Effective date:3 July 2026  · Last updated: 3 July 2026

These Terms & Conditions (“Terms”) constitute a legally binding electronic contract under the Information Technology Act, 2000 and the Indian Contract Act, 1872 between Navodayan Proptech Private Limited (CIN: U68100DL2024PTC433778) operating under the brand XpertAuction(the “Company”, “we”, “us”, “our”) and every natural or juridical person (“User”, “you”, “bidder”) that accesses www.xpertauction.com, the XpertAuction mobile application, or any related service (collectively the “Platform”).

Read these Terms carefully. By ticking the acceptance check-box during registration, by placing a bid, by depositing Earnest Money, or by any other use of the Platform, you affirm that you have read and unconditionally accept these Terms, the Privacy Policy and the Refund Policy which are incorporated by reference. If you do not agree, do not use the Platform.

1. What the Platform Is — and Is Not

The Platform is a technology intermediarythat aggregates e-auction listings notified by client banks, non-banking financial companies, asset reconstruction companies, housing finance companies, co-operative banks and other financial institutions (collectively the “Client(s)”) and provides you the digital rails to view listings, submit KYC, deposit Earnest Money, e-sign the tender form, and participate in the live bidding window.

The Company is NOT:

• a bank, non-banking financial company, ARC, auctioneer, or seller of the assets listed on the Platform;
• an owner, custodian or possessor of the auctioned assets;
• a party to the sale contract that arises between the successful bidder and the Client on issuance of the sale certificate under the SARFAESI Rules;
• a legal advisor, tax advisor, real-estate agent, or financial advisor;
• a guarantor of clear title, encumbrance status, physical possession, correct measurement or any other attribute of any listed asset.

2. All Auctions Follow the Sale Notice & Tender Terms

Every auction on the Platform is governed by the sale notice, public notice, and tender terms & conditions issued by the Client under the SARFAESI Act, 2002, the Security Interest (Enforcement) Rules, 2002, the Insolvency and Bankruptcy Code, 2016 (as applicable), or such other statute under which the sale is conducted. In the event of any conflict between these Terms and the Client's sale notice / tender terms, the Client's terms shall prevail. You are solely responsible for reading and understanding the Client's terms before participating.

3. Eligibility

• You must be at least eighteen (18) years of age, of sound mind, and competent to contract under the Indian Contract Act, 1872.
• You must not be under any disability, court order, or regulatory restraint that prevents you from acquiring property in India.
• You must not be a person of Indian origin, non-resident Indian, or foreign national ineligible to acquire the listed asset under the Foreign Exchange Management Act, 1999 or FDI Policy without prior approval.
• You must not be a related party to the borrower, guarantor, or Client officer of the concerned auction where the Client's terms prohibit such participation.

4. Account Registration & KYC

You warrant that all information submitted — name, PAN, Aadhaar (masked), address, contact details, financial details and uploaded KYC documents — is true, accurate, current and complete. Submission of false, forged or misleading information may attract penalties under the Indian Penal Code, 1860, the Information Technology Act, 2000, the Prevention of Money Laundering Act, 2002 and other applicable law. We may suspend or terminate your account and forfeit your EMD (subject to Client rules) on discovering any such misrepresentation.

You are solely responsible for maintaining the confidentiality of your login credentials. All actions taken through your account are conclusively deemed to have been taken by you.

5. Earnest Money Deposit (EMD), Bid Amount and Payments

EMD, bid amounts, sale consideration, stamp duty, registration fee, statutory dues and any other consideration payable in respect of an auction are payable directly to the Client's designated bank account (or via the wallet route which transfers funds to the Client's nodal account). The Company does not hold, control, invest, or benefit from any such funds at any stage.

Zero-cash policy: The Company does not accept any fee, consideration, gratuity or reimbursement from bidders in cash, in kind, or otherwise, at any stage of the registration, KYC, bidding, sale or post-sale process. We have not authorised any employee, agent, franchisee, sub- contractor, associate, representative or any third person to collect any amount from any bidder or prospective bidder in the name of the Company. Any person who solicits, demands, receives or promises any such payment is acting outside the scope of the Company's authority, and the Company shall not be liable for any such conduct.

If anyone approaches you claiming to be from XpertAuction and demands cash or off-platform payment, please do not pay and immediately report the incident to us at report-fraud@xpertauction.com or +91 99991 05933. We will co-operate with law-enforcement authorities to investigate such reports.

6. No Warranty on the Auctioned Asset

All listings are provided on an “AS-IS”, “WHERE-IS”, “WHATEVER-THERE-IS” and “NO-RECOURSE” basis, in line with the Client's sale notice. The Company makes no warranty or representation, express or implied, in respect of the title, ownership, area, boundary, encumbrance status, tenancy, litigation, physical or vacant possession, or fitness for any purpose of the listed asset. You are advised to conduct independent due diligence — including on-site inspection, encumbrance-certificate search, revenue-record check and legal opinion — before submitting an EMD or bid.

7. Bid Discipline & Anti-Manipulation

• A bid, once submitted, is irrevocable and constitutes an offer that binds the bidder until closure of the auction.
• You will not collude with any other bidder, submit coordinated bids, place any sham bid, or engage in any conduct that suppresses competition. Such conduct may invite action under the Competition Act, 2002.
• You will not use any bot, script, automated tool, or unauthorised interface to interact with the Platform.
• You will not attempt to circumvent, disable, or reverse- engineer any security feature.
• You will not defame, harass, threaten or intimidate any other user, Client officer, or Company employee.

8. The Company Is Not a Party to Disputes

Any dispute concerning the auctioned asset, its title, possession, encumbrance, timeline, EMD refund, sale certificate, occupancy, tenant eviction, or any other matter arising out of or in connection with the auction is a dispute between (i) the bidder and (ii) the Client and such other parties as the Client may involve (borrower, guarantor, occupant, statutory authority). The Company is merely a technology intermediary and shall not be joined, impleaded or arraigned as a party, respondent, defendant, non-applicant, proforma respondent, or co-noticee in any proceeding — whether before the Debts Recovery Tribunal, the Debts Recovery Appellate Tribunal, the National Company Law Tribunal, any civil court, criminal court, consumer forum, arbitral tribunal, or writ court. In the event you nonetheless proceed to implead the Company, you shall indemnify us in accordance with Section 12.

9. Disclaimer of Warranties

The Platform is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, freedom from errors, viruses, data corruption or delays. We do not guarantee that any auction will result in a sale, that any bid you submit will be accepted, or that any sale certificate will be issued.

10. Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company, its directors, officers, employees, agents or affiliates be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, business, goodwill, opportunity, data, or use, whether framed in contract, tort (including negligence), strict liability or any other legal theory, even if we have been advised of the possibility of such damages. The aggregate liability of the Company to any User under or in connection with these Terms shall not exceed the greater of (a) the total amount actually paid by such User to the Company (excluding EMD, bid amount and sums paid to the Client) in the three (3) months preceding the event giving rise to the claim, or (b) INR 1,000 (Indian Rupees One Thousand).

11. Force Majeure

We shall not be liable for any failure or delay in performance caused by any event beyond our reasonable control, including but not limited to acts of God, natural disaster, war, riot, act of terrorism, epidemic or pandemic, government action, regulatory order, court order, cyber- attack, denial-of-service attack, failure of internet backbones, failure of payment gateways, failure of identity verification partners, or extended power or connectivity outage.

12. Indemnity

You agree to defend, indemnify and hold harmless the Company, its directors, officers, employees, agents and affiliates against any claim, demand, action, damages, loss, penalty, interest, cost or expense (including reasonable legal fees) arising out of or in connection with (i) your breach of these Terms, the Privacy Policy or applicable law; (ii) your submission of false, forged or misleading information; (iii) any bid, EMD, sale consideration or other transaction with a Client; (iv) any action or omission of the Client, borrower, guarantor, occupant or any third party in relation to the auction; (v) any impleadment of the Company as a party in any proceeding, in violation of Section 8.

13. Intellectual Property

All content on the Platform — source code, design, logos, trademarks (including “XpertAuction” and “XpertARC”), listings, aggregation, workflows and derived data — is the exclusive intellectual property of the Company or its licensors. You may not copy, scrape, mirror, modify, distribute, or create derivative works from any part of the Platform without prior written consent. Any unauthorised use will attract action under the Copyright Act, 1957, the Trade Marks Act, 1999 and the Information Technology Act, 2000.

14. Suspension & Termination

We may, at our sole discretion, suspend or terminate your account without prior notice for suspected fraud, misrepresentation, unlawful use, breach of these Terms, or Client instructions. Termination does not affect (a) any bid, EMD, tender or sale then in force, which shall continue to be governed by the Client's terms, or (b) any obligation of yours under Sections 8, 10, 12, 13 or 15.

15. Governing Law, Arbitration & Jurisdiction

These Terms are governed by the laws of India. Any dispute, controversy or claim arising out of or in connection with these Terms, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by the Company. The seat and venue of arbitration shall be New Delhi, India, the language shall be English, and the award shall be final and binding on the parties. Subject to the arbitration clause, the courts at New Delhi shall have exclusive jurisdiction.

Nothing in this clause prevents the Company from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

16. Notices

Notices to the Company shall be in writing and delivered to legal@xpertauction.com with a copy to eauctions@xpertauction.com. Notices to you may be sent by email to your registered email address, by SMS to your registered mobile number, by in-app or push notification, or by WhatsApp Business template. Notices are deemed delivered on the date sent.

17. Miscellaneous

• Severability: if any provision of these Terms is held unenforceable, the remaining provisions continue in full force.
• No waiver: failure to enforce any right is not a waiver of that or any other right.
• No assignment: you may not assign your rights or obligations without our prior written consent; we may freely assign to any affiliate or successor.
• Entire agreement: these Terms, the Privacy Policy and the Refund Policy constitute the entire agreement between you and the Company on the subject-matter and supersede any prior communications.
• Language: the English version prevails in case of any translation discrepancy.

18. Contact

Questions on these Terms → legal@xpertauction.com  ·  General support → eauctions@xpertauction.com  ·  Fraud alerts → report-fraud@xpertauction.com  ·  Phone → +91 99991 05933.