Terms & Conditions : DIY Broking

TERMS AND CONDITIONS

Profit Advantage Pty Limited trades as Macarthur Business Brokers ABN 27 106 178 358 of 6 King Street, Campbelltown in the State of New South Wales.

INTRODUCTION

a) Macarthur Business Brokers offers marketing and advertising for sellers/vendors and prospective purchasers by way of a Monthly Marketing & Administration Retainer.

b) All marketing and advertising is via Macarthur Business Brokers website and other Marketing and Advertising as per the Marketing & Advertising Package which varies as the Marketing Mix changes.

c) Macarthur Business Brokers does not act on behalf of the seller/vendor/or purchaser as a Brokers or agent.

d) A marketing, advertising & administration retainer will be paid for the use of the website services.

e) The website will assist sellers/vendors to advertise the sale of their business, goods or services.

f) Macarthur Business Brokers does not warrant the accuracy of any materials provided for advertising and marketing purposes and purchasers should rely upon their own investigations, inquiries and due diligence.

g) Macarthur Business Brokers does not accept any responsibility or liability for any claims, costs, damages, expenses or losses that may arise out of marketing and advertising services.

h) The material provided in marketing and advertising is provided as general information only.

i) Macarthur Business Brokers recommend that any prospective purchaser of a business seeks professional advice before commencing to purchase a business.

j) Macarthur Business Brokers allows sellers/vendors to advertise and market their businesses or goods for sale without having had any input into the materials as advertised and is provided as general information only and in good faith.

k) Macarthur Business Brokers do not guarantee that any business opportunity advertised on the website is available and will not be liable to any prospective purchaser should an advertiser already have sold the business as advertised or marketed prior to removal of the advertisement from the website.

l) Marketing and advertising will not be limited to the website of Macarthur Business Brokers, but will include a range of media service and or third party providers.

m) The advertising and marketing mix will vary from time to time at the absolute discretion of Macarthur Business Brokers.

n) As a Buyer if you use the Contact form to make an inquiry Macarthur Business Broker may contact you in the future about other businesses for sale unless you opt out of this opportunity.

o) Once an advertisement has been approved (or amended) for placement it is locked for future changes. Any changes to an advertisement will be charged at a fixed fee as outlined in our Terms & Conditions.

ACCEPTANCE OF TERMS AND CONDITIONS

1. By providing registration material 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 should discontinue accessing, browsing and/or using the website.

2. These Terms and Conditions may be amended at any time. The amended conditions will be effective from the date of posting onto the website.

3. By buying, selling or generally using the website you agree to be bound by the Terms and Conditions as set out herein.

4. The website has been created to allow potential purchasers of businesses to contact sellers/vendors. All inquiries will be forwarded to the seller/vendor and Macarthur Business Brokers will collect Buyer details to promote a range of other businesses for sale.

5. The website is not to be used by persons or third parties for any other purpose.

6. Macarthur Business Brokers maintains a website which will allow the advertising of businesses and business opportunities, including but not limited to :-

i) Businesses for sale or wanted

ii) Business Investment Opportunities

iii) Franchise opportunities

iv) Business or parts of businesses under Appointment of a Registered Insolvency Practitioner.

7. Macarthur Business Brokers collects your personal information to assist it in providing the service you have requested.

8. All persons or entities submitting advertising materials warrant the accuracy of the details and indemnify Macarthur Business Brokers as to all claims, suits or losses that may be included as a result.

9. Macarthur Business Brokers reserves the right to alter, omit or change classifications or advertisements and where every care is exercised, is not responsible for misclassifications or non insertions.

10. No adjustment will be made for errors unless attention is drawn to them on the first day of Publication

11. All purchasers agree to be bound by these terms and conditions. If a purchaser does not agree to be bound by these terms and conditions you should not contact the seller/vendor through the website or by any other means.

12. Macarthur Business Brokers encourages all purchasers to thoroughly investigate any business the purchaser is interested in purchasing and recommends professional assistance in assessing the business including Solicitors, Accountants and other professionals.

13. The purchaser and seller/vendor indemnify Macarthur Business Brokers, associated companies, directors, staff and agents against any claims, suits, losses demands, expenses or damages however arising whether directly, indirectly or as a consequence of using the website.

14. Macarthur Business Brokers reserve the right to vary the marketing and advertising retainer from time to time. The retainer for use of the website will be as stated on the website.

15. Macarthur Business Brokers does not warrant that a sale will be achieved by use of the website, but offers the ability to market & advertise.

16. If the website is used for advertising and marketing purposes by an agent, broker or as intermediary Macarthur Business Brokers must be informed prior to the placement of any advertisement upon the website and such agent, broker or intermediary must warrant he or she is authorized to act on behalf of the seller/vendor.

17. Macarthur Business Brokers only provides a method to sellers/vendors to promote their businesses and does not value or inspect the business.

18. Macarthur Business Brokers reserved the right to restrict access to the website for any technical security or any other reason in its absolute discretion.

19. These terms may be varied at any time. Notice of any variation of the terms will be published on the website. This shall be deemed to be sufficient notice.

20. The website may contain links and pointers to external website which are indicated for your convenience and does not constitute endorsement, sponsorship or approval by Macarthur Business Brokers as to the policies, content or practices of the external websites.

21. Accessing of any external website is at your own risk and Macarthur Business Brokers will not be liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use or reliance of materials contained on or accessed via an external website.

22. The term of the Advertising & Marketing shall be since 4 months from the date of this Agreement unless terminated earlier by the Advertiser. If terminated earlier by the Advertiser there will be no refund of unexpired retainers and a Cancelation Fee of being the balance of $660 less any Monthly Retainers paid (or any outstanding unpaid subscription amounts) will be charged.

23. These Terms and Conditions as displayed on the website sets out the whole of the agreement.

24. Should it be found that any part of these Terms and Conditions is unenforceable, the enforceability of the other Terms and Conditions shall not be effected.

25. This is initially a 4 Month Agreement from the date of Signing and thereafter continues on a month-to-month basis with 1 Month’s Notice required to close.

26. Changes to advertisements must be provided in writing and are subject to a $11 administration charge.

27. If this Agreement is canceled before the expiry of the initial 4 month term then a Cancelation Fee of $660 less any payments made in the first 4 months will be charged.

28. Macarthur Business brokers reserves the right to immediately cancel an agreement if it falls into arrears and apply the Cancelation Fee accordingly.

29. The Terms and Conditions shall be subject to the Laws of the State of New South Wales, Australia.

30. I agree to electronic transmission of this agreement in accordance with the Electronic Transmissions Act, for signing purposes or otherwise as far as such means of communications have been indicated in the document (ie: facsimile, email address or electronic signatures).