are converted at a fixed rate of 1 USD = 3.68 AED.

2.4 The deposit amount shall serve as security for the bidder’s obligations under these Terms & Conditions.

2.5 Deposits are refundable after the auction if the bidder does not win, provided that the bidder has no outstanding amounts, defaults, disputes, or obligations due to Makana.

2.6 Deposits may be captured, charged, applied, retained, or forfeited in accordance with these Terms & Conditions if the bidder fails to complete payment after winning, refuses to complete a purchase after being declared a substitute winning bidder, breaches these Terms & Conditions, or has outstanding amounts due to Makana.

2.7 Cash or Cheque Deposit Option

2.7.1 A bidder may choose to submit the security deposit in cash or cheque.

2.7.2 To pay in person, the bidder must schedule a visit. Makana’s team will contact the bidder to confirm the required details.

2.7.3 A cheque submitted as a deposit will be used only as a security deposit and is fully refundable if the bidder does not win in the auction, subject to these Terms & Conditions and provided that no amounts are owed to Makana.

2.7.4 Bidder accounts selecting the cash or cheque option shall remain in “Pending” status and shall not be allowed to place bids, participate in auctions, or access bidding privileges until:

• The deposit is received by Makana; and
• Makana manually verifies and activates the bidder account.

2.7.5 Makana reserves the right to request original identification documents, proof of payment, source of funds documentation, or any additional documents before activating the account.

2.8 Wire Transfer Deposit Option

2.8.1 A bidder may choose to submit the security deposit through wire transfer to the bank account designated by Makana.

2.8.2 Makana’s bank account details shall be displayed on the platform for payment purposes.

2.8.3 Bidder accounts selecting the wire transfer option shall remain in “Pending” status and shall not be allowed to place bids, participate in auctions, or access bidding privileges until:

• The transferred amount is received and cleared in Makana’s bank account; and
• Makana manually verifies and activates the bidder account.

2.8.4 Makana shall have sole discretion in determining whether transferred funds have been successfully received and cleared.

2.9 Credit Card Deposit Option

2.9.1 A bidder may choose to register using a valid credit card.

2.9.2 The bidder shall provide valid credit card details through the auction platform.

2.9.3 By submitting card details, the bidder authorizes Makana and its payment service providers to perform a temporary AED 1 verification transaction solely for the purpose of confirming that the card is active and valid.

2.9.4 The AED 1 verification transaction shall be automatically reversed.

2.9.5 Upon successful card verification, the bidder account shall be automatically activated, subject to Makana’s internal review and fraud prevention procedures.

2.9.6 By using the credit card option, the bidder expressly authorizes Makana to capture or charge the bidder’s deposit amount from the registered card in accordance with these Terms & Conditions.

2.9.7 The bidder also authorizes Makana to capture, charge, apply, or retain amounts from the registered card in relation to payment default, outstanding balances, penalties, damages, or other amounts due under these Terms & Conditions.

3. Deposit Amount & Bidding Limit

3.1 Once the bidder account is activated, the bidder shall enter or confirm the desired deposit amount.

3.2 Makana may grant the bidder a bidding limit equivalent to up to ten (10) times the approved deposit amount.

3.3 Makana reserves the right to increase, reduce, suspend, or cancel any bidding limit at its sole discretion and without prior notice.

3.4 The deposit amount shall remain subject to these Terms & Conditions and may be held, adjusted, applied, forfeited, or refunded in accordance with the provisions herein.

4. Bidding Rules

4.1 All bids submitted through the platform are final, binding, and cannot be withdrawn.

4.2 Bids may be placed manually or through the Maximum Bid / Auto-Bid option.

4.3 In the event of a tie, the earliest bid takes priority.

4.4 Bidding increments apply based on the current bid value.

4.5 Auctions use a soft-close system. Late bids may extend the closing time by 2 minutes.

4.6 Makana reserves the right to reject, cancel, or void any bid where it suspects fraud, technical error, platform misuse, false information, bidding manipulation, payment default risk, or breach of these Terms & Conditions.

5. Winning Bidder Payment Obligation

5.1 The highest valid bid at auction close wins the lot, unless otherwise determined or announced by Makana.

5.2 A bidder declared as the winning bidder for any lot shall complete full payment for the purchased lot within five (5) working days from the date of auction closure or award notification, unless otherwise announced by Makana.

5.3 Accepted payment methods for winning invoices include cash, card, cheque, bank transfer, or wire transfer, subject to Makana’s approval.

5.4 If the winning bidder fails to complete payment within the required period, the bidder irrevocably authorizes Makana to capture, charge, apply, or retain the full deposit amount from the bidder’s registered card and/or security deposit.

5.5 The bidder acknowledges and agrees that the deposit amount may be forfeited as compensation for administrative costs, operational losses, re-marketing expenses, and damages resulting from the bidder’s failure to complete the purchase.

5.6 Makana reserves the right to cancel the sale, re-list the lot, offer the lot to another bidder, suspend the bidder account, suspend the bidder from future auctions, or pursue any additional remedies available under applicable law.

5.7 Failure to complete payment within the required period may result in:

• Full capture, application, retention, or forfeiture of the security deposit;
• Charging or collecting outstanding amounts from the bidder’s registered card, where applicable;
• Legal action to recover the full lot amount and any related costs;
• Suspension, restriction, or cancellation of the bidder’s account;
• Suspension or permanent ban from future auctions.

6. Second-Highest Bidder Obligation

6.1 In the event the original winning bidder fails to complete payment within the required period, Makana reserves the right to offer or award the lot to the second-highest bidder at the amount of the second-highest bidder’s final submitted bid.

6.2 Upon notification by Makana, the second-highest bidder shall become the substitute winning bidder and shall be obligated to complete payment within the period specified by Makana.

6.3 If the second-highest bidder fails or refuses to complete payment after being declared the substitute winning bidder, the bidder irrevocably authorizes Makana to capture, charge, apply, or retain the bidder’s full deposit amount initially submitted during registration.

6.4 Makana reserves the right to take any further action deemed necessary in connection with such default.

7. Machine Condition & Inspection

7.1 All items are sold “as-is where-is” with no warranties, returns, or guarantees.

7.2 Buyers are encouraged to visit the Makana showroom to inspect the equipment before bidding.

7.3 Makana may provide inspection reports, photos, videos, and machine history where available for transparency. However, Makana takes no responsibility in terms of actual operation hours or milage or to the extent of fitment of chassis number to government registration bodies.

7.4 The bidder is responsible for reviewing all available information and inspecting the item before placing a bid.

7.5 By placing a bid, the bidder confirms that they have satisfied themselves regarding the condition, specifications, location, and suitability of the lot.

8. Fees & Costs

8.1 Winning bid value is subject to published transaction fees, documentation fees, and any storage fees, if applicable.

8.2 Buyers are responsible for transportation, shipping, export, customs, clearance, and related arrangements unless agreed otherwise in writing.

8.3 All fees listed above are exclusive of VAT.

8.4 A Value Added Tax of 5% shall be applied in accordance with applicable UAE tax regulations.

9. Removal of Purchased Items

9.1 Buyers must collect purchased items within the stated collection period.

9.2 Storage fees may apply for delays beyond the allowed timeframe.

9.3 Makana may refuse release of purchased items until all outstanding amounts, documents, and requirements are completed.

10. Fraud, Misconduct & Account Restrictions

10.1 Makana reserves the right to cancel bids, suspend accounts, terminate registrations, restrict participation, or permanently ban any bidder account in cases of:

• Payment default
• Fraudulent activity
• False documentation or false information
• Payment disputes or chargebacks
• Attempts to manipulate bidding
• Abuse or misuse of the auction platform
• Breach of these Terms & Conditions
• Failure to complete verification requirements
• Suspicious or unlawful activity

11. Makana.com Rights

11.1 Makana may, at its sole discretion:

• Modify auction rules
• Adjust starting bidding prices prior to auction
• Reject or void bids
• Extend, pause, cancel, or reschedule auctions
• Request additional verification from any bidder
• Suspend or revoke bidding privileges
• Increase, reduce, suspend, or cancel bidding limits
• Withhold, apply, retain, forfeit, or refund deposits in accordance with these Terms & Conditions
• Cancel a sale, re-list a lot, or offer a lot to another bidder in case of payment default

11.2 Makana’s decision in relation to auction participation, account activation, bidding limits, bid validity, deposit handling, payment default, and auction conduct shall be final, subject to applicable UAE laws.

12. Electronic Records & Evidence

12.1 Makana’s electronic records, bidding history, payment records, communication logs, and system data shall constitute conclusive evidence regarding auction participation and bidder obligations, unless proven otherwise.

13. Governing Law

13.1 All auctions conducted by Makana.com are governed by the laws of the United Arab Emirates.

You recognize that makana.com (or our licensors) owns all intellectual property rights in the Services, including Auction Data, media content, software, and technology. This Agreement doesn't grant you any rights in our Intellectual Property beyond what's explicitly stated. You must not use, reproduce, or create derivatives from our Intellectual Property without permission.

If you submit ideas or feedback about the Services, you understand your submission is voluntary and not confidential. We may use your ideas without obligation to compensate you, and we retain the right to use similar ideas from other sources.

Bidding privileges

Registering and maintaining a User Account is free. For bidding privileges, a current, valid credit card in your name is required to evaluate your bidding limit. You must ensure all provided information is accurate and up to date. A deposit may be necessary based on our assessment before you can bid in auctions.

Payment processing

Payment services are provided through Stripe, our third-party provider. By utilizing our Services, you consent to adhere to Stripe's terms, which we may update periodically. For details, visit stripe.com.

Our Services may feature materials or links to third-party content not owned or controlled by makana.com. We do not endorse, nor are we responsible for, the content, products, or services of such third parties. Accessing third-party sites or services, including sharing your data with them, is at your own risk, and our Agreement and Privacy Statement do not extend to your interactions with these external entities. You absolve us from any liability related to your use of third-party websites, services, or content. Furthermore, any transactions or engagements with advertisers on our Services, including payments and deliveries, and any terms they offer, are strictly between you and the advertisers. We are not liable for any loss or damage arising from your interactions with these third parties.

You agree to defend, indemnify, and hold harmless makana.com, our affiliates, agents, suppliers, and licensors (along with our and their employees, contractors, agents, officers, and directors) from any claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) that arise from:

• Your use and access to the Services, including any data or content you transmit or receive;
• Any breach of this Agreement by you, including, but not limited to, your representations and warranties;
• Your infringement of any third-party rights, including privacy or intellectual property rights;
• Any violation of laws, rules, or regulations by you;
• Unauthorized use of the Services or Auction Data, or any breach of the restrictions on use as outlined in this Agreement;
• Any gross negligence or willful misconduct by you;
• Use of the Services under your account by a third party using your username, password, or security code.

The Services are offered "as is" and on an "as available" basis, with the understanding that using them is solely at your own risk. To the fullest extent allowed by law, we provide the Services without any form of warranty, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained from us or through the Services, will establish any warranty not explicitly stated in this document. We do not guarantee that the content or information you access through the Services is accurate or reliable; that the Services will meet your expectations; that access will be uninterrupted, timely, secure, or error-free; that defects will be corrected; or that the Services are free of viruses or other damaging elements. You assume all risk for any damage to your computer or mobile device or data loss by downloading content through the Services.

The exclusion of certain implied warranties is not permitted by some jurisdictions, so the above exclusions may not apply to you. This Agreement acknowledges your specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions in this Agreement are not valid to the extent prohibited by law.

To the fullest extent permitted by law, neither makana.com nor our affiliates, agents, suppliers, or licensors will be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use of, or inability to use, the Services. We are not liable for any damage, loss, or injury from unauthorized access or use of the Services or your account.

We are not responsible for:

• Content inaccuracies;
• Personal injury or property damage related to Service use;
• Unauthorized access to our servers and data;
• Service interruptions or transmission problems;
• Malware introduced by third parties;
• Content errors or losses from content use;
• User data issues or third-party conduct.

Our maximum liability for claims related to the Services will not exceed the greater of the amount you paid to makana.com or USD 50.00.

This limitation applies to all liability claims, regardless of basis, and even if we've been advised of potential damages.

Applicability of these limitations may vary by jurisdiction, and you may have additional rights. These limitations do not apply where prohibited by law.

Assignment

This Agreement and any rights or licenses granted cannot be transferred or assigned by you but may be assigned by us without restriction. Unauthorized attempts to transfer or assign will be void.

Notification procedures

Notifications may be sent to you via email, written notice, or through our website postings, at our discretion. You have the option to opt-out of certain notifications as per applicable laws and our privacy policy. We are not liable for filtering applied by your email service or network provider.

Changes to the agreement

We reserve the right to modify this Agreement. Changes will be communicated through updates to this page and notification of material changes. Continued use after changes indicates acceptance of the new terms. Disagreement with future terms means you should discontinue use of the Services.

Entire agreement/severability

This Agreement, along with any amendments and additional agreements related to the Services, forms the entire agreement between you and us. No employee or representative is authorized to alter this Agreement. Any invalid provision will not affect the remainder, which will remain in effect. English language versions govern over translations.

No waiver

Failure to enforce any part of this Agreement is not a waiver of that or any other part.

Contact

For questions about this Agreement, email us at hello@makana.com.

By submitting an offer on Makana, you confirm that the offer is genuine, authorized, and made with the intention to purchase the equipment if accepted.

To secure an offer, Makana may place a temporary authorization hold on your selected payment card for the Secure Offer Amount shown at checkout. This is not an immediate charge. If the offer is rejected, expires, or is not accepted by you after a seller counteroffer, Makana will release or cancel the hold, subject to your bank or card issuer’s processing time.

Once submitted, the seller may accept, reject, or counter the offer within 48 hours, unless Makana states otherwise. If the seller accepts the offer, or if you accept a seller counteroffer, the transaction becomes binding.

You must complete payment of the full amount due, including the accepted offer amount, Makana platform fees, documentation and handling fees, and any other applicable charges, no later than 5 calendar days from acceptance or from Makana’s payment request, whichever comes first, unless Makana confirms otherwise in writing.

If you fail to complete payment within this period, Makana reserves the right to treat this as a breach of your purchase obligation, capture the amount, release the equipment for sale to other buyers, and pursue recovery of any unpaid balance, costs, losses, fees, and legal expenses arising from your failure to complete the transaction.

Makana may cancel, reject, or suspend any offer where payment authorization fails, user information cannot be verified, fraud is suspected, or the offer breaches Makana’s Terms and Conditions.