Terms of Use


Effective: 1 April, 2025

The following terms and conditions (these “Terms of Use”) constitute an agreement between you and RITCHIE BROS. AUCTIONEERS PTY LTD . ACN 080 895 898 d/b/a IAA Australia of 1/57 Burnside Rd, Yatala QLD 4207 (“IAA," "we," or, "us”) regarding use of and access to IAA’s websites (including the www. iaai.com.au website), apps and programs and the services and content available via such offerings (collectively, the “Service”). BY ACCESSING, BROWSING AND/OR USING THIS SERVICE, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIO NS PROVIDED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE AND EXIT IMMEDIATELY.

IAA reserves the right to make changes at any time to the Service and these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Service following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use. If you do not accept a change made to these Terms of Use, you must immediately cease using the Service. These Terms of Use apply from the date set out as the Effective Date at the top.

NOTE: Additional terms and conditions apply if you are a Registered IAA Buyer. See your Buyer's Agreement and Auction Rules for further information. Also, specific areas or portions of this Service may include additional or different terms relating to the use of such areas or portions or the rights or obligations of you or IAA. In the event of a conflict between such terms and these Terms of Use, such Buyer terms and specific terms shall control.

Ownership of Content, Copyrights and Trademarks

All content on this Service, including, but not limited to, all photos, images, videos, text, data and data compilations, graphics, works of authorship, software, design, logos and button icons (collectively, “Service Content”); any improvements or modifications to such Service Content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such Service Content, are the property of IAA, its affiliates, business partners and/or l icensors and are protected by U nited States and international copyright and other intellectual property laws.

The mark “IAA,” the IAA logo and other marks that may be displayed on the Service are the proprietary service marks or trademarks of IAA or other third parties. IAA’s marks may not be used in connection with any product or service that is not IAA’s, in any manner that is likely to cause confusion among consumers, or to unlawfully disparage or unlawfully discredit IAA. All trademarks and service marks not owned by IAA that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IAA.

Except as expressly provided herein, nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret, trade name, company name or other proprietary right of IAA or any oth er individual or entity.

Registration

To obtain access to certain services and features, you will be given an opportunity to register with the Service (your “Account”). As part of the registration process, you will be provided with a Login ID, password and, if applicable, Buyer Number. You agree that the information you supply during that registration process will be accurate and complete and that you will not registe r under the name of, nor attempt to access the Service under the name of, another person or entity. If IAA has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current or incomplete, IAA has the right to suspend or terminate your Account and refuse any and all current or future use of the Service or other products and features (or any portion thereof). You are responsible for maintaining the confidentiality of your Login ID, password and Buyer Number, and for all activities that occur under your Account. If you discover or suspect any unauthorized use of your Login ID, password or Buyer Number or any other breach of security of your Account, you agree to immediately notify IAA's Online Customer Support Helpdesk at cservice@iaa.com. IAA is not responsible for any loss or damage to the extent caused by your failure to protect or to keep confidential your Login ID, password or Buyer Number in breach of these Terms of Use.

Permitted Use and Restrictions

The Service includes various types of Service Content, as well as links to third party websites or content. You may download, view, copy and print information, materials and any other aspect of this Service (i) solely for your personal, informational purpo ses; (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered and (iii) and so long as you do not store any significant portion of, or distribute copies or make derivatives of, Service Content, i n any form (including electronic means), without prior written permission from IAA. You agree you will not, in any way, modify, move, add to, delete, manipulate or otherwise tamper with the Service Content, nor will you decompile, reverse engineer, disasse mble or unlawfully use the Service or Service Content or portions thereof, nor will you assist any person or entity in any way in these activities.

You agree you will not interfere, in any way, with others’ use of or access to the Service and will not attempt to gain unauthorized access to the computer system of IAA or any other Service user, including any use or attempted use by you of another person 's password and account information. In addition, you agree not to provide to IAA any false information, or to otherwise take any other action in connection with your use of the Service which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws, rules and regulations in your use of the Service.

You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy, mine, extract, screen scrape or use the Service, or any portion thereof (including inform ation regarding vehicles offered at auction or the results of any auction). You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Service.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, download, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or com mercially exploit in any way the Service or Service Content any portion thereof, without the prior written permission of IAA or its licensors.

Unauthorized Use of the Service

You agree not to access or attempt to access any password -protected portions of the Service without an authorized Login ID or password. IAA reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Service i ncluding any use or attempted use by you of another person's password and account information in breach of these Terms of Use . Our delay in making a decision to or not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of IAA.

Further, IAA reserves the right to deny access to the Service, or any content or feature provided via the Service, to anyone who violates this Terms of Use or any other applicable terms and conditions of use of the Service or portions thereof or who, in ou r judgment, interferes with the ability of others to enjoy this Service, or infringes the rights of others.

Links to Third Party Sites or Services

The Service may include links to the websites, content or services operated, controlled or produced by third parties (‘Third Party Websites’). IAA is not responsible for any content on Third Party Websites . IAA does not control and is not responsible or liable for the content, products or services available on Third Party Websites . The existence of links from the Service to Third Party Websites is solely for your convenience and should not be construed as an endorsement of any of the content, products or services on such websites or as implying an association between IAA and the operators thereof. By using these Third Party Websites you may be agreeing to their terms of use and privacy policies. IAA makes no representations about the quality or accuracy of content or services available on Third Party Websites or that content on Third Party Websites does not infringe the intellectual property rights. Your use of Third Party Websites is at your own risk and you should investigate and assess the risk for yourself.

Privacy

The terms of IAA’s Privacy Policy (available at here) , are hereby incorporated as part of these Terms of Use. Specific areas or portions of this Service may include additional or different terms relating to the use of personal information collected from such areas or portions.

User Content

Certain features or areas of the Service may allow you to upload certain information or content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “User Content”). You acknowledge that you are responsible for the User Content you submit through the Service, and that you, and not IAA, will bear full responsibility for each item of User Content submitted by you , including its legality, reliability, appropriateness, originality and copyrig ht. Except where otherwise expressly provided by IAA or IAA’s applicable privacy policies, you agree that all such User Content is PROVIDED ON A NON -CONFIDENTIAL BASIS with no obligation on our part to use or keep such information secret. You retain all ownership rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly represented to you by IAA, you agree that by submitting any User Content to IAA on or through the Service, y ou hereby grant to IAA a non - exclusive, perpetual, irrevocable, transferrable, worldwide, unrestricted, sublicenseable, royalty - free right and license to reproduce, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you warrant that all of your "moral rights" in your uploaded User Content have been waived and you consent to our infringement of such moral rights, such as for attribution or non -derogatory treatment of copyright works.

Where we have made settings available to you to restrict use of your User Content, we will honor the choices you make about who can see it.

You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right; (ii) is defamatory, libelous, harassing, express es hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation including privacy laws.

IAA does not endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or material placed on the Service by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of IAA. IAA reserves the right in its sole discretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Service.

Disclaimer of Warranties and Limitation of Liability

To the extent that you acquire the Services from IAA as a ‘consumer’ as that term is defined in section 3 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the ““Australian Consumer Law ”), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law or any other statute wher e to do so would contravene that statute or cause any term of th ese Terms to be void.

Subject to the above clause and your statutory rights under the Australian Consumer Law and except to the extent that the loss, damage, liability, claim or expense that you may suffer due to your use of this website or any information on it is caused by our mistake, fraud, negligence or wilful misconduct , to the maximum extent permitted by the applicable law:

  • YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SERVICE, IS AT YOUR OWN RISK, AND THAT ALL SUCH ACCESS AND ITEMS ARE PROVIDED ON AN “A S IS” AND “AS AVAILABLE” BASIS;
  • IAA DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OR MATERIALS ON OR ACCESSED VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE;
  • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IAA DOES NOT REPRESENT OR WARRANT OR GUARANTEE THAT:
    • (I) ANY OF THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT,
    • (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE OR SERVICE CONTENT WILL BE ACCURATE OR RELIABLE;
    • (III) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS ; OR
    • (IV) ANY ERRORS IN THIS SERVICE OR SERVICE CONTENT WILL BE CORRECTED. FURTHER, IAA DOES NOT MAKE ANY WARRANTIES REGARDING THE TIMELINESS, AVAILABILITY, DELETION, MIS -DELIVERY OR FAILURE OF THIS SERVICE, THE INTERNET, COMPUTER HARDWARE OR SOFTWARE, OR ANY INTERNET ACCESS PROVIDER, TO SEND OR RECEIVE ANY ELECTRONIC TRANSMISSION. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, IAA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; and

IN NO EVENT SHALL IAA OR ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “IAA PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITE, SERVICES OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. This does not affect IAA’s liability for any fraudulent misrepresentation, or any other liability which cannot be excluded or limited under Australian law.

Indemnification

EXCLUDING ANY LIABILITY, LOSS OR COSTS TO THE EXTENT THAT IT IS OUTSIDE OF YOUR CONTROL OR CAUSED BY OUR MISTAKE, FRAUD, NEGLIGENCE OR WILFUL MISCONDUCT, YOU AGREE TO INDEMNIFY AND HOLD THE IAA PARTIES HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DISBURSEMENTS AND COURT COSTS) INCURRED BY ANY OF THE IAA PARTIES CAUSED BY:

  • (I) YOUR VIOLATION OF THESE TERMS OF USE;
  • (II) ANY NEGLIGENT OR FRAUDULENT ACT, ERROR OR OMISSION BY YOU; AND/OR
  • (III) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY.

ON PRIOR NOTICE TO YOU, WE RESERVE THE RIGHT TO ASSUME AT YOUR REASONABLE EXPENSE THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

Modification or Discontinuance of the Service by the Company

You may stop using the Service at any time for any reason.

At any time, without notice to you, and for any or no reason, IAA may modify or discontinue the Service or any other content or features provided therein without compensation to you

Denial of Access

IAA may prohibit you from using or accessing the Service or any content or features available thereon or the Service Content for any or no reason, at any time, in its sole discretion, without notice to you.

Governing Law and Submission to Arbitration

The laws of the State of Victoria, Australia will govern these Terms of Use, without giving effect to any principles of conflicts of laws. By using the Services, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute relating to the Services. You are responsible for your compliance with all laws and regulations applicable to your location. You agree that any action arising out of the Terms of Use or your use of the Service shall be submitted to and resolved only by binding arbitration instead of litigation. Both parties agree to share equally in the entire cost of conducting the arbitration, including the fees of the Arbitrator. The Federal Arbitration Act and federal arbitration law apply to arbitration under this Agreement. The parties agree that a party will bring all claims in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither party will be entitled to join or consolidate claims in arbitration. The arbitration shall be held only in Cook County, Illinois. Except as expressly provided herein, the arbitration shall be conducted in accordance with applicable rules and procedures established by the American Arbitration Association. One arbitrator shall be appointed in accordance with the Arbitration Rules (the “Arbitrator”). Any result reached by the Arbitrator shall be final and binding on all parties to the arbitration, and no appeal may be taken. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered thereupon by any court having jurisdiction.

Miscellaneous

Unless otherwise stated, materials and content on this Service are presented solely for promoting features, products and services in Australia . Information published on this Service may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this Service are available or appropriate in your country or region.

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. IAA’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless IAA agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use, and other terms and conditions within the Service, set forth the entire understanding between you and IAA with respect to the use of the Service and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and IAA with respect to such subject matter. For the purposes of clarify, nothing in these Terms of Use shall control, limit or override any Auction Rules or terms and conditions that apply if you are a Registered IAA Buyer.

Any notices or acknowledgements that are specified in these Terms of Use may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

Remedies

Unless provided to the contrary in this document, the rights and powers under this document are in addition to, and do not exclude or limit, any right or power provided by law or equity

Contact

If you have any questions relating to these Terms of Use, the Service or IAA, please contact: cservice@iaai.com.

Notice and Procedure for Making Claims of Intellectual Property Infringement

IAA respects the intellectual property rights of others. If you believe that any content available via this Service may infringe your copyrights or other intellectual property rights, please provide IAA the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;

A description of the intellectual property right that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Service;

Your address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

IAA’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Service can be reached as follows:

Intellectual Property Agent

Insurance Auto Auctions, Inc.
Two Westbrook Corporate Center,
10th Floor,
Westchester, IL 60154.
Phone: 877-937-4243 or 630-686-4097.
Fax: 630-382-5628.
Email: cservice@iaai.com

Please note that this procedure is exclusively for notifying IAA that your intellectual property rights have been infringed. Please be advised that IAA enforces a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.