Grant of Rights
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.
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 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.
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.
Restrictions Governing the Use of the Service
As a condition of your use of the Service, you shall not:
- 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;
- 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;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- use Service in any manner that could damage, disable, overburden, or impair the Service;
- 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;
- take any action that imposes an unreasonable or disproportionately large load on the Service or our infrastructure;
- 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;
- interfere with any other party's use of the Service or the rbauction.com web site;
- use the Service in such a way as to gain unauthorized access to the computer systems of others;
- 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
- 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
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
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.
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.
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
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).
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.
If to RBA: Notices must be sent by email to email@example.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.
Forum for Disputes
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 Third-Party Beneficiaries
Last Revised: June 12, 2017