Acceptable Use Policy

Terms of Use for Members with Subscriptions
INTRODUCTION

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.

This Acceptable Use Policy applies to your use of the website and all associated services provided to you by AB4S ("the Service").

These Terms of Use for Members with Subscriptions ("Terms"), together with the Terms and Conditions, Subscription Policy, 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. If you do not wish to be bound by these Terms you must discontinue accessing, browsing and/or using the website.

VARIATION OF THESE TERMS OF USE

AB4S may vary these Terms 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 Terms, your only course of action is to immediately discontinue accessing, browsing and/or using the website.

This Acceptable Use Policy was last updated on 13th May 2015.

YOUR OBLIGATIONS

You must comply with the provisions of this Acceptable Use Policy.

You must:

  • Only use the Service for the purposes for which it was designed and offered (see ACCEPTABLE USE clause); and
  • Not use the Service for any other purpose, including any purpose stated in this Acceptable Use Policy as being not acceptable (see WHAT IS NOT ACCEPTABLE USE? clause).
  • Use the Service in a responsible manner, taking into account the effects your use of the Service may have on other users of the Service and the website.

ACCEPTABLE USE

It is acceptable to use the Service for the bona fide listing of a business opportunity on behalf of the person entitled to offer the business opportunity and in accordance with the terms of this Acceptable Use Policy.

It is acceptable to list a business opportunity for which you have the appropriate agency agreement or authority to sell as required in your State or Territory.

WHAT IS NOT ACCEPTABLE USE?

It is not acceptable use of the service to engage in any of the following practices, or to allow anyone else to engage in the following practices:

  • Listing anything other than businesses for sale or business opportunities. Each listing uploaded by you must be a bona fide business or business opportunity
  • Placing irrelevant information in an information, description or picture field. You must only use the information, description or picture fields for inserting information that is intended for those fields for the purpose of providing information about a business or business opportunity.
  • Using street names, suburbs or location names that are inaccurate or not officially recognised by Google Maps.
  • Each listing uploaded by you must be a bona fide listing of a business or business opportunity. It is not acceptable to advertise a business or business opportunity that does not exist.
  • Creating more than one listing for the same business or business opportunity. For example: listing a single business or business opportunity more than once, but with different prices, is not acceptable. A genuine listing of business opportunities at multiple locations is not considered a duplicate listing.
  • Removing and then re-listing the same business or business opportunity in order for the listing to appear as a new listing.
  • List more than 5 listings for businesses or business opportunities at the same street address. Using the same titles, images or descriptions for each of these listings is not acceptable.
  • Submitting animated "gif" files through the Service for display as a logo on the website. For example: submitting an animated logo for display is not acceptable. You also must ensure that the graphic file submitted by you for your logo is no larger than 100K in memory size.
  • Submitting a logo for display on the website, where that logo contains your contact details (for example, your phone number).
  • Listing a business or business opportunity that you have not been authorised to market for sale.
  • Using the Service in way that is impersonating another person or persons.
  • Reselling the Service or its contents to any other person. If you are listing a business or business opportunity you must be representing the vendor in the sale of that business or business opportunity.
  • Using the Service to advertise businesses or business opportunities for an Agent or Business Broker that is not subscribed to the Service. Each Agent or Business Broker's physical office location must be subscribed to the Service in order to upload listings. Each listing uploaded to the site must be uploaded using the subscription applicable to the office which has the vendor or owner authority.
  • Using the Service to advertise businesses or business opportunities in a State or Territory in which you do not hold the appropriate licence or authority.
  • Publishing advertisements with the Service that contain a reference to a third party. Advertisements must only refer a viewer to an Agent or Business Broker who has a current subscription to this Service.
  • Using the Service or providing any content in a way that does or is likely to mislead and deceive the public users of the website. This is the case regardless of what content is considered misleading or deceptive. For example, it is unacceptable to state "price reduced" if that is not the case.
  • Failing to mark a listing as "sold", or remove that listing from the website, once the sale of the business or business opportunity has been finalised.
  • Failing to mark a listing as "under contract", or remove that listing from the website, once a contract has been entered into for the sale of a business or business opportunity.
  • Changing the status of a listing to "sold" for display on the website where you are not the selling agent.
  • Rules relating to Video Content

a. Any Video uploaded to the business listing page must advertise that business for sale or business opportunity and should focus predominantly on that business. Videos used to advertise yourself, your Agency, or Brokerage may only be uploaded to if that service has been purchased as part of your Subscription.

b. You must not use the Video Functionality in a way that is likely to mislead or deceive users of the website.

c. You must adhere to the technical requirements for embedded property videos communicated to you from time to time.

d. You must not use the Video Functionality for any unlawful, illegal, malicious or improper purpose. For example it is not acceptable to display images or include commentary that:

1. may defame or discredit another person or business;

2. may disclose private, personal or confidential information;

3. might be considered obscene, offensive, menacing or abusive;

4. might infringe the intellectual property rights of others; or

5. may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.

6. The general Acceptable Use rules apply to images and sounds in Videos.

  • Using the Service for any unlawful, illegal, malicious or improper purpose is not acceptable. For example: it is not acceptable, in your use of the Service, to display material that:

a. may defame or discredit any person or business;

b. may disclose private, personal or confidential information;

c. might be considered obscene, offensive, menacing or abusive;

d. might infringe the intellectual property rights of others; or

e. may violate any law, regulation, standard, content requirements or code made by any relevant authority or industry body.

BREACHING THIS POLICY

  • If you use the Service in way that breaches this Acceptable Use Policy, you are in breach of your Agreement with us for your use of the Service.
  • Breaching this Acceptable Use Policy may result in us taking action to remedy the breach. This might include: suspending your subscription; deleting a specific listing, not permitting the listing to be uploaded to the site in the first place or any other action that we are permitted to take under our Agreement with you and according to law.
  • Where we suspend or delete listings or listings are prevented from being uploaded due to a breach or attempted breach by you of this Acceptable Use Policy, you will remain liable for your subscription obligations, including any fees and charges which may accrue, during the period of suspension and/or in relation to the listings deleted by us.