Our business for sale terms and conditionsThis website is owned and operated by NZ BizWorks Ltd, under the trading name of aubizbuysell (aubizbuysell.com.au), in using this website and our services you have agreed to accept the following terms and conditions:
This agreement (Agreement) is effective when you use our site.
The sale process – aubizbuysell has no involvement in the sales process, nor do we make any guarantees as to the accuracy of information supplied by sellers and content providers. The information contained on this site does not represent professional advice, and must not be relied on as such. There are no additional fees or commissions charged by aubizbuysell through the sale of a business or franchise, other than those listed for advertising a business on this site.
NO WARRANTIES OR GUARANTEES
Accuracy of the information – While every care has been taken to list the details given by the vendor or their agent, it is the purchaser's responsibility to verify all claims and information, and the purchaser is advised to seek professional advice prior to any investment being entered into.
has not verified the accuracy of the information posted on the
aubizbuysell database and website, and makes no warranty, express or implied,
nor does it guarantee such information for accuracy, currency, completeness or
fitness of purpose on any part of the aubizbuysell website.
aubizbuysell will not be held liable (whether in contract, negligence or otherwise) for any reliance on this website and or any site content. In entering any agreement to purchase any business the purchaser relies entirely on his or her own judgment and not on any information provided by or on aubizbuysell. You acknowledge that we are not an auctioneer, and do not provide auction services. Instead, our site is only a portal to allow potential buyers and sellers of businesses to make contact. We do not provide a facility for buyers and sellers to enter into contracts for purchase and sale on this site and we do not provide any due diligence, identification or verification services.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Without limiting other remedies available to us 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 item, issue you a warning, restrict your activities through our site (including but not limited to posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
- you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
- we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
- if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
You agree that you will not use any robot, spider, scraper or other automated means to access our site or services for any purpose without our express written permission. Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our site without our prior express written permission and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of our site, services or tools, or any activities conducted on or with our site, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.
Right to withdraw – aubizbuysell reserves the right to refuse to continue listing any business on its site that not bona fide, contains or has offensive or insensitive material, an association to any illegal activities, or for any other reason.
Right to reject and/or edit – aubizbuysell reserves the right to reject or edit at the discretion of aubizbuysell any listing that contains offensive or inappropriate material, or for any other reason.
All Prices Quoted on aubizbuysell are in Australian Dollars (AUD). aubizbuysell is not registered for GST so no GST is charged. All prices quoted on the website are subject to change without notice, so please check before placing any listing.
Terms of payment – Casual advertisements placed online are payable in advance by credit card (we accept Visa, Debit, and Master Cards). On payment your ad will go live for the specified term. Business broker members (where Business Brokers have a monthly account); are billed to a credit card as nominated and agreed with all payments due by the 20th of the month following invoice. Accounts are monthly with any notices given to be in writing (email). Any outstanding accounts may be subject to collection fees. Fees charged for listings and related services are non-refundable.
Refund Policy - Casual advertisements placed online are payable in advance and are charged at the websites listed product price. Business Broker/Agent members (where Business Brokers/Agents have a monthly account); are billed monthly with all payments due by the 20th of the month following invoice. If an ad is withdrawn prior to going live online then it will be refunded in full. Once an ad is live online then the fees charged are non-refundable.
Listing Cancellations - On confirmation of the sale of a listing, sellers or agents MUST deactivate the listing within 48 hours via their account login or feed. Sellers can also cancel their listings at any time by sending such advice (with their ad ID number) to our Email: Contact Us email.
RELEASE AND LIMITATION OF LIABILITY
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees, for whom we act as agent and trustee) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your use of our site or services, breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using this site or our services. Without limiting the foregoing, if you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Without limiting the foregoing, to the maximum extent permitted by law, you use our site and services entirely at your own risk and we are not liable to you, any user of our site or any person through the foregoing, for any claim, liability, cost, loss, expenses or damages of any nature whatsoever, whether arising under contract, tort (including negligence) or otherwise. To the extent our liability cannot be lawfully excluded by the foregoing, to the extent permitted by law, our liability to you, any user of our site or any person through the foregoing, is limited to providing the services to which the liability relates, again, free of charge.
We are not your agent for any purpose in relation to this Agreement or your use of this site or our services.
It is important to read and understand any policies we put on our site (Policies). Our Policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our site. Once posted, our Policies may be changed from time to time. Changes take effect when we post them on the site. When using particular services on our site, you are subject to any posted Policies or rules applicable to services you use through the site, which may be posted from time to time. All such Policies or rules are incorporated into this Agreement.
Prohibited use - You will not:
- infringe any laws, third party rights or our Policies;
- post false, inaccurate, misleading, defamatory or offensive content (including personal information);
- transfer your account and login to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm us, or the interests or property of our users;
- copy, modify or distribute rights or content from our site or our copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Website availability – While every care is taken to maintain the reliability of the website, we will not be liable for any direct, indirect, consequential damages, or losses whatsoever arising out of your use or inability to use this website, its information or the products and services of aubizbuysell.
AND PASSWORD RESPONSIBLIITIES
To become a registered site user you must provide a login name (email) and a password. You are entirely responsible for maintaining the confidentiality and the activities that occur under your login name. If your security has been breached please change your password and / or contact us directly.
As a registered site user you are required to cancel
any sold or no-longer required listings immediately.
You can use the aubizbuysell website for the purpose of indicating an interest in buying, or for listing to sell a business.
Copyright - The aubizbuysell name, logo, website, services, content, images, and all software and database information are provided by aubizbuysell and third party providers and are copyright works that cannot be used without written permission from NZ BizWorks Ltd.
You cannot copy, scrape, reproduce, publish or distribute derivatives of this work in any manner that will commercially exploit the aubizbuysell service. Violation of these terms will result in action by aubizbuysell that may result in, but not be limited to, legal action, and or removal from the website’s database and services.
Under the Copyright Act 1968 and its amendments, it is your responsibility to ensure that as an advertiser, or content provider, you do not infringe on any applicable Copyright laws.
Confidentiality – All information and contact details provided to aubizbuysell will be kept confidential and will not be distributed to any third party without the prior consent of the provider. aubizbuysell may however, at their discretion use such data from time to time in an aggregate form.
aubizbuysell reserves the right to modify or change the terms of this Agreement at any time, by one week's notice to the user posted on our site. It is the users’ responsibility to be familiar with any changes. Any rights not expressively granted are reserved by aubizbuysell.
All legal notices must be served on us at: aubizbuysell, PO Box 33276, Christchurch 8244, New Zealand.
New Zealand law (excluding its conflict of laws rules) will govern this Agreement and its subject matter and you consent to the exclusive jurisdiction of the courts of New Zealand in relation to this Agreement and all its subject matter.
In this Agreement:
Headings and boldings are for convenience only and do not affect the interpretation of this Agreement; where an expression is defined anywhere in this Agreement another part of speech or grammatical form of that expression has a corresponding meaning; money is to Australian currency; this Agreement or another document includes this Agreement or the other document as varied or replaced; a failure or delay by us to exercise, or partially exercise, a right, power, authority, discretion or remedy arising from a breach of or default under this Agreement, does not result in a waiver of that right, power, authority, discretion or remedy. A party is not entitled to rely on a delay in the exercise or non-exercise of a right, power, authority, discretion or remedy arising from a breach of this Agreement or default under this Agreement as constituting a waiver of that right, power, authority, discretion or remedy. If any part of this Agreement is, or becomes, legally invalid or unenforceable, the remainder of this Agreement subsists and remains enforceable. This Agreement contains the entire agreement between you and us. All representations or agreements, whether oral or in writing made prior to the date of this Agreement and relating to any matter dealt with in this Agreement are merged in this Agreement and do not have any effect from the date of this Agreement. A party may not assign its rights under this Agreement without the consent of all other parties.