These Account Terms and Conditions ("Terms of Use") govern your access to and use of the services through your rbauction.com member account and related Apps (as defined below) (collectively, the "Service"). The Terms of Use are an agreement made by and between you and Ritchie Bros. Auctioneers (Canada) Ltd.  References to "RBA" herein mean Ritchie Bros. Auctioneers (Canada) Ltd. If you are entering into the Terms of Use on behalf of a company or other legal entity, you represent and warrant that you are authorized and lawfully able to bind such entity to the Terms of Use, in which case the term "you" shall refer to such entity.

RBA may, at its discretion, update the Terms of Use at any time. You can access and review the most current version of the Terms of Use at the URL for this page or by clicking on the "link identified as "Terms and Conditions" or "Terms of Use" made available within the Service.

PLEASE REVIEW THE TERMS OF USE CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.

As used in the Terms of Use, "you" are an individual acting on your own behalf, or an agent of a person or entity that has authorized you to act on their behalf; "we" and "us" mean RBA.

Privacy Statement

In addition to the Terms of Use, the Privacy Statement posted on the Service governs your access to and use of the Service ("Privacy Statement"). The terms of the Privacy Statement are incorporated by reference into the Terms of Use. You are encouraged to periodically review the Privacy Statement.

Grant of Rights

Subject to your compliance with the Terms of Use in all material respects, RBA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to: (i) access and view pages from the Service for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only.

To the extent that the Service provides access to any software, applications, modules or other similar components, then, subject to your compliance with the Terms of Use in all material respects, RBA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by RBA and only for your personal, non-commercial purposes.

RBA makes available mobile apps for access to and use of certain components of the Service (the "Apps"). Your access to and use of such mobile apps is subject to the applicable end user license agreement for each App. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by RBA.

RBA reserves the right, in its sole discretion, to allow or deny access to the Service to any party.

Registration

RBA offers users of the Service the opportunity to sign up for a free member account at rbauction.com. Account holders can:

  • Create multiple accounts under your user profile
  • Add items to a personal Watchlist and save inventory searches
  • Create and submit applications for financing
  • Check historic auction results from Ritchie Bros. auctions
  • Bid online in real time at Ritchie Bros. auctions (after registering to bid at the auction)
  • Receive timely email updates about auction dates and new services offered at rbauction.com

You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RBA reasonably suspects that you have done so, RBA may suspend or terminate your account.

You can add and manage all your accounts by accessing your user profile after sign-in.  If you add additional accounts under your user profile after your initial registration, you hereby acknowledge that those accounts will be governed by these Terms of Use.

You are fully responsible for all activities that occur under any of your accounts. You may not share your username or password with anyone. You agree to notify RBA immediately of any unauthorized use of your username or password or any other similar breach of security.

Cost

There are no fees or costs associated with signing up for or maintaining a member account at rbauction.com. Users may be required to post a deposit prior to placing bids online in any RBA auction.

Rights to Content

You acknowledge and agree that RBA and its licensors own all rights, title and interest (including, but not limited to, intellectual property rights) in the Service and all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other material accessible through the Service ("Content") and other materials within the Service.

Except as expressly permitted by the Terms of Use, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content; (ii) frame or utilize any framing technique to enclose any Content; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or (iv) access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by RBA. RBA reserves all rights not expressly granted to you.

Restrictions Governing the Use of the Service

As a condition of your use of the Service, you shall not:

  1. upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
  2. impersonate any person or entity, including, but not limited to, RBA personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  4. use the Service in any way that violates any local, state, provincial, federal, national or international law or regulation or that is prohibited by the Terms of Use;
  5. use Service in any manner that could damage, disable, overburden, or impair the Service;
  6. use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Service, the rbauction.com web site or any RBA auction;
  7. take any action that imposes an unreasonable or disproportionately large load on the Service or our infrastructure;
  8. interfere with or disrupt any computer networks involved in the provision of the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  9. interfere with any other party's use of the Service or the rbauction.com web site;
  10. use the Service in such a way as to gain unauthorized access to the computer systems of others;
  11. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
  12. use spiders, crawlers, robots or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service, or otherwise engage in any data-mining activities using the Service or in any commercial use of the information obtained through the Service.

Registration to Participate in an Auction

RBA and its affiliates hold auctions in numerous jurisdictions around the world and different laws and regulations are applicable to each of our auctions. Therefore, in addition to creating a member account to access and use the Service, you will be required to register separately for each RBA auction in which you wish to place bids online.  You will also be required to enter a separate bidder registration agreement for each auction (each a "Bidder Registration Agreement") with a local RBA entity as the contract counterparty, and hereby acknowledge and accept any specific auction site requirements, terms and conditions made available to you prior to bidding ("Auction Event Specific Notifications"). Successful registration for one auction does not guarantee registration for any other auction. RBA and its affiliates reserve the right to refuse to register any person for any auction. It is important that you familiarize yourself with the terms of the relevant Bidder Registration Agreement. Where the terms of the Bidder Registration Agreement conflict with the Terms of Use, the Bidder Registration Agreement shall prevail unless specifically stated otherwise.

Upon your use of the Service to register for an auction, you will be assigned a buyer identification number that will identify you whenever you place bids online at that auction (your "Online Bidding Number"). You are responsible for all activities that occur using your Online Bidding Number.

General Eligibility for Access to and Use of Online Bidding Services

By accepting the Terms of Use, you warrant that: (i) you are of legal age and possess the legal capacity to participate in RBA auctions; (ii) you are eligible to participate in Ritchie Bros. auctions under all laws and regulations applicable to you in your jurisdiction; (iii) you will be financially responsible for your use of the Online Bidding Number; and (iv) you will be responsible for any usage by minors or any other party of any Online Bidding Number under your name or account.

Online Bidding during an Auction

Bids for a particular item may be made on a live basis using your Online Bidding Number, as explained in detail elsewhere within the Service.

BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON.

RBA CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA ONLINE BIDDING SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DISCRETION TO ACCEPT OR REFUSE ANY BID.

All bids must be submitted in the relevant auction currency as identified within the Service. All bids are exclusive of all applicable taxes, customs duties, registration fees, shipping, rigging, or other preparation and transportation costs and insurance. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing winning bids through the Service will be notified by email provided in their Registration Data.

All forms of shill bidding, including collusion, bid manipulation and bidding on lots that you, or a party that is affiliated with you, have consigned to the auction is strictly forbidden. You may not make a bid under a false name or as agent for a person who would himself or herself be prohibited from placing a bid on a particular lot.

Bidder Information

"Bidder Information" includes any information you provide to RBA or its affiliates when you register to use the Service including Registration Data, when you register to participate in a particular Ritchie Bros. auction, bid in any Ritchie Bros. auction or communicate with RBA or its affiliates via phone, fax or email as part of your use of the Service. You are solely responsible for the accuracy, completeness and truthfulness of your Bidder Information. RBA reserves the right to take any action with respect to Bidder Information if RBA reasonably believes such information violates the Terms of Use or is restricted or prohibited by law.  By submitting Bidder Information to RBA, you agree that RBA may collect, use and/or disclose such information, including any personal information, for the purposes described in our Privacy Statement.

Auction Data

You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit at any time any data or audio/video content transmitted to you during a live auction (collectively, "Auction Data"). RBA and its licensors own all right, title and interest in and to all Auction Data, including all intellectual property rights therein and thereto.

No Professional Advice

Any information supplied by any employee or agent of RBA or its affiliates, in any form whatsoever, is intended solely as general guidance on the use of the Service and the buying and selling of lots at Ritchie Bros. auctions.

All Content is provided for informational purposes only. By no means is any Content intended to substitute for the advice that may be provided to you by a professional. If you need specific advice (e.g., engineering, scientific, risk management, appraisal, valuation, legal), please seek a professional who is licensed or knowledgeable in that area. You are solely responsible for selecting the appropriate equipment for your needs.

Suggestions

If you elect to provide or make available to RBA any suggestions, comments, ideas, improvements or other feedback relating to the Service ("Suggestions"), RBA shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.

Dealings with Other Third Party Partners

Your dealings with our third party partners, who market, sell, provide or offer to sell or provide any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third-party partner. You agree that RBA shall not be liable for any loss or damage of any kind incurred as a result of any such dealings. Notwithstanding anything to the contrary in this paragraph, the terms and conditions of the Bidder Registration Agreement and Auction Event Specific Notifications shall apply with respect to your participation in RBA auctions.

Links and External Materials

The Service may provide links to other websites or resources. You acknowledge and agree that RBA does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources ("External Materials"). The External Materials are subject to different terms of use and privacy policies which you are responsible for reviewing. You further acknowledge and agree that RBA shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.

Modifications to the Service

RBA reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that RBA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).

Termination

Without limiting any other remedies, RBA reserves the right, at its sole discretion, to revoke your access to Service at any time and without notice, for any reason, including, without limitation, if we (i) conclude you have engaged in activity unacceptable to RBA in connection with our site or access to or use of the Service, or (ii) determine you are in breach of the Terms of Use.

In the event that you violate the Terms of Use, all rights granted to you under the Terms of Use shall be terminated immediately, with or without notice. Upon termination for any reason, RBA, in its sole discretion, may remove and discard your member account profile. The provisions of the Terms of Use that should by their nature survive termination of the Terms of Use shall survive such termination.

Indemnification

You agree to indemnify, defend and hold RBA and its affiliates, and each of their officers, directors, employees, agents, partners, licensors, successors and assigns (collectively, "RBA Parties") harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the Terms of Use or any law or regulation; or (c) violation of any rights of another party.

Disclaimers

You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and RBA Parties cannot and do not guarantee continuous, uninterrupted or secure access to the Service. You agree to hold RBA Parties harmless for any interruptions in the Service, or your inability to reach or effectively use the Service.

THE SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RBA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

RBA PARTIES DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS WILL: (A) BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; OR (B) MEET YOUR REQUIREMENTS.  RBA PARTIES FURTHER DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RESULTS, INCLUDING THE ACCURAY OR RELIABILITY OF SUCH RESULTS, THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS.

IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RBA PARTIES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.

You acknowledge and agree that any information, data or other materials that you obtain from or through the Service, whether provided by RBA Parties or others, may contain errors or be inaccurate or incomplete. It is solely your responsibility to confirm the accuracy, completeness and reliability of any such information, data or other materials.

Limitation of Liability

IN NO EVENT SHALL RBA PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES AND OTHER SUCH DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF RBA PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL RBA PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RESULTING FROM: (A) THE FAILURE OF ANY INFORMATION OR DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY FASHION; (B) THE INTERRUPTION OF ANY DATA TRANSMISSION; (3) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO THE SERVICE; OR (4) THE USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL THE RBA PARTIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS AND CONDITIONS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED CAD$50.  THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Notices

If to RBA: Notices must be sent by email to info@rbauction.com and by certified mail to Ritchie Bros. Auctioneers, attention: Legal Affairs; 9500 Glenlyon Parkway, Burnaby, BC, Canada, V5J 0C6 or such other address as may be designated from time to time.

If to you: Notices under this Agreement will be given by email to the email address provided to RBA during your registration, or as subsequently amended by you, within the Service. Notice shall be deemed given 24 hours after the email is sent. If your email address changes, you are responsible for notifying RBA of such change by updating your member account profile within the Service.

Governing Law

The Terms of Use and any dispute or claim arising out of or relating in any way to the Terms of Use or your access to or use of the Service, including, but not limited to, the validity, applicability or interpretation of the Terms of Use, shall be governed by and construed and enforced in accordance with the laws of British Columbia and the laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the country in which you reside apply, in which case the laws of such jurisdiction will apply. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Use.

Forum for Disputes

Any dispute or claim arising out of or relating in any way to the Terms of Use or your access to or use of the Service, including, but not limited to, the validity, applicability or interpretation of the Terms of Use, shall be brought only in a court of competent jurisdiction in New Westminster, British Columbia, Canada.  You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding.

Class Action Waiver

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, You agree and understand that you will not bring against RBA, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class, CONSOLIDATED OR REPRESENTATIVE action related to your access to, dealings with, or use of our Service, AND ANY SUCH CLAIM WILL BE RESOLDED ONLY ON AN INDIVIDUAL BASIS.

No Waiver

The failure of RBA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

Language

It is the express wish of the parties that the Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. Where RBA has provided any translation of the English language version of these Terms of Use, such translation is provided for your convenience only. To the extent there is any inconsistency between the English language version and any such translation, the English language version shall govern.

General

Unless otherwise specified herein, the Terms of Use constitute the entire agreement between you and RBA concerning your access to and use of the Service and it supersedes all prior or contemporaneous oral or written negotiations and agreements between you and RBA with respect to such subject matter. If any provision of the Terms of Use is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms of Use. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Last Revised: June 12, 2017