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WEBSITE GENERAL TERMS OF USE »

WEBSITE GENERAL TERMS OF USE

This website is operated by BusinessSales.com.au Pty Ltd ACN 658 947 301 (‘Website Owner’, ‘we’ ‘us’ and ‘our’) under the domain name www.BusinessSales.com.au (‘Website’). Access to and use of this Website, and the products and services available through this Website (‘Services’) are subject to the following terms, conditions and notices (‘Terms of Use’). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. If you do not wish to be bound by these Terms of Use, then you must discontinue accessing, browsing or using the Website and its Services.

The Terms of Use are entered into between any party accessing the Website, whether as a guest or registered user and the Website Owner.

 

Amendments to Terms of Use

BusinessSales.com.au reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

 

Website

Access to this Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of this Website.

 

User Contributions

The Website may contain message boards, chatrooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (‘Interactive Services’) that allow users to post, submit, publish, display or transmit to other users or other persons (‘Post’) content or materials (‘User Contributions’) on or through the Website.

All User Contributions must comply with the Content Standards (see below) set out in these Terms of Use.

Any User Contributions you Post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us, our affiliates, service providers and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the rights granted above to us, our affiliates, service providers and each of their and our respective licensees, successors and assigns; and
  • All your User Contributions do, and will, comply with these Terms of Use.

 

 

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our www.BusinessSales.com.au/privacy policies;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person or misrepresent your identity or affiliation with any person or organisation;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

 

Third Parties Importing Information as User Contributions

Certain features of the Website may allow you to import information from third-party tools and applications (for example Stripe, Google Analytics, XERO, MYOB) and display such information to certain users or visitors of the Website. Such imported information is also considered User Contributions and shall be subject to the Terms of Use concerning User Contributions.

You acknowledge and agree that, by accessing the Website and/or signing into your account (as the case may be) with such third-party tools and applications, you are granting us access to information in your account with such third parties, authorising us to import certain information from such third parties to the Website as User Contributions and displaying such information to certain users and visitors of the Website who have been authorised to access such imported information.

 

Responsibilities of the Website

BusinessSales.come.au is an online platform that connects sellers and buyers of businesses. It does not itself buy or sell any of the businesses listed on the Website. The Website is not responsible for, and does not provide, any advice or counsel regarding legal, accounting, financial, or related services of any kind. We are not a real estate or business broker and any support or assistance is general in nature.

 

Responsibilities of the User

Buying or selling a business requires investigation, due diligence and consideration. When using the Website or engaging in our Services, as a seller or otherwise, you are solely responsible for all information you share, transmit or discuss as part of a listing, including being the legal owner or authorised person. This includes, but is not limited to, the accuracy and confidentiality of any information provided.

When using the Website or engaging in our Services, as a buyer or otherwise, you are solely responsible for researching and sourcing the appropriate independent advice before undertaking a purchase of a business. We do not take any responsibility for any purchases whatsoever, including without limitation, any purchases that do not result in a profit. The Website does not provide any kind of advice or guidance of any kind. We do not warrant the accuracy of any data contained in any market reporting or market data and you rely on your own enquires in relation to any information or data on the Website.

You acknowledge and agree that you are responsible for any User Contributions that you submit or contribute and you, not the  Website Owner, have full responsibility for such content, including but not limited to its legality, reliability, accuracy and appropriateness. We do not accept any responsibility or liability to or for any users of the Website or third-parties for the content or accuracy of any User Contributions.

Any agreements formed between a buyer and seller are solely between the buyer and seller. We are not a party to any agreements or any transaction and accept no responsibility in relation to any agreements reached between buyers or sellers whatsoever.

 

No Guarantee or Business Opportunity

We give no guarantee to you of the continued availability of any business opportunity listed on the Website and will not be liable to you should any listing no longer be available prior to removal of the listing from the Website.

Whilst we take efforts to ensure that businesses listed are available for sale, we provide no guarantee to you that any listing represents an actual business opportunity.

 

Access

You agree and understand that we may prevent or restrict your access to the Website for any technical, security and/or any other reasons at our absolute discretion. We will advise you as soon as practicable of any restrictions imposed on your access to the Website. You are responsible for ensuring that you have any required access to the website and any persons or entities using your internet connection are aware of these Terms of Use and comply with them.

 

Linked Sites

This Website may contain links to other websites (‘Linked Sites’) which are not operated by the Website Owner. The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for, and have no control over, the content of downloadable materials or external websites.

As part of the Terms of Use, you accept that we cannot, and do not guarantee, warrant or represent (expressly or impliedly) that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan horses or any other code or defects that manifest contaminating or destructive properties.

Your use of the Linked Sites will be subject to the Terms of Use and service contained within that Linked Site.

 

Privacy Policy

Our Privacy Policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the  Privacy Policy and warrant that all data provided by you is accurate. 

 

Prohibitions

(a) You must not misuse this Website and may only use it for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Commit or encourage a criminal offense or commit any acts that in any way violate any applicable federal, state, local or international law or regulation;
  • Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • Hack into any aspect of the Service; corrupt data; cause annoyance to other users;
  • Infringe upon the rights of any other person’s proprietary rights;
  • Send any unsolicited advertising or promotional material, commonly referred to as “spam”;
  • Attempt to affect the performance or functionality of any computer facilities of, or accessed through, this Website;
  • Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation to, by using email addresses or screen names associated with any of the foregoing);
  • Use any scraping process, data mining or other method to extract, aggregate or combine any information or data on the Website;
  • Decompile, disassemble, reverse engineer or otherwise attempt to discover any part of the source code, algorithms, methods or processes embodied in or used, in connection with the Website or the Services, underlying infrastructure of other software;
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorised in these Terms, without our prior written consent;
  • Attack the website via a denial-of-service attack or a disrupted denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the website.

 

Breaching this provision would constitute a breach of these Terms if Use and we reserve the right to report any such breach to the relevant law enforcement authorities.

(b) We will not be liable for any loss or damage caused by a disrupted denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Linked Sites.

 

Monitoring, Enforcement and Termination

We reserve the right to:

  • Remove or refuse to post any User Contributions for any reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Website Owner;
  • Subject to our Privacy Policy and as permitted by law, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website; and
  • Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms of Use.

However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we accept no liability or responsibility for any action or inaction regarding transmissions, communications or content provided by any user or third party. We accept no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

By accepting these Terms of Use, you waive and hold us harmless from any claims resulting from any action taken by any of the foregoing parties during, or as a result of, its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of the Website Owner (either by way of licence, direct ownership by the Website Owner or authorised use by relevant third-party owners) and are protected by copyright laws and treaties around the world. All such rights are reserved by the Website Owner. You may store, print and display the content supplied solely for your own personal, non-commercial or educational use only. The copies must contain any copyright or other proprietary rights notices that are contained in the original source. The copies must not be modified.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise unless written consent is given by the Website Owner or any relevant third-party owner. This includes the BusinessSales.com.au name and other related trademarks (such as the BusinessSales.com.au logo).


Disclaimer of Liability

(a) Subject to any non-excludable consumer guarantees and other consumer protected provisions set out in the Australian Consumer Law, the Services and material displayed on this Website are provided without any guarantees, conditions, warranties or representations (express or implied) as to their accuracy, reliability, currency, performance, completeness, or fitness for purpose of any part of the Website or any of the BusinessSales.com.au content.

(b) To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This extends to any damages caused by any defects, errors or computer viruses that might arise during your access to the Website or any Linked Sites.

(c) This does not affect the Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to Ownership of Trademarks, Images of Personalities and Third-Party Copyright

Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and Services and is in no way an assertion that such products or Services are endorsed by or connected to the Website Owner.

 

Indemnity

You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents and affiliates from any and all third-party claims, liability, damages or costs (including but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use except to the extent that such liability, damage or costs are caused by the negligence of the Website Owner.

 

Variation

To the extent permitted by law, the Website Owner reserves the right, in its absolute discretion, at any time and without notice to amend, remove or vary the Services or any page of this Website.

 

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

 

Prices and Payments

All prices quoted on the website are quoted in Australian Dollars (“AUD”) and are inclusive of GST.

All payments to be made to the Website Owner must be in AUD and must be inclusive of GST. A payment to be made to the Website Owner must always be made in accordance with the Website Owner’s payment terms that apply to that payment.

Payments that are received in a currency other than AUD will not be accepted and any attempted registration by you in respect of the Website content will be delayed until correct payment is made.

Until the Contract for Sale is complete between the buyer and the seller, prices are subject to change without notice and negotiation between the seller and the buyer.

Any prices on the Website charged by the Website Owner are subject to change at the Website Owner’s discretion. Any prices charged by the Website Owner on the website will be valid only until they have changed on the Website.

 

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please email a notice of copyright infringement to our email address.

 

Security

When accessing the World Wide Web, the Internet or any third-party networks or facilities, you are using networks, facilities and services that are beyond the control of the Website Owner. You assume all risk and liability in using these services, including any access to the Website via such media.

 

User Accessibility to Membership

To become a registered user, you must provide a password and a login name. You are responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are responsible for all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting customer service. You may also delete services attached to your registration at your convenience.

You must immediately notify the Website Owner of any unauthorised use of your login name or any other breach of security known to you.

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