We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site on our Announcements Board located at http://www.bizclassifieds.com.au/Announcements.htm. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified on our Site. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your subscription with BizClassifieds. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site you will be considered by us to have accepted the varied terms as part of the Agreement. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and BizClassifieds. This Agreement is effective on your registration date. In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
1. Subscription Eligibility.
BizClassifieds offers its services to its subscribers. Subscription is a privilege, not an entitlement, and BizClassifieds may change its services and suspend, terminate or restrict your subscription at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that BizClassifieds changes its services, suspends, terminates or restricts your subscription in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account. Our services are available to individuals (i.e. natural persons) who can form legally binding contracts under applicable law. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the subscriber who is registered on the account. Your subscription is not transferable. Your BizClassifieds account may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a subscriber you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account to us.
2. Fees and Services.
Joining (creating a BizClassifieds Email Alert account) our Site is free. Listing business opportunities on our Site incurs fees which are set out in our Sellers page and Pay Now page located at http://www.bizclassifieds.com.au/Sell-a-business.htm and http://www.bizclassifieds.com.au/paynow.htm respectively. When you list a business opportunity you have an opportunity to review and accept the fees that you will be charged for the use of our services. Like all businesses, we may change the fees for our services from time to time. Changes to the fees are effective when you change or renew a subscription at the expiry of your current subscription. We may choose to temporarily change our fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Announcements Board located at http://www.bizclassifieds.com.au/Announcements.htm. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
3. BizClassifieds is not an Auctioneer.
3.1 Online Auctions.
It is important to realise that if you list your business opportunity on our Site as part of a subscription service that we will not negotiate a sale. When listing your business opportunity on our Site, as part of a subscription service, our Site merely acts as an online venue to allow subscribers to list and sell their business opportunity. As a result, BizClassifieds has no control over the representations or content listed by subscribers, or the ability of subscribers to sell business opportunities.
BizClassifieds is not involved in the actual transaction between buyers and sellers in the case where a business opportunity is listed as part of a subscription service and to the extent permitted by law BizClassifieds specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction. BizClassifieds does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction that involves a business opportunity listed as part of a subscription service. BizClassifieds may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against BizClassifieds for any matter arising out of any BizClassifieds transaction or otherwise in respect of this Agreement. This clause 3.2 does not affect any rights you may lawfully have against BizClassifieds itself for its own acts or omissions.
4. Listing and Selling.
4.1 Listing Description.
You must be legally able to sell all business opportunity(ies) you list for sale on our Site. You must describe your business opportunity(ies) accurately. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that business opportunity. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category.
Without limiting any other remedies available to BizClassifieds at law, in equity or under this Agreement, BizClassifieds may, in its sole discretion, suspend or terminate your subscription if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against BizClassifieds in respect of any such suspension or termination of your subscription.
5 Your Information.
"Your Information" means any business opportunity you list as well as any information you give to us as part of the listing process. Your Information also includes the descriptions of business opportunities you list for sale or display on our Site.
You are solely responsible for Your Information. We act as a passive medium for your online marketing and publication of Your Information. Your Information must not, in any way whatsoever, be potentially or actually harmful to BizClassifieds or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by BizClassifieds. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of business opportunities that you are not legally entitled to sell;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, criminal law, and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in BizClassifieds' sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any content that is prohibited or that, in BizClassifieds' sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au);
(h) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any BizClassifieds website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(i) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
(j) link directly or indirectly to or include descriptions of business opportunities, goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include on our Site.
6. Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to BizClassifieds by our subscribers or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written permission of BizClassifieds or of the party authorised to grant such permission.
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO BIZCLASSIFIEDS AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR BUSINESS OPPORTUNITY, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE, TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR SUBSCRIPTION AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
(a) you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
(b) we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our subscribers, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
(c) if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other subscribers the details of any investigation that we conduct or any action which we take, in relation to your subscription or your account other than those that are already provided to you by us.
9. Liability Limit.
9.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT BIZCLASSIFIEDS HAVE NO RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS. TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
9.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of BizClassifieds where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. For example, if BizClassifieds is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in clause 9.1 will not apply to you. For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.
You agree to indemnify and hold us and (as applicable) our respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
11. Legal Compliance.
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), statutes, ordinances and regulations regarding your use of our services including listing and solicitation of offers to purchase. In particular, you must ensure that your activities, business opportunities you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au. YOU ALONE, AND NOT BIZCLASSIFIEDS, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING ON OUR SITE IS LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.
Except as stated otherwise, any notices must be given by registered ordinary post (or if posted from a place outside Australia, by registered airmail) or by facsimile transmission to BizClassifieds Attention: N Nguyen, Facsimile: +61 7 3188 6012, PO Box5498 Q Supercentre, Mermaid Waters QLD 4218 or to the email address you provide to BizClassifieds during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to BizClassifieds during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, "Business Day" means a day on which banks are open for general business in the Gold Coast QLD, other than a Saturday, Sunday or public holiday.
13. Mediation and Dispute Resolution.
We encourage buyers and subscription sellers to try and resolve disputes directly where the dispute involves a business opportunity listed by a subscriber, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate. Any controversy or claim arising out of, or in connection with, this Agreement between BizClassifieds and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election. You and BizClassifieds agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.
14. Important Terms
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of BizClassifieds, and you agree to be bound by them. We particularly draw your attention to the Policies listed in the introductory section of this Agreement.
The Site and its associated services set out in this Agreement are offered by BizClassifieds located at Gold Coast, QLD. This Agreement will be governed in all respects by the laws of the State of Queensland, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by BizClassifieds to a third party without your consent in the event of a sale or other transfer of some or all of the assets of BizClassifieds. In the event of any sale or transfer you will remain bound by the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter. Sections 2 (Fees and Services), 3.2 (Release), 5 (Your Information), 6 (Access and Interference), 9 (Liability Limit), 10 (Indemnity) and 13 (Mediation and Dispute Resolution) will survive any termination or expiration of this Agreement.
16. Further Information
Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.netalert.org.au
. This link is provided for information purposes only, and is not intended as an endorsement. BizClassifieds is not affiliated with this web site or its operators.
Disputes between you and BizClassifieds regarding our services, complaints or suggestions should be reported to BizClassifieds Admin located at http://www.bizclassifieds.com.au/Contact-us.htm