Terms of Service

Agreement to Terms

Welcome to K'Ama Direct, operated by K'Ama Auto Grp LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our vehicle auction brokerage services and website.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Service Description

K'Ama Direct provides professional vehicle auction brokerage services, including:

• Vehicle Search: Identifying vehicles at major auction houses matching your criteria
• Bid Management: Submitting and managing bids on your behalf
• Transaction Coordination: Facilitating paperwork, payment, and title transfer
• Shipping Coordination: Arranging vehicle transportation (shipping costs separate)
• Advisory Services: Providing market insights and vehicle condition assessments

Important: We act as your agent and broker. We do not own the vehicles and cannot guarantee the condition, quality, or availability of any vehicle at auction.

2. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

Identity Verification and Anti-Money Laundering Compliance

As part of our commitment to legal compliance and due diligence, K'Ama Auto Grp LLC adheres to applicable anti-money laundering (AML) regulations and best practices. To this end:

• Identity Verification: We reserve the right to request and verify government-issued identification from any customer at any time. This may include, but is not limited to, a valid driver's license, passport, or state-issued identification card.
• Proof of Address: We may also request proof of your current residential address, such as a recent utility bill, bank statement, or government correspondence.
• Source of Funds: In certain circumstances, we may request information regarding the source of funds being used for vehicle purchases, particularly for high-value transactions.
• Compliance Obligation: You agree to provide any requested identification or verification documents within a reasonable timeframe (typically 48-72 hours) when requested by us.
• Right to Refuse Service: We reserve the right to refuse service, suspend accounts, or terminate existing relationships if you fail to provide requested identification, if provided information cannot be verified, or if we have reasonable suspicion of fraudulent activity or money laundering.
• Confidentiality: All identification documents and personal information provided for verification purposes will be handled securely and in accordance with our Privacy Policy and applicable data protection laws.
• Regulatory Cooperation: We may be required to report certain transactions or activities to relevant authorities as mandated by law. By using our services, you acknowledge and consent to such reporting when legally required.

These verification requirements are not indicative of suspicion but are standard procedures designed to protect both you and K'Ama Auto Grp LLC from fraudulent activities and to ensure compliance with federal and state regulations.

3. Account Registration

To use our services, you must create an account and provide accurate, complete information. 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
• Keeping your contact information up to date

4. Service Fees and Payment Terms

Refundable Deposit

A refundable deposit is required before we begin searching for vehicles:

• Deposit amount: 10% of your stated maximum budget (minimum $1,000)
• Purpose: Secures our professional bidding services
• Refund policy: Fully refundable if no successful bid is placed
• Applied to transaction: Applied toward broker fees if a vehicle is successfully purchased

Broker Fees

Our broker fee structure is transparent and discussed before bidding:

• Fee quoted individually based on vehicle value and complexity
• Typically ranges from $350 (minimum fee) to 10% of bid amount
• Covers: vehicle search, bid management, paperwork processing, coordination
• Does NOT include: vehicle purchase price, auction fees, taxes, shipping, title transfer fees

Additional Costs

You are responsible for all vehicle-related costs, including:

• Vehicle purchase price (winning bid amount)
• Auction house fees (buyer's premium, documentation fees)
• Transportation/shipping costs
• State and local taxes
• Title transfer and registration fees
• Any inspection or reconditioning costs

Payment Methods

We accept wire transfers, certified checks, and other methods as agreed upon. Payment is due according to auction house timelines (typically 24-72 hours after winning bid).

5. Vehicle Purchase Process

Search and Notification

After receiving your request and deposit:

• We search major auction houses for matching vehicles
• We notify you of found vehicles with available information
• You review options and approve vehicles for bidding

Bidding Authorization

Before we bid:

• You provide written authorization to bid on specific vehicles
• You specify your maximum bid amount
• You understand that auction conditions can change rapidly
• Authorization may be verbal in time-sensitive situations (confirmed in writing)

Successful Purchase

When we win a bid on your behalf, you are legally obligated to complete the purchase. This obligation is binding and cannot be canceled except in cases of material misrepresentation by the auction house.

6. Your Responsibilities

As a client, you agree to:

• Provide accurate information about your vehicle requirements and budget
• Respond promptly to communications regarding found vehicles and bidding
• Make payments according to agreed timelines
• Arrange or accept our coordination of vehicle transportation
• Complete all required paperwork for title transfer and registration
• Conduct your own due diligence on any vehicle before authorizing a bid
• Honor all successful bids placed on your behalf

7. Disclaimers and Limitations

Vehicle Condition

VEHICLES ARE SOLD "AS-IS" AT AUCTION. While we strive to provide accurate information:

• We rely on auction house condition reports and disclosures
• We cannot guarantee the accuracy of mileage, condition reports, or vehicle history
• Hidden defects, mechanical issues, or undisclosed damage may exist
• You are strongly encouraged to conduct independent inspections when possible
• No warranties, express or implied, are made regarding vehicle condition

Service Limitations

We do not guarantee:

• That we will find a vehicle matching your exact criteria
• That we will win bids at your specified maximum price
• Any specific timeline for finding or purchasing a vehicle
• The availability of any particular vehicle at auction

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the broker fees you paid
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for auction house errors, delays, or misrepresentations
• We are not liable for vehicle defects discovered after purchase
• We are not responsible for shipping damage or delays

8. Cancellation and Refunds

Before Bidding

You may cancel your request at any time before we place a bid. Your deposit will be fully refunded within 5-7 business days.

After Winning Bid

Once we successfully bid on a vehicle on your behalf, the purchase is binding and cannot be canceled except in cases of material misrepresentation by the auction house (as determined by the auction house's arbitration policy).

Service Termination by Us

We reserve the right to terminate service and refund your deposit if we determine we cannot effectively serve your needs or if you breach these Terms.

9. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of K'Ama Auto Grp LLC or its licensors and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our express written permission.

10. Prohibited Uses

You agree not to:

• Use our services for any illegal purpose or in violation of any laws
• Attempt to interfere with the proper functioning of our website or services
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users without permission
• Use automated systems to access our services without authorization
• Engage in fraudulent activities or provide false information

11. Dispute Resolution

Informal Resolution

If you have a dispute with us, please contact us first at info@kamaautogrp.org to attempt an informal resolution.

Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

12. Indemnification

You agree to indemnify, defend, and hold harmless K'Ama Auto Grp LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any vehicle purchased through our services after delivery to you

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and K'Ama Auto Grp LLC regarding our services and supersede all prior agreements and understandings, whether written or oral.

16. Contact Information

If you have questions about these Terms, please contact us: