Terms of Use

GENERAL WEBSITE TERMS AND CONDITIONS OF USE

 
Part One: General Access to the Websites;
Part Two: Your obligations as a User / Member; and
Part Three: Mutual Confidentiality between the Parties
 

Part One: General Access to the Websites

This website is part of a network of digital businesses referred to as Mentored Business Sales Services Pty Ltd trading under Allbiz, allbizdealroom.com, allbizsales.com, allfranchisesales.com, allbizrural.com, allbizrealestate.com, lilegy.com and merpio, which are all part of a group of companies reporting as ABN 56 630 339 150 and part of the Mentored Business Group ACN’s 630 150 542, 630 339 150, 630 337 487, and 630 390 475. Each business entity in the group adheres to the group's privacy policy and WEBSITE TERMS AND CONDITIONS OF USE.
 

Website Information

The Website facilitates interactions between users and members of our websites (the "Receiver") and advertisers, sellers, deal owners, and business owners (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").
Access to and use of the website, or any of its associated products or services, is provided by Mentored Business Sales Services Pty Ltd.
Please read these terms and conditions (the "Terms") carefully. By using, browsing, and/or reading the website, you acknowledge that you have read, comprehended, and agree to be bound by the terms. If you do not agree with the terms, you must immediately stop using the website or any of its products or services.
Mentored Business Sales Services Pty Ltd reserves the right to review and change any of the terms by updating this page at its sole discretion. When Mentored Business Sales Services Pty Ltd updates the terms, it will use reasonable endeavours to provide you with notice of the updated 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.
 

Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services directly or via any authorised licensee of Mentored Business Sales Services Pty Ltd. You may also accept the Terms by clicking to accept or agree to the Terms, by email confirmation, by payment of an invoice, or where you have accessed any of the group's websites and the "click to agree" option is made available to you by Mentored Business Sales Services Pty Ltd in the user interface.
 

The services (our websites)

In order to access the services, both the receiver and the provider are required to register for an account through the website (the "account").
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 identification or contact details), including:
   Email address 
   Preferred username
   State and postcode only
   Mobile Number
      Generic Password: A one-time password used for this site
   Business information for sellers
You warrant that any information you give to Mentored Business Sales Services Pty Ltd or its licensees in the course of completing the registration process will always be accurate, correct, and up-to-date. To ensure security, we request that you not use a generic password and do not upload specific personal information about yourself other than that requested to create your profile.
Once you have completed the registration process, you will be a registered member of the website (a "Member") and agree to be bound by these terms.
 

Part Two: Your obligations as a User / Member

As a user or member, you agree to comply with the following:
not share your profile with any other person;
use the Services only for purposes that are permitted by: the Terms; and any applicable law, regulation, or generally accepted practises or guidelines in the relevant jurisdictions;
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;
any use of your registration information by any other person, or third parties, is strictly prohibited.
immediately notify the platform of any unauthorised use of your password or email address or any breach of security of which you have become aware;
not impersonate another user at any time;
not to 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;
not harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
access and use of the website is limited, non-transferable, and allow for the sole use of the website by you for the purposes of providing the services;
not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the platform;
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;
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 the platform for any illegal or unauthorised use of the Website;
not post reviews which could have a financial impact on the business and result in a claim for financial compensation against the member or user; and you acknowledge and agree that any automated use of the website or its services is prohibited.
 
 

Using the Website as the Receiver

Use the site in accordance with the site's terms and conditions, refrain from disclosing (unless required by law), posting private information about advertisers, and follow all policies outlined in these conditions.
Using the Website as the Provider
Provide only honest and correct information to website visitors, respond within one business day, and follow all policies outlined in these conditions.
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Part Two: Transactions conducted via the Websites
 

Refund Policy

Franchisor Advertising: 30 days' notice of your intention to terminate for monthly subscribers or 30 days prior to the completion of your non monthly subscription renewal.
Affiliates and Resellers: 90 days' notice of your intention to terminate.
CRM Users: 30 days' notice of your intention to terminate or 30 days prior to the completion of your subscription renewal.
Business Listings and Advertising: A 50% refund of the total listing fee is applicable where the listing has been prepared by the listing agent and not yet gone live. No refund would be applicable where the preparation has been completed and the deal has gone live.
It should be noted that since Mentored Business Sales Services Pty Ltd is only a facilitator in introducing the Receiver to the Provider and providing a system to evaluate a listing and make a secure payment, Mentored Business Sales Services Pty Ltd has no direct liability to the Service Receiver however the following applies to business listings and advertising.
Notwithstanding the above clause, if a service receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Mentored Business Sales Services Pty Ltd requires the Receiver to contact the Provider directly to request a refund.
If unsuccessful after fourteen (14) days, contact the platform via the "Contact Us" section of the Website and explain why you believe you are entitled to a refund so that we may discuss with the service provider.
If the service provider agrees to a refund it is acknowledged that the service provider will issue the refund directly less any fees and charges incurred by the platform in processing the refund.
Both the service receiver and the service provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
 

Copyright and Intellectual Property

Copyright applies to Mentored Business Sales Services Pty Ltd's website, services, and all related products. The material on the website is protected by copyright under the laws of Australia and through international treaties. 
Unless otherwise stated, the platform or its contributors own or control all rights (including copyright) to 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).
All trademarks, service marks, and trade names are owned, registered, and/or licensed by the company who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the website pursuant to the terms;
copy and store the website and the material contained in the Website in your device's cache memory, and
You may print pages from the website for your own personal and non-commercial use.
The platform does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the platform.
The platform retains all rights, titles, and interests in and to the website and all related services. Nothing you do on or in relation to the website will transfer any of the following: a business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright, or the right to use or exploit a business name, trading name, domain name, trade mark, industrial design, or a thing, system, or process covered by a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process) to you.
Unless otherwise provided by these Terms, you may not:broadcast, republish, upload 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, without the prior written permission of the platform and the permission of any other relevant rights owners. This prohibition does not extend to materials on the website that are freely available for re-use or are in the public domain.
Where you broadcast, publish, upload, transmit, post or distribute your content on the Website, then you grant the platform a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
 

Privacy

Mentored Business Sales Services Pty Ltd takes your privacy seriously, and any information provided through your use of the website and/or services is subject to the Mentored Business Sales Services Pty Ltd's Privacy Policy, which can be found at https://allbizdealroom.com.au/privacy-policy and is included in the website's terms and conditions.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied by or imposed by law, including the Australian Consumer Law.
Consumer Law (or any liability arising from it) that cannot be limited or excluded by law.
To the full extent permitted by law, all terms, guarantees, warranties, representations, or conditions not expressly stated in the Terms are hereby excluded, and the platform will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable as a result of 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 Terms.
Liability and Use of the Website and the Services is 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 platforms affiliates, directors, officers, employees, agents, contributors, or licensors make any express or implied representation or warranty about the Services or any products or services (including Mentored Business Sales' products or services). Services mentioned on the website. 
This includes (but is not limited to) any loss or damage you may suffer as a result of any of the following: 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; the accuracy, suitability, or currency of an estimate; or the accuracy, suitability, or currency of an estimate
You acknowledge that the platform and the Services are only intended to facilitate the interactions between the Receiver and the Provider and do not offer any services other than the Services, and that the platform 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).

Limitation of Liability

The Platforms 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.
You expressly understand and agree that the platform, 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.
You acknowledge and agree that Mentored Business Sales Services Pty Ltd 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.
 

Termination of Services

If you wish to terminate, please follow the guidelines noted here or as stated in the refund policy.
In all cases, you may do so by providing the platform with appropriate notice of your intention to terminate via the 'Contact Us' link on our homepage or emailing support@allbizsales.com.
The platform reserves the right to terminate your services at any time if you have violated or intend to violate any of the Terms or; as required to do so by law.
Subject to local applicable laws, the platform reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the platforms name or reputation or violates the rights of those of another party.
All legal rights, obligations, and liabilities that you and the platform have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely shall survive the completion of the services, and the provisions of this clause shall continue to apply to such legal rights, obligations, and liabilities indefinitely.
 

Indemnity by the member user

You agree to indemnify the platform , its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:
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; 
any direct or indirect consequences of your accessing, using, or transacting on the Website, or any attempt to do so, and/or any violation of the terms.
 

Dispute Resolution

Where a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
 

Notice:

A party to the Terms claiming a dispute (the "Dispute") has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the dispute.
Resolution:
On receipt of that notice (the "Notice") by that other party, the parties to the Terms (the "Parties") must:
Within 30 days of the notice, the parties will endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means as they may mutually agree.
For any reason whatsoever, 30 days after the date of the notice, if the dispute has not been resolved, the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the www.amr.asn.au. The most popular choices are the "Australian Mediation Association" or his or her nominee;
The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The parties must each pay their own costs associated with the mediation.

Termination of Mediation:

If 6 months have elapsed after the start of a mediation of the Dispute and the dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have taken the opportunity to obtain independent legal advice and declare the terms are not against public policy on the grounds of inequality, bargaining power, or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force. If any part of these terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the terms shall remain in force. 
 
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Part Three: Mutual Confidentiality between the Parties and the platform.
 
Including the various country versions and associated projects, including subdomains and associated entities.
Recitals
The "Primary Discloser" (Deal Owner or Manager), which includes the business's owners, directors, shareholders, and employees, as well as any legally appointed consultants and agents duly authorised on their behalf, may disclose confidential information to the Recipient in connection with the sale of a business or asset (the Discussions).
AND
The "Joint Discloser" (Website Operator) is Mentored Business Sales Services Pty Ltd, ABN 56 630 339 150, and associated trading entities, its directors, employees, and contractors.
AND
The "Primary Recipient" (Recipient and Purchaser) In consideration of the Discloser engaging with the Recipient in relation to the Discussions, the Recipient agrees to treat the Confidential Information as confidential on the terms and conditions set out below.
 
A Joint and Mutual Agreement between the parties
a) Where a party is disclosing its confidential information to the other party, it will be a "discloser" and where a Party is receiving Confidential Information from a Discloser, it will be a "Recipient".
b) All Parties mutually agree not to in any way publicly disparage, call into disrepute, defame, post negative reviews, slander or otherwise criticise the other party's reputation or that other party's subsidiaries, brokers, affiliates, successors, agents, contractors or officers. 
c) The parties mutually agree to bind each other to this Agreement.
It is agreed.
 
1.Confidential Information means this Agreement and all information of the Discloser that is disclosed to or otherwise becomes known by the Recipient, whether before or after the date of this Agreement, and which is in fact or is reasonably regarded as confidential by the Discloser. This includes but is not limited to information relating to technology, processes, products, specifications, inventions or designs used or developed by the Discloser, trade secrets and know-how, and information of a commercially sensitive nature.
 Permitted Purpose refers to the purpose of allowing the Recipient and the Discloser to talk.
 2.The recipient must:
 (a) keep confidential all confidential information and, except as permitted under this Agreement, not use or disclose any of it without the Discloser's prior written consent;
 (b) ensure that confidential information is only disclosed to its directors, employees, and professional advisers (and related corporate bodies) who have a specific need to access the confidential information for the permitted purpose;
 (c) ensure that the directors, employees, and professional advisers of it (and its related bodies corporate) to whom the Confidential Information is disclosed abide by the terms of this Agreement; and
 (d) immediately return or destroy all copies of the confidential information upon the discloser's request.
 3. This Agreement's obligations do not apply to any specific confidential information that the Recipient can demonstrate:
 (a) is in, or comes into, the public domain other than by a breach of this Agreement;
 (b) was lawfully in its possession prior to the discloser's disclosure;
 (c) was obtained legitimately from a third party who is not obligated to the Discloser to keep the confidential information private and who legitimately obtained the confidential information; or
 (d) it is required to disclose in order to enforce this Agreement or under law or a binding order of a governmental agency or court, subject to clause 
 4. If the Recipient wishes to rely on clause 3(d), it must:
 (a) notify the discloser in advance of the required disclosure so that the discloser has a reasonable opportunity to object to the required disclosure; and
 (b) make every reasonable effort to obtain confidential treatment for any confidential information that must be disclosed.
 5. The Recipient acknowledges that:
The Discloser owns the Confidential Information and all rights (including intellectual property rights) in it, and the Discloser reserves all rights in the Confidential Information. 
This Agreement grants or implies no rights in the Confidential Information other than those expressly stated in this Agreement. In particular, no direct or indirect license is given for any patent, invention, discovery, copyright, or other intellectual property that the Discloser has, makes, gets, or can get in the future.
6. The Recipient further acknowledges that:
The value of the Confidential Information to the Discloser is unique and difficult to quantify; a breach by the Recipient of any of its obligations under this Agreement would irreparably harm the Discloser, and damages would be insufficient to compensate for any such breach; 
and if the Recipient actually breaches or threatens to breach this Agreement, the Discloser will be entitled to enforce this Agreement through injunctive relief or specific performance as a remedy.
7. The Recipient indemnifies and will keep the Discloser indemnified against all claims, proceedings, liabilities, losses, damages, expenses, and legal costs (on a solicitor-client basis) that the Discloser may reasonably sustain or incur as a result of the Recipient's breach of this Agreement.
8. Each party warrants that it has full power and authority to enter into and perform the terms of this Agreement.
9. This Agreement contains the entire Agreement and understanding between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.
10. This Agreement may be amended only by another agreement executed by both parties.
11. The obligations under this Agreement will continue indefinitely with respect to each item of confidential information until such item of confidential information falls within an exception in clause 3.
12. Neither party may assign any of its rights or obligations under this Agreement without the other party's written consent.
13. Confidential information will be provided electronically by data room and email, and as such, the Recipient authorises ongoing correspondence via email and or SMS.
14. This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of courts exercising jurisdiction there.
15. While the parties are encouraged to pursue their own transaction flow, in the absence of a transaction agreement, the parties agree to follow the process outlined below.
a) All correspondence will be directed via the agent; neither Party will contact the other in relation to the sale process.
b) The Purchaser will present an offer to purchase all or part of the business for sale in the form of an "offer" or an "expression of interest" to purchase the business or asset. 
c) A deposit equivalent to 10% of the all-inclusive sale price (or equivalent to the agents fees) shall be paid to a mutual agreed trust account/
d) A formal contract OR Non-binding heads of Agreement will be prepared based on the offer. Where the parties have elected to issue a Heads of Agreement, the parties agree this will form the basis of a formal sale agreement.
e) The parties agree to complete any due diligence without delay and consider the business will remain for sale until such time as the parties' exchange contracts.
f) The parties agree to use their best endeavours to complete the sale and purchase without delays. The parties further understand and agree that unnecessary delays by either Party in the settlement process will be detrimental to the business. In particular, where key parties have been advised, such as staff, suppliers, banks and landlords. 
g) Where the Purchaser does not complete the sale and commits a breach following the exchange of contracts - the Purchaser shall not be entitled to the return of the Deposit; instead, the Purchaser shall forfeit the Deposit to be released to the Vendors Agent to account for Agents fees. Additionally, the Vendor may seek to recover any deficiency in the business resale from the Purchaser.
h) Where the Vendor does not complete the sale and commits a breach following the exchange of contracts - the Vendor must return the Deposit in full and make good on any costs reasonably accrued by the Purchaser during the course of the transaction. 
16. This Agreement may be executed in any number of counterparts and may be executed a) electronically via accepting "Terms of Confidentiality" or, b) email with the Recipient's details stating "I have read and accept the Terms of Confidentiality" https://allbizdealroom.com.au/terms-and-conditions
 or, c) signing a printed copy or, d) signing by electronic signature.
All counterparts together will be taken to constitute one instrument.