Terms and Conditions

PLEASE READ THE FOLLOWING TERMS CAREFULLY
This website is operated by Professional Publishers Pty Ltd ABN 87 094 164 271 t/as Australian Business For Sale® ("AB4S") under the domain name www.businessforsale.com.au ("the website") and other co-branded versions of the site.

These terms and conditions, together with the Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the website, govern your use of and access to the website and all its associated services. By accessing, browsing and/or using the website you will be deemed to have agreed to these Terms.

AB4S may vary these Terms and Conditions at any time. In the event that AB4S varies these Terms, it will provide notice by publishing the varied Terms on the website. Your subsequent or continued use of the website will constitute your acceptance of any changes, and accept that by doing this, AB4S has provided you with sufficient notice of the variation.

If you object to any changes to the Conditions, your only course of action is to immediately discontinue accessing, browsing and/or using the website.

These terms and conditions of use were last updated on 20 May 2010.

MEMBERSHIP
To access or use certain parts of the website, you must register as a member.

When registering as a member, you must provide AB4S with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

You must not register as a member multiple times.

You must not impersonate or create a membership for any person other than yourself.

AB4S may at any time request a form of identification to verify your identity.

To become a registered user, you must provide a password and a login name. You must ensure the security and confidentiality of your password and login name. You are wholly responsible for any and all activities that occur under your login name. You agree to immediately notify AB4S of any unauthorized use of your login name or any other breach of security known to you. You must not permit your membership details to be used by or transferred to any other person.

You may change your password at any time by following the instructions. You may also change your login by contacting customer service. You may also delete services attached to your registration at your convenience.

AB4S reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the website, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

MEMBERS’ RESPONSIBILITIES
You must not:

1. use the website in breach of any applicable laws or regulations;


2. use the website (or AB4S content obtained from the website):
   • to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
   • to impersonate any person or entity;
   • to solicit money, passwords or personal information from any person;
   • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
   • for any unlawful purpose;


3. use the website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any content that:
   • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
   • contains, promotes, or provides information about unlawful activities or conduct;
   • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including content that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
   • exploits another person in any manner;
   • contains nudity, excessive violence, or sexual acts or references;
   • includes an image or personal information of another person or persons unless you have their consent;
   • poses or creates a privacy or security risk to any person;
   • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
   • contains large amounts of untargeted, unwanted or repetitive content;
   • contains restricted or password only access pages, or hidden content;
   • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
   • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
   • contains financial, legal, medical or other professional advice;


4. interfere with, disrupt, or create an undue burden on the website;


5. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the website;


6. use the website with the assistance of any automated scripting tool or software;


7. frame or mirror any part of the website without our prior written authorisation;


8. use code or other devices containing any reference to the website to direct other persons to any other web page;


9. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so; or


10. delete any attributions or legal or proprietary notices on the website.

MEMBERS’ MATERIAL
By uploading, transmitting, posting or otherwise making available any Material via the website, you:

1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;


2. except where expressly stated otherwise, also grant each user of the website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;


3. warrant that you have the right to grant the abovementioned licences;


4. warrant that the Material does not breach the Conditions; and


5. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

AB4S reserve the right (but have no obligation) to:

• review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
• monitor use of the website, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

AB4S are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the website simply by facilitating others to post, transmit or other make Material available.

DISCLAIMER
All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, AB4S provides no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete.

AB4S will not be liable for any damages whatsoever whether in an action in contract, negligence or other tort, arising out of or in connection with access to the website or the information and material contained in it. All warranties of any kind are excluded to the maximum extent permitted by law.

Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. The material provided on the website is provided as general information only. It is not intended as professional advice and must not be relied upon as such.

Prior to entering into a transaction or taking any particular course of action in connection with the website, you should make your own inquiries and seek independent advice tailored to your specific circumstances and objectives.

AB4S makes no guarantee as to the usefulness of the material and information on the website, nor any of the products and services promoted on it or via linked websites.

ISSUES OF COPYRIGHT & INTELLECTUAL PROPERTY
You may use the website for personal and non-commercial purposes only. Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the website.

You acknowledge that the AB4S website, special technology used in connection with the website, AB4S's services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the website ("AB4S content") are provided by AB4S or third-party providers and are the copyright works of AB4S and/or third parties that have licensed this work to AB4S.
 
Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part unless expressly authorised in writing by AB4S or the relevant third party owner. The copies must contain any copyright or other proprietary rights notices that are contained in the original source AB4S content. The copies must not be modified.

In particular, you may not use any Material on the website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Under the Copyright Act 1968 and related amendments you are limited as to the amount of material that you may download, print, copy and/or cut and paste from the website. It is your responsibility to ensure that you do not infringe any applicable law.

You acknowledge that AB4S and/or third-party providers remain the owners of the AB4S content and that you do not acquire any intellectual property rights in the AB4S content.

AB4Sis a trade mark of Professional Publishers Pty Ltd. The AB4S name and other related trade marks including the AB4S logo that appears throughout the website are trade marks of AB4S or our related third parties ("Trade Marks"). Nothing displayed on the website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the website  without the express written consent of the relevant owner.

ACCESS
AB4S will use all reasonable endeavours to ensure that the website is available continuously, but does not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.

You agree and understand that AB4S may prevent, restrict or suspend without notice, your access to the website for any technical, security and or any other reasons at its absolute discretion.

AB4S will advise you as soon as practicable of any restrictions imposed on your access to the website.

APPLICABLE LAW
The use of the website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and their respective courts of appeal and to the Federal Court of Australia sitting in New South Wales.

NO WARRANTIES OR REPRESENTATIONS
You use the website at your sole risk.

AB4S does not exclude any rights or remedies available to you under the Trade Practices Act (Cth) or equivalent State legislation that cannot be excluded or restricted by it when contracting with you.

To the extent permissible by law, AB4S makes no warranty or representation (express or implied) regarding the quality, accuracy, reliability, currency, performance, completeness or fitness for purpose of any part of the website or any of the AB4S content.

AB4S does not represent or warrant (expressly or impliedly) that the website or any of the AB4S content, or the facilities that make the website and the AB4S content available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the website or any AB4S content will be uninterrupted.

To the maximum extent permitted by law, AB4S is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from the use of the website or any of the AB4S content.

To the maximum extent permissible by law, AB4S 's liability for breach of any implied warranty or conditions that cannot be excluded by law is restricted, at AB4S 's option, to:
* the re-supply of the relevant goods or services; or
* the cost of the re-supply of the relevant goods or services; or
* any amount paid by you to AB4S in respect of the relevant goods or services.
In no circumstances will AB4S be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the website.

PRICES AND PAYMENTS
Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the website at any time without providing notice to you.

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

All payments to be made to AB4S must be in AUD and must be inclusive of GST. A payment to be made to AB4S must always be made in accordance with AB4S ‘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 or AB4S content will be delayed until correct payment is made.

All prices quoted on the website are subject to change without notice. You should confirm the price of a product or service before placing an order for it.

REFUNDS POLICY
Please choose carefully. Our services begin once payment has been received, at which point a REFUND will not normally be available.

We don’t normally give refunds if you simply change your mind or make a wrong decision.

PRIVACY
By using this website, you agree to AB4S 's Privacy Policy.  View  Privacy Policy

RESERVATION OF RIGHTS
Any rights not expressly granted to you herein are reserved by AB4S.

SECURITY
When using the World Wide Web, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of AB4S.

You assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the website via such media.

SEVERABILITY
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

WE DO NOT GUARANTEE ...

1. CONTINUED AVAILABILITY OF OPPORTUNITIES
AB4S gives no guarantee to you of the continued availability of any particular business, or business opportunity advertised on the website and will not be liable to you should an advertiser have sold or filled the opportunity at any time prior to removal of the advertisement from the website.

Whilst AB4S takes efforts to ensure that businesses advertised are for actual business or opportunities, it gives no guarantee to you that every advertisement represents an actual business or business opportunity.

2. LINKS TO EXTERNAL WEBSITES
The website contains downloadable materials and links to third party websites (“External Websites”).

AB4S is not responsible for, and has no control over, the content of downloadable materials or External Websites.

Third party links and pointers are included solely for your convenience. Links to External Websites do not constitute endorsement, sponsorship or approval by AB4S of the content, policies or practices of those External Websites. You agree that by accessing any External Websites you do so at entirely at your own risk.

From time to time, AB4S may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. AB4S does not accept any responsibility in connection with your participation in activities conducted by any third party.

You understand that AB4S cannot and does not guarantee, warrant or represent 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 other code or defects that manifest contaminating or destructive properties.

AB4S will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any External Websites.

DEFINITIONS
For the purposes of this agreement the words

• “AB4S Content” means the AB4S website, special technology used in connection with the website, AB4S's services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the website;


• "Conditions"  means these terms and conditions, together with the Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the website;


• “External Websites” means any downloadable materials and links to third party websites;


• "Material" means text, illustrations, photos, audio, video, any combination of these or other material;


• " AB4S ", "We", "Our" and "Us" refer to Professional Publishers Pty Ltd; and


• "Website" refers to materials delivered on www.businessforsale.com.au and other co-branded versions of the site.