WEBSITE TERMS AND CONDITIONS OF USE
1.1. Welcome to www.midnorthcoastbusinessforsale.com (the ‘Website’). The Website facilitates interactions between:
(a) Buyers (the ‘Receiver’); and
(b) Sellers (the ‘Provider’),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services’).
1.2. The Website is operated by Mid North Coast Business For Sale. Access to and use of the Website, or any of its associated products or Services, is provided by Mid North Coast Business For Sale. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3. Mid North Coast Business For Sale reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mid North Coast Business For Sale updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Mid North Coast Business For Sale in the user interface.
3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account’).
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
3.3. You warrant that any information you give to Mid North Coast Business For Sale in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Mid North Coast Business For Sale; or
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Mid North Coast Business For Sale of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, or threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Mid North Coast Business For Sale;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Mid North Coast Business For Sale for any illegal or unauthorised use of the Website; and
5.1. By Mid North Coast Business For Sale offering the Services to you, you agree that:
(a) All payments made in the course of your use of the Services are processed using Paypal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal terms and conditions which are available on their website.
6.1. The Website, the Services and all of the related products of Mid North Coast Business For Sale are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Mid North Coast Business For Sale or its contributors.
6.2. You may not, without the prior written permission of Mid North Coast Business For Sale and the permission of any the other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
7.1 Mid North Coast Business For Sale takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to our privacy terms as outlined below;-
(a) Your information is not disclosed to third parties unless it is for the purpose of the operation of Mid North Coast Business For Sale website. We may share your personal information with companies that assist us to run our business by processing personal information on our behalf. Such providers include; customer support, payment processing services, email, social media, and other service providers, and hosting services.
(b) By using Mid North Coast Business For Sale website, and posting content, you acknowledge that your personal information may be disclosed to potential buyers.
(c) We may also disclose information if it is required by a government department, or by a court order, or other enforcible law or legal process.
(d) If we provide information about another user you must only use it for the purpose it is provided to you. You must not disclose, sell, rent or distribute the user’s information to a third party for marketing purposes.
(e) Mid North Coast Business For Sale Buyers Registration collects contact details and information on the interested party to match with sellers on Mid North Coast Business For Sale.
8.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Mid North Coast Business For Sale will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.1 Use of the Website and Services are at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Mid North Coast Business For Sale make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Mid North Coast Business For Sale) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Mid North Coast Business For Sale; and
(d) the Services or operation in respect to links which are provided for your convenience.
9.2 You acknowledge that Mid North Coast Business For Sale Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Mid North Coast Business For Sale holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
10.1. Mid North Coast Business For Sale’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Mid North Coast Business For Sale, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.3. You acknowledge and agree that Mid North Coast Business For Sale holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
11.1. You agree to indemnify Mid North Coast Business For Sale, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.