WEB SITE TERMS & CONDITIONS OF USE
Access to and use of the Business2Sell site is provided by the operators of this website ( Business2Sell Pty Ltd ACN 142 769 579 ) ( "us" , "we" or "our" ) on the following conditions and according to any other directions or rules of use on this site ("Terms" ).
If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these terms, you should not review information or obtain services or goods from this site.
1. DISCLAIMERS, LIABILITY LIMITATION AND INDEMNITY
Use of this site is at your risk. None of us, our affiliates or any of their respective employees, agents, third party content providers or licensors:
Makes any express or implied representation or warranty about, or
Shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Your reliance on the completeness, accuracy, suitability or currency of the site, its content and other information provided via this site (including third party material and advertisements on this site, the content of support and technical material, or on sites that are linked to, this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
Accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk.
The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site.
Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
No advice given
If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site.
Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all warranties by us that otherwise would be implied in any transactions for the supply by us of products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).
Continued site availability and access
We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose or increase fees for your future access to any material appearing on this site. We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it.
Limitation of our liability (if any) to you
Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:
In the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this;
In the case of products supplied or offered by us - repair or replacement of the products, supply of equivalent products, or payment of the cost of doing this; or
The amount paid by you (if any) for accessing this site.
You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of:
- Your accessing, using or transacting on this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet);
- Any breach by you or your agents of the Terms.
Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
All payments required to be made from a transaction in connection with the Business2Sell website will be GST inclusive and will be made at the prices published on the Website and paid in the manner published on the Business2Sell website.
Pricing and Refund Policy
Changes in pricing for the service may be communicated by means including posting on the Site or via email. You will pay all sums due to the Company under this agreement by the means specified in the billing section of the Site. Payment will be transacted without any deduction, counterclaim or any other withholding of payment. Payment shall be deemed to have not been made until the Company has cleared funds in respect of the full amount outstanding. Refunds will be given at the discretion of the Company Management. Cancellation and/or termination of this Agreement by you or us will not entitle you to refund of monies paid regardless of the circumstances or reasons therefor.
Regarding The Ultimate/Grand Packages for Private Seller , we use a third party who provides us this service. If other Websites will stop showing your listings we can not be held responsible for this. If they stop showing your listings in first 7 days we will refund your money or down grade your package, ie: $500 to $150.00. After displaying your Advert for 7 days we do not get any money back so we cannot provide you refund for this Package
Private Seller Ultimate Package for Untill Sold.
Ultimate Package untill sold only applies to the physical businesses only. Any Franchise that can be sold over and over have to be renewed after 12 months.
Monthly Payments by Credit Card
By using a credit card to sign up on any monthly packages on Business2Sell you are agreeing to use this credit card as a method of payment for each monthly payment. This credit card will be setup in our system and to be charged on the same date or the next day in the case where the date does not exist in the relevant month from thereafter. This gives Business2Sell the authority to use this credit card as a form of payment each month. To cancel the payment or your account, you must inform Business2Sell about your intentions 30 days prior to the date of the next payment.
If you choose to change your method of payment you must inform Business2Sell about your intention to change your payment method and this must be approved by the accounts department before the date that the next payment is due.
To Cancel your Franchise Grand package you must give us 30 days Notice,
Failed to Make Payment on Time
- If you chose to pay By Invoice and unable to pay your invoices on Time, We hold the right to charge your Credit Card on file.
- We do not honor your account after 3 consecutive failed payments.
- If we are unable to resolve the issue, or cannot get in touch with you, we will hand over the case to a DEBT COLLECTION AGENCY
- Any fees or charges that are incurred in the Debt Collection process will be added to the amount overdue and form part of our claim.
- Once your case is handed over to the Debt Collection Agency, we will not be able to deal with you any further.
Cancellation and Services used
- You must provide 30 days prior notice for your cancellation
- If you fail to contact us in regarding cancellation, and you chose to use the service during this period, you will be invoice for the period you have used the services and you will be responsible for paying your account.
- Any any stage Business2sell is not responsible to contact you for your account continution, If you chose you try the system for 1 month, it is your duty to get back to us prior the month end and let us know that you wish to continue or cancel your account.
- If you fail to contact us on time, your monthly billing will continue. As you are using our services and getting leads from our website, we understand that you are fully aware of the service is still active and you chose to continue your account.
NO REFUNDS WILL BE GIVEN AFTER 7 DAYS OR IF HAVE RECEIVED A PHONE CLICK OR AN ENQUIRY.
Business2sell do not deliver or suppy any goods. Business2sell is a Online Advertising Services Provider. Once you pay and Finish you Advertisement Business2Sell will review your advertisement and make it live in 24 hours.
3. AFFILIATE PROGRAM
4. COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES
International copyright protection
The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries.
We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us.
Personal, non-commercial use
You are authorised to:
View content; and
Use the information included in this site in doing/using this, for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes, except where you are allowed because you have purchased our products or services.
Aside from the authorised uses outlined above, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
Creating links to this site
You are welcome to create links from your web pages to these web pages. However, you must not use our trade marks in doing so unless you have our written permission. We are happy to discuss this with you.
We can use your feedback
When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
5. TRADE MARK NOTICES
Business2Sell is Registered and Trade Marked under Australia LAW.
No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
Notice of marks
Each of our trade marks is protected in Australia and may be the subject of rights in other countries.
Other product names and images on this site may be trade marks or registered trade marks of ours, our affiliates or third parties (including advertisers and our sponsors).
The use or misuse of these trade marks, except as expressly authorised by the trade mark owner, is prohibited.
Disclaimer of association or endorsement
The use by us of another's trade mark on this site is not of itself intended to indicate any association with, or endorsement by or of, the owner of that trade mark.
6. USER CONDUCT AND INDEMNITY
Lawful use only
You must use this site only for lawful purposes.
You must not up-load, post, transmit or otherwise make available through this site any material which:
Violates or infringes the rights of others (including their privacy and publicity rights).
Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
Restricts or inhibits any other user from using or enjoying this site.
Affects the functionality or operation of this site or its servers or the functionality or operation of any users' computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).
Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
No promotional materials
You must not, without our prior written consent, up-load, post, transmit or otherwise make available through this site any material which contains promotional material, advertising or any solicitation (whether commercial or otherwise) for other products or services.
No infringement of others' proprietary rights
You must not, without the express permission of the relevant rights owner, up-load, post, transmit or otherwise make available through this site any material protected by copyright, trade mark or other proprietary rights.
Our licence to use your contributions
If you submit material to this site, you grant, or warrant that the owner of such material has granted, to us and our affiliates, third party content providers and licensors a world-wide, non-exclusive, royalty free, perpetual, irrevocable, unrestricted and fully sub-licensable right to:
. Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part;
. Use the names and images (if any) that you submit with any such material; and
. Exploit all proprietary rights (such as copyright, trade marks and service marks) in any such material, in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including promotion of us or our objectives). You consent to us and any person authorised by us doing any or all of the above despite all moral and similar rights you may have or later acquire in respect of any such material. At our request and expense, you will execute and deliver to us all such instruments and take such other actions as may be requested by us to carry out and perfect this grant of licence and consent.
Others' licence to use your contributions
If you submit material to this site, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.
Monitoring site content
If you submit material to this site, you permit us, for any reason, to:
. Monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and
. Edit, refuse to post or remove any material submitted by you.
However, we do not assume any obligation to monitor or censor materials.
We reserve the right to host moderated or unmoderated forums or other web pages to which site users can post materials ("Forums") .
We are not responsible for:
- Materials posted to Forums by third parties, whether or not we moderate those Forums;
- Materials altered by us in moderating Forums; or
- Our removal of, or failure to remove, all or any part of those materials.
Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
Disclaimer about others' materials
You acknowledge that third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
Disclaimers apply to all transactions
The disclaimers, liability limitation and indemnity above apply to all transactions effected through, or as a result of accessing, this site (including you purchasing and us suppling our products and services).
Products on linked sites
Third party web sites accessed through links on this site, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which you can accept by linking to a relevant site and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those sites.
8. PERSONAL INFORMATION AND PRIVACY
We may disclose your personal details:
To the government as required under the law; to our professional advisors to enforce these Terms; or
9. GENERAL PROVISIONS
Queensland, Australia law applies
This site (excluding any linked, third party sites) is controlled by us from Australia . Subject to any over-riding conflict of laws principle, any disputes about this site, its contents or your dealings with us must be determined by the laws in force in Queensland , Australia . You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
Site or content may be unlawful outside Australia
We do not warrant that the content of this site complies with the laws of any country outside of Australia . If you access this site from outside of Australia , you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).
You are of legal age
You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.
No offers where illegality arises
Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
These Terms have been prepared in the English language and must be construed accordingly.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, and the subject matter of this Agreement. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Business2Sell is designed and created for helping the industry and get brokers all the best we can provide. We have offered brokers a offer of Free forever in year 2005 which is not available anymore. All Brokers once upgrade their account and start paying with us cannot go back to FREE FOREVER OFFER. Business2Sell also do not Provide this Offer to any New Business Brokers. Any current Business Brokers who benifited from this offer , would not be eligable after they have received 100 enquiries from our network website.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
Copyright Infringement Notice
In order to lodge a complaint with us, please contact using the details above with the following information:
- Your name and address;
- Details of the alleged breach of copyright; and
- URL link to the alleged breach of copyright (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.