TERMS AND CONDITIONS
Before using the Services of BSale you must read and accept all terms in this Agreement. It is effective immediately and forms a binding contractual agreement between us. Please note that you must be 18 years of age or older to create an account on this Site.
1. Us and our IP
1.1. Bsale.com.au and its affiliate websites, buyaproperty.com.au and buyacres.com.au ("our Site(s)" or the Site(s)") are owned and operated by Kaye and Vanessa Lovie t/as Bsale.com.au ("BSale"). All references to BSale or "we" or "our" or "us" on our Site are references to BSale including all of its officers, directors, employees and agents.
1.2. Bsale is an advertising portal to enable business owners, brokers, agents and franchise groups to advertise. We do not provide any professional advice on valuations or sales, and users are directed to obtain their own professional advice. We do not receive any commission on sales, and are not involved in the actual transaction in any way.
1.3. The material displayed on this Site, including all information, text, graphics, software, advertisements, names, logos and trademarks (the "Intellectual Property") is owned or licensed by BSale and is protected by copyright, trade mark and other intellectual property laws.
1.4. You must not modify, copy, reproduce, publish or distribute the Intellectual Property in any way without our prior written consent.
2. We do not warrant the accuracy of information
2.1. You acknowledge that the content supplied on this Site is provided to us, and we in no way create or produce the content. You acknowledge and agree that we cannot be responsible for any use made by you of the information contained on this Site.
2.2. The content on this Site is not a substitute for professional legal, financial, franchise or real estate advice, and it is your responsibility to conduct due diligence in relation to purchasing a business franchise or property.
2.3. You agree not to hold us responsible for any inaccuracies or any unreliability or completeness of information on this Site.
3. Your access and interference
3.1. You must not interfere or attempt to interfere with the proper working of the Site. You must not distribute viruses or any other technology that may harm our Site or the interests or property of users of our Site. You must not use any robot, spider, scraper or other automated means to access the Site for any purpose.
3.2. We cannot guarantee continuous or secure access to the Site, and its operation may be interfered with by numerous factors outside our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
4. Third Party Sites
4.1. This Site contains links to third party sites. These third party sites are not maintained or controlled by us.
4.2. To the extent permitted by law, BSale accepts no liability and provides no warranty in respect of the information displayed on such third party sites. We do not endorse that information or any party associated with it and you link to such third party sites entirely at your own risk.
5. Your Account and obligations
5.1. You may access and use our Site. If you wish to post content on our Site, and amend that content, you must create an account.
5.2. You must ensure that your account details, including your username, email address, address and password are kept up to date.
5.3. You must ensure that your username and password are kept confidential. If you suspect that your details may no longer be confidential, or that there may have been unauthorised use of your account, you must notify us immediately.
5.4. You must not transfer your user account to another party without our consent.
6. Your Content
6.1. If you create an account and post content, you must comply with our Listing Rules.
6.2. You must not post inappropriate, offensive, pornographic, threatening, abusive, discriminatory, false, inaccurate, misleading or defamatory content. If you see any of this content, you must notify us immediately.
6.3. Your content must not cause you or us to breach any law, regulation, rule, code of conduct or other legal obligation including, but not limited to, breaches of confidence, privacy or intellectual property.
6.4. You acknowledge that we in no way warrant that you will receive enquiries in relation to your content, or that you will sell a business if you use our Sites.
7. Further warranties in relation to posting content
7.1. You warrant that all content is true and correct to the best of your knowledge, and you assume full responsibility for the content.
7.2. You warrant that your business or property is duly registered in compliance with the relevant law, and that you are the rightful owner of the business.
7.3. You warrant that, in the event of a partnership, all parties agree to the content and listing.
7.4. You warrant that, in the event of an agent, business broker, or franchisee you have written consent from the owner of the business or the franchisor to act on their behalf, with their consent.
7.5. You warrant that you have received professional valuations in relation to the value of the property or business.
8. Intellectual Property Rights in content
8.1. You warrant that for any content you post, you own all Intellectual Property rights in the content.
8.2.When you give us content for our Site, you grant BSale a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and transferable licence to exercise any and all Intellectual Property rights you have in the content now or in the future. This licence survives termination of this Agreement.
8.3. You further consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
9.1. We agree to list content which complies with the Listing Rules and this Agreement after payment is received or if we agree to a trial period.
9.2. Your content will be listed on our Site, and may also be listed on our Facebook page, and eMagazine at our discretion. You must notify us if you do not wish to be listed on Facebook and/or the eMagazine
9.3. Our fees charged may change from time to time, but we will use our reasonable endeavours to notify you of any changes.
9.4. If your payment method fails or your account is overdue, we may collect additional fees, including legal fees.
9.5. You must not circumvent or manipulate the payment process or fees owed to us.
10. Your Content removal
10.1.You must delete your content on our Site when the business is sold, or if you otherwise wish to withdraw the listing.
10.2. Content will otherwise be removed at our discretion in the event that the business is sold, withdrawn, if we are notified, or if the content breaches any of the terms of this Agreement.
10.3. We may, at our own discretion, extend the advertising period in which the content is displayed.
11. Cancelling your account
11.1.We may limit, suspend or cancel your account, and/or prohibit access to the Site, and/or remove content from the Site, and/or take technical and legal steps to keep you off the Site, if we think that you are creating legal liabilities, infringing any laws, infringing intellectual property rights of BSale or third parties, if you breach this Agreement, or if we believe your actions may cause loss or damage to or unlawfully harm you, our other users, third parties, or BSale .
11.2.We may also limit, suspend or cancel accounts that have not been updated, are inactive, are unconfirmed or have been transferred without our consent.
12. Direct Marketing
12.1. We may send you direct marketing information and communications about us that we feel may be of interest to you.
12.2. If you select our "buyers subscribe" notification system, we will email you when a new business is listed that matches your criteria. You may opt-out of receiving Bsale notifications at any time.
13.1. We collect personal information, and in particular we collect the following personal information:
13.1.1. Your name, address, email address, phone number; and
13.1.2. Any further personal information provided in content, photos, contact forms or your emails.
13.2. The primary purpose we collect information is to provide you with a better service. We store information on our database which is securely held on a server or onsite in a secure location.
13.3. Your information is not disclosed to third parties unless it is for the purpose of operation of our Site. By using our Site, and posting content, you acknowledge that your personal information may be disclosed to potential buyers.
13.4. We may also disclose information if it is required by a government department, or by a court.
13.5. 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.
14. Release and Indemnity
14.1.By accessing our Site you release BSale from any and all liability for any direct or indirect loss or damages (including loss or damage from negligence) arising from access to or use of the content on our Site or sites linked to our Site, or your inability to use our Site.
14.2. We are not liable for any other user content, actions or inactions of that user. If you have a dispute with a user, you release us from claims arising out of or in any way connected with that dispute.
14.3.We are not liable for any loss, damages and costs (including indirect losses) that are suffered by reason of the unauthorised use of the personal information you provide to us.
14.4.To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these terms.
14.5.These terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, BSale limits its liability in respect of any claim to, at our option:
184.108.40.206. the supply of the services again; or
220.127.116.11. the payment of the cost of having the services supplied again.
14.6.You agree to indemnify us from and against all losses, expenses, damages and costs (including indirect losses) resulting from your use or inability to use our Site.
14.7.You agree to indemnify us against any claims made against BSale by any third party due to or arising out of your breach of this Agreement or your infringement of any law or the rights of a third party in the course of using our Site.
15.1. This Agreement is governed by the laws of NSW and Australia, and you agree to be subject to the jurisdiction of the laws of NSW and Australia.
15.2. We reserve the right to amend this Agreement at our discretion, and will publish any such amendments on our Site which will be taken to be effective on and from the date that they are published. It is your responsibility to ensure that you are aware of the current Agreement.
15.3. You must not assign or otherwise deal in any other way with any of your rights under this Agreement.
15.4. If a provision of these terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.