Terms and Conditions of Website Use Terms and Conditions of Trade

Before using this website you should carefully read the following terms and conditions which govern the use of this website. If you do not agree to these terms and conditions please do not use this website.

Furthermore, if you wish to buy or sell businesses via this website, you will have to agree to be bound by the additional Buyer's Terms and/or Seller's Terms.

This website has been set up so that businesses and franchises can be advertised for sale via the Internet. We provide an advertising service only.

You should only contact a party advertising on this website if you have a genuine interest in purchasing the business being offered, You should not contact any person for any other purpose such as offering your or any third party’s goods or services or otherwise seeking to solicit in any other way.

1. The Website

1.1 This website (www.listabusiness.com.au) is owned and operated by the proprietors of Listabusiness ABN 21 763 924 922 (Listabusiness.com.au, we, us or our). In these terms and conditions, users of this website or the services provided through this website are referred to as you or your.

1.2While we use reasonable endeavours to ensure that the website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, and secure or error free. Your access to the website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

2. Disclaimer

2.1 However, we make no warranties or representations as to its accuracy of information provided by Listabusiness.com.au or by any advertiser. We assume no liability or responsibility for any errors or omissions in any statement or information on this website.

2.2 ListaBusiness.com.au accepts no responsibility for any loss or damage you may suffer as a result of your use of this website unless that loss is a direct result of some fraud or serious misconduct by us.

2.3 We do not conduct any investigations or due diligence into any parties advertising on this website and we can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users based on any information, opinions or advice contained within this website. In addition, any advertisements on the website do not constitute a binding offer so that acceptance by the user can bind the party advertising on the website or ListaBusiness.com.au.

3. Personal Information

3.1 From time to time, we collect personal information from visitors to this website to assist us providing quality products and services. The collection, use and storage of all personal information is done strictly in accordance with our Privacy Policy. We may collect and store the following personal information, your name, email address, physical address, telephone numbers, and (depending on the service used), your business information, financial information, such as credit / payment card details or bank account numbers; transactional information based on your activities on the site; information that you disclose in correspondence through our site, and correspondence sent to us; other information from your interaction with our site, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information; other supplemental information from third parties (for example, if you incur a debt to ListaBusiness.com.au, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law; or if the information you provide cannot be verified, we may ask you to send us additional information, or to answer additional questions online to help verify your information).

4. Hypertext Links and Cookies

4.1Where this website is hypertext linked to any website operated by any third party ListaBusiness.com.au accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such website. The presence of a hypertext link on our website is not, and shall not be deemed to be, a recommendation or endorsement of such website by us.

5. Intellectual Property Rights

5.1 All intellectual property rights contained on this website, including any trademarks used on the website and copyright in any material contained on the website or rights in any data are owned by or licensed to ListaBusiness.com.au. You are not given any right to use any intellectual property rights contained on the website otherwise than as expressly permitted by ListaBusiness.com.au as communicated on the website or directly to you. Any transfer, sale, distribution, reproduction, copying or modification of any material (in whole or in part) is strictly prohibited other than with the prior written consent of ListaBusiness.com.au.

6. Sellers' Terms

Before advertising the sale of a business or franchise on this website you should carefully read these Terms and Conditions and in particular the Sellers’ Terms and the Disclaimer.

If you do not agree to be bound by all of these, you should not advertise the sale of a business on this website.

6.1 This website is for the sale of entire businesses, business franchises and/or business opportunities. ListaBusiness.com.au is not regulated by any regulatory body and you are strictly prohibited from offering any form of shares, bonds, securities, collective investment schemes or anything similar via this website. Please contact ListaBusiness.com.au if you are in any doubt as to whether you can advertise on this website.

6.2 ListaBusiness.com.au provides this website which gives you the opportunity to advertise the sale of your business, business opportunity or franchise. ListaBusiness.com.au does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this website. ListaBusiness.com.au strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.

6.3 If you are contacted by a third party through your use of this website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way or who contacts you for any other purpose than to negotiate the purchase of the item you have advertised (such as sale of its services), you agree to contact ListaBusiness.com.au or email our customer service team setting out full details.

6.4 You warrant that you are the owner of the business advertised and that the content of the advertisement you place on the website will be true and accurate and that you have full authority to use the content supplied to us. You hereby agree to indemnify ListaBusiness.com.au for any claims, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website.

6.5 ListaBusiness.com.au reserves the right to refuse to upload any business listing if we, in our reasonable opinion, consider such listing to be improper, fraudulent or otherwise not bona fide

6.6 ListaBusiness.com.au reserves the right to edit any business listing if we, in our reasonable opinion, believe such editing will improve the quality of the website.

6.7 The decision where to place a listing within the index of business categories shall be at the sole discretion of ListaBusiness.com.au

6.8 Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) by us are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.

7. Additional Terms for Selling Brokers/Intermediaries

7.1 If you are selling a business or franchise in the capacity of a broker, agent or any other form of intermediary so that you are not selling in your personal capacity you must register as an intermediary on the website.

7.2 You warrant that you have the full authority and permission to advertise the business, business opportunity or franchise on the website from the direct owner and in particular that you have not advertised a business, business opportunity or franchise by simply taking or copying it from a third party intermediary or broker without the permission of the owner.

7.3 Where ListaBusiness.com.au hosts, manages or develops a broker, agent or intermediary's website, ListaBusiness.com.au gives you no rights of ownership to the software used in relation to these websites. You agree that you will not copy, de-compile, disassemble or reverse-engineer any software used in connection with the website save to the extent permitted by law. ListaBusiness.com.au retains the copyright of this website and for any information that we provide to you for use on your website.

Buyer's Terms

Before contacting a seller of a business through this website you should carefully read these Terms and Conditions and in particular the Buyers' Terms and the Disclaimer.

If you do not agree to be bound by all of these, you should not contact a seller regarding the purchase of a business on this website.

8.1 ListaBusiness.com.au provides this website which gives you the opportunity to purchase a business or franchise by contacting persons who advertise on this website. ListaBusiness.com.au does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this website. ListaBusiness.com.au strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.

8.2 If you are contacted by a third party through your use of this website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way, you agree to contact ListaBusiness.com.au or email our customer service team immediately setting out full details.

8.3 You hereby agree to indemnify ListaBusiness.com.au for any claims, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website.

9. Payments

9.1 ListaBusiness.com.au requires payments for services by credit card or PayPal unless otherwise agreed in advance. ListaBusiness.com.au will charge you in Australian dollars

10. Refunds

10.1 You can end your subscription or advertisement online by using the account management option or email our customer service team. No pro-rated refunds are available. To avoid being charged monthly subscriptions or advertising fees, ListaBusiness.com.au must receive your cancellation notice before the first day of the month or one week in advance of your advertisement expiring.

10.2 To the maximum extent permitted by law, fees are non-refundable and non-transferable. The websites and advertisements of subscribers and advertisers who cancel their membership, or whose credit cards expire without first providing another card for us to bill, may be suspended or removed.

11. Additional Terms for Buying Brokers/Intermediaries

11.1 If you are buying a business or franchise in the capacity of a broker, agent or any other form of intermediary so that you are not buying in your personal capacity you must notify the us and the seller prior to entering into any negotiations for the purchase of the business or franchise.

11.2 You warrant that you have the full authority and permission to act on behalf of your client.