Terms & Conditions
Welcome to www.businessforsale.co.za
This Website is owned and operated by Business for Sale (Pty) Ltd - a private company registered in South Africa.
The website is an advertising platform for Business Brokers, Business Owners, Agents, Franchisors, Licensors, and any other individual or organization who would like to use our Services for themselves or a Third Party.
|We / Us or Our:||Business for Sale (Pty) Ltd with registration number 2019/233497/07|
|You or Your:||The User or Visitor|
|Agreement:||When you use the website (or the online system), either as a Visitor/Viewer or User, you agree to the terms and conditions contained in this document and/or such subsequent improvements/enhancements hereto. We will equally abide by these terms and conditions and we will stick to our side of the agreement.|
We reserve the right to change these terms and conditions from time-to-time to keep up with changes in technology, customer behaviour, new laws/regulations, and such new products or services that we may offer. Your continued use of the website, the online system and/or the Services shall indicate your acceptance of any such changes to this agreement. It is your responsibility to keep yourself up to date with the latest version of our terms and conditions. We endeavours to communicate such changes/improvements to you by notification on the website or by email.
DEFINITIONS AND INTERPRETATION
An Account refers to the personal account with username and password that you have set up when registering on the Business for Sale portal. Your account allows you access to online systems of Business for Sale and makes available the unique services offered by us according to the package you have selected.
IMPORTANT: Keep your account detail confidential
|We or Us||
The use of the words “We” or “Us” in this agreement or on the website, refers to Business for Sale (Pty) Ltd with registration number 2019/233497/07. A private company registered in South Africa
Refers to a User of the Business for Sale website, our online system, and our unique services. A User enters into this agreement in his/her personal capacity but may also act as an individual who is authorised by a third party such as the seller of a Business/Franchise/License/Property or business opportunity
In short: A User is the person who uses the services of Business for Sale and we hope you enjoy the experience.
|Visitor or Viewer||
A Visitor (or Viewer) refers to someone who visits the website www.businessforsale.co.za. Typically, a Visitor/Viewer browses through the various pages of the website, viewing the adverts in his/her search for opportunities. If a visitor finds a Business/Franchise/License/Property for sale that is advertised on the website, he/she will contact the User with the intent of obtaining more information or entering into further discussions about the opportunity.
Free: as a visitor, you pay no fees for browsing through our website, but we do hope you enjoy the experience, tell all your friends, and visit often.
This refers to the owner of a small-medium business or property.
Let it be known: Business for Sale exist because of Business Owners – We love you guys.
A Franchisor refers to is a person or company that grants a license to a third party, whereby such a third party (Franchisee) may trade or conduct business under the style and manner designed and developed by the Franchisor. The Franchisee thus has the right to use the Franchisor's trademarks.
SA economy: In South Africa Franchise Agreements are regulated in terms of the Consumer Protection Act.
The Buyer refers to someone with an interest in acquiring a Business/Franchise/License/Property. Buyers normally provide some basic information about themselves through an inquiry via the Business for Sale website
Our aim: We hope that many Buyers find what they are looking for and connect with our Users.
Refers to the Personal Information that a User captures on the Business for Sale portal. All data and information captured on the Business for Sale portal are protected in terms of the Protection of Personal Information Act 2013, Act No. 4 of 2013.
Feel Safe: We do our utmost to protect your information
Business Information refers to the information about the Business/Franchise/License/Property captured on the Business for Sale portal by the User and normally displayed on the website.
Buyers be warned: Business for Sale is not able to verify or confirm the Business Information
The Subscription Fee refers to the monthly fee payable by the User to Business for Sale. When you register as a User you will select a package according to the Services you require, and your subscription fee is based on the package you’ve selected. Subscription fees are due each month on the anniversary of your registration date. You may cancel your Subscription fee at any time.
Great to Know: You may change your package at any time. There is no fee to upgrade or change
All our packages are based on a monthly Subscription that is renewable each month. We do not charge any signup fees and we do not enter into fixed-term contracts. Payment of the Monthly Subscription Fee gives the User access to the Services on the portal. A User may pause or cancel his/her Subscription at any time or simply stop payment.
Reason: True to the spirit of the Consumer Protection Act 68 of 2008, we aim to deliver value for your money and in the unlikely event that you are not satisfied with our service, you’re not tied up in lengthy contracts or complicated terms.
The Services offered by Business for Sale are diverse and wide an includes things such as advertising on our website, use of our online platform, a unique client management system, and business valuations.
Tip: A full list of the services we provide is available on our website. Check out the video that explains it all
We created a business valuation functionality that is available on our online system to provide you with a market-related valuation for your business or the business you would like to sell. The valuation is dependent on the information you provide and is also influenced by the factors that you select as applicable to the business that is being valued.
Help at hand: Business for Sale will support you with relevant stats and appropriate guidance.
- GENERAL BASIS OF OUR CONTRACT
- Our website is an advertising portal that enables users of our services /online system to market Business/Franchise/License/Property for sale and in so doing create a marketplace for Visitors/Viewers of the website to meet prospective sellers. In addition, We provide certain Services to Users as described on our website. For the Visitors/Viewers, the website merely serves as a medium to obtain information. Our Users are Our clients to whom we owe a duty of care. We owe none to a Visitors/Viewers.
- We provide a marketplace for the sale of Business/Franchise/License/Property and We are in no way responsible for anything posted on our website in connection with such opportunities. We are not a party to any transaction between Users, Business Owners, Visitors, or Buyers. We will not be subject to any claim if a dispute arises between parties using Our website or Services.
- You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
- All Buyers should carry out their own due diligence (investigations) into usinesses advertised on the website. The business information posted on the website is created by the Users of Our Services and We are neither responsible to verify or confirm the correctness/accuracy of the information nor are We able and neither have we done so.
- We do not take any responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by you based on any information, opinions or advice posted on the website.
- YOUR OBLIGATIONS
When using this Website and/or your Account (if applicable), You agree not to:
- Attempt to undermine the security or integrity of this Website, our online system, or networks.
- Use, or misuse, this Website in any way which may impair the functionality of this Website, or impair the ability of any other Visitors/Viewers to use this Website.
- Attempt to gain unauthorised access to any service, functionality, material, or content other than those to which You have been given access to or permission to access.
- Attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs or software used to operate the Businessforsale.co.za website and system.
- Use this Website for any unlawful purpose.
- PERSONAL DATA AND BUSINESS INFORMATION
- We collect, store, and use personal data and business information captured by users on the website to assist Us with Our quality of service and to constantly enhance and improve our products and offerings.
- Your personal information and contact details are protected by the Protection of Personal Information Act 4 OF 2013 and will not be divulged to any third party for marketing or advertising purposes.
- Users of the website or online system who assist their clients to sell their business and third parties acting on behalf of someone else, carry the responsibility to ensure that you have all the necessary consent from such clients and are appropriately authorized by such third party to advertise their business through the website.
- If you capture business information on the online system to be posted/displayed on the website, it becomes available in the public domain and we have no control who sees it or what anyone does with it.
- It is important that business information and any other material that you post is true, accurate, and complete, but you should avoid posting unnecessary confidential information. You accept all risk and responsibility for determining whether any information is in the public domain and not confidential.
- Capturing personal data or business information on the website or online system does not change your ownership of the copyright thereto. We have no claim over such copyright and similarly are we not a party to any dispute as to the ownership nor will We protect your rights thereto.
- DISCLAIMER AND LIMITATION OF LIABILITY
- The provision of, access to, and use of, the website and/or online system is on an "as is" basis.We make no representation or warranty that the website or our services will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose:
- available or accessible without interruption or error
- It is your sole responsibility to determine whether or not the services we provide meet your requirements and are indeed suitable for the purposes for which they are used.
- We do not warrant any particular results or outcomes that will be achieved through the use of Our website.
- There are no implied terms or conditions and no assumed warranties whatsoever.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from the information you take from Our Website.
- We shall have no liability for any errors, inaccuracies, or misleading statements or representations in any Business Information presented on Our website.
- You agree that in any circumstances when we may become liable to you, the limit of our liability is equal to the amount you have paid Us in the immediately preceding month for the Services concerned.
- The provision of, access to, and use of, the website and/or online system is on an "as is" basis.We make no representation or warranty that the website or our services will be:
- INTELLECTUAL PROPERTY RIGHTS
- All Intellectual property relating to the website, including any trademarks or logos used on the website, copyright in any content and rights in any data contained on the website are owned by Us. You are not given any right to use any Intellectual Property contained in or relating to the website or online system. The transfer, sale, distribution, reproduction, copying, or modification of any material contained on our website (in whole or part) or our online system is strictly prohibited.
- You agree that we are free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving our website, products or services.
- You warrant that any content/business information captured by you on the online system or website does not infringe the Intellectual property or other rights of any third party and you are responsible for ensuring that any content that you provide within the website is accurate, complete, truthful and compliant with the law.
- You agree that you will not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
- We are not responsible or liable to you for the content or accuracy of any material uploaded or posted by any other User or Visitors/Viewers of the website.
- You hereby agree to indemnify us against all claims, demands, actions, proceedings, and all direct and indirect damages, losses, costs, and expenses (including without limitation legal and other professional advisers' fees, economic loss, loss of profit, future revenue, reputation, goodwill).
- If you believe that any business information or material uploaded or posted onto the website infringes on any intellectual property right, please notify us at firstname.lastname@example.org.
- REMOVAL FROM WEBSITE / ONLINE SYSTEM
- We reserve the right to remove any content from the website or to deny User access to the online system and/or restrict or disable your access or use of any or all elements of the website at our sole discretion.
- SIGNUP AND SUBSCRIPTIONS
- Subject to payment of the monthly subscription fees we shall provide services to you dependant on the subscription package you choose.
- We give the User the right to access to our online system and the use the services via the website. This right is non-exclusive, non-transferable, and limited by the subscription packages chosen.
- We operate the website as we see fit in our sole discretion and shall have total control over its appearance, structure, content, functionality, user interface, and placing of content within the website.
- We may change, modify, amend, add to or remove from the website from time to time at our discretion without notice to you provided that the website shall always be capable of acting as an advertising platform for businesses to be bought and sold.
- If You experience any technical problems, check the support provided online by us on the website or email us at email@example.com
- USERNAMES AND PASSWORDS
- When You create Your Account on this Website, you will be required to create a username and password. You must ensure that Your username and password are kept secure and confidential. You must immediately notify us of any unauthorised use of your password or any other breach of security. You are responsible for any activity on Your Account. It is Your sole responsibility to monitor and control access to and use of Your Account and password.
- You shall ensure that You have the consent of any individual whose personal data or Business Information is captured on the website or entered into our online system.
- PAYMENTS AND SECURITY OF CREDIT CARD
- Subscription Fees are paid monthly in advance unless otherwise agreed with your account manager.
- When you are a Business Owner/Franchisor/Licensor/Agent, Subscription Fees are paid in advance at the time you create an Account on this Website or when you choose a paid advertising package at the end of the Limited Free Trial. You may choose a recurring subscription in which case, Subscription Fees are due automatically upon each monthly renewal.
- When you use other Services, we provide such as advertising banners or once-off valuations, the once-off fee is payable in advance.
- Where You are required to pay Subscription Fees, or where You pay additional fees as stated on the website the relevant Services begin once payment has been received.
- Businessforsale.co.za reserves the right to change its Subscription Fees or billing methods at any time. We will provide timely notice to affected Customers of any such changes.
- We take care to make our website safe for you to use:
- Card payments are not processed on a page controlled by Us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions that you have initiated.
- You carry the responsibility to ensure that your payment card details are kept up to date. If we are unable to process payment from your card / nominated bank account, your account, subscription, and listing/s will be suspended and paused until you rectify the same.
- In the unlikely event that you are not satisfied with our service, you may request a refund of the Subscription Fees that you’ve paid, and we undertake to review your request within 3 (three) days. We will do this on a case by case basis.
- TERMINATION/SUBSCRIPTION SUSPENSION
- These terms will continue for the Duration unless and until terminated by either party at any stage.
- All Our Services are packaged and based on a month-to-month Subscription Fee. There are no minimum duration, sign-up fee, fixed contract or fixed term
- A User may cancel his subscription at any time and may also activate his account at any time.
- If you default on the payment of your Subscription Fees or cancel your Account, your access to the website and online system will be terminated.
- When your account is terminated:
- We will suspend your access to all our Services
- You will not have access to your business listings, inquiries, or registered Buyers
- We will remove your listings from the website.
- BUSINESS OWNERS
- Our website is a marketplace where Businesses/Franchises/Licenses/Property can be advertised for sale. Where you are the owner of such Business/Franchise/License/Property we refer to you as a Business Owner and you may use Our Services to promote and advertise your Business/Franchise/License/Property.
- As a Business Owners you may use our Services and the website:
- By registering as a User directly and creating an Account or;
- By means of using the services of an intermediary who is a registered User with us.
- Our relationship with you as a Business Owner will be either
- In terms of this agreement when you are a registered User with an Account or;
- There will be no contractual relationship between Us and you as a Business Owner.
- We do not investigate the background, nor do we make any comment about the integrity or the ability of the Users that acts as intermediaries. It is your responsibility as a Business Owner to verify the credentials of the person who is servicing you use as an intermediary.
- You warrant that any Business Information that You may capture/display on Our Website as a User will be complete, true, and accurate and will not be misleading.
- You agree to indemnify Usagainst all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether a direct, indirect result of Your use of this Website or breach of these Terms.
- We reserve the right to refuse to upload and/or to remove and/or edit any business listing if, in our opinion We consider such listing to be improper or fraudulent.
- All Visitors/Viewers' messages or inquiries will be delivered to the registered Users with an Account (and not necessarily the Business Owner) via this Website.
- Where you register with Us as a User and you do so on behalf of a Business Owner. You warrant that You have the full authority and permission from such a Business Owner to advertise the Business/Franchise/License/Property on Our website.
- You also warrant and confirm that all the Business Information that you capture on the Online System will be true and accurate and not misleading.
- If you use Our website and any of Our Services, and you do so on behalf of a Third Party, none of your actions, inquiries may lead to or create any contractual relationship between ourselves and You or such Third Party.
- You hereby agree to indemnify Us against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect as a result of Your use of this Website.
- If you register with us as a User and you act on behalf of a Business Owner or Third Party, we will not
- Have any contractual obligation towards such Business Owner or Third Party
- Divulge any of your Third Party Information to any other Broker/Agent/Intermediary
- Contact your client or advertise any other services to your client.
- Be responsible to report to Your client or extent any information to your client.
- Be responsible to inform you that your client also uses the service of another User.
- Our Website creates a marketplace that allows Users to advertise a sale of Business/Franchise/License/Property and attract Visitors/Viewers to browses and view through such listings. Where a Visitors/Viewer has an interest in acquiring a Business/Franchise/License/Property he can confirm this by inquiring via the website and henceforth be recognise as a Buyer.
- You should only contact a party advertising on this Website if You have a genuine interest in obtaining more information about the Business or Franchise being offered. Through Our website, the Visitors/Viewers establish a relationship as a Buyer with a User, and the Personal Information that you capture on the website is made available to such Users.
- You as a Buyer hereby agree to indemnify Us against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect as a result of Your use of Our Website or such relationship with the Users.
- VALUATION TOOLKIT
- We have developed a market-related valuation model to assist Users of the system to value a business.
- The Valuation Toolkit is available for Users with a package that allows access thereto or can be accessed on a once-off basis.
- This valuation is based on User inputs and information provided by the User. The market value from this tool is provided as a written report and is dependent upon the accuracy of the Business Information You capture into the model.
- Your interpretation, knowledge, and opinion of the business, the industry, and macro-economy will determine the factors to be considered when performing the valuation and will influence the outcome of the Valuation.
- When creating a valuation by using our Valuation Toolkit You are the creator and author of such valuation and we will not confirm the accuracy of the outcome or put our stamp of approval on such valuation.
- We may use Your inputs for market research, general data collection, and to improve our Service.