1. BusinessSearch.com.au is operated by Media Architecs Pty Ltd (ACN 123 589 060). Access to and use of BusinessSearch.com.au and other linked sites operated by us (collectively "Business Search") is subject to these Terms.

2. These Terms may change from time to time to reflect our evolving business, or if we are required by law, or for security reasons.

3. If any of these Terms are invalid, unenforceable or illegal, that term will be severed and the remaining terms will remain in force.

4. Business Search is an online advertising medium that acts as a business directory for Australian businesses and advertises businesses for sale where potential buyers/ customers can browse listings and then contact sellers/ advertisers directly to negotiate the sale, or use of a product or service.

5. We are not involved in transactions between sellers/ advertisers or their agents and buyers/ customers. We have no control over and make no warranties in relation to, the accuracy, legality or truth of any advertising listings on Business Search or the ability of sellers/ advertisers and buyers/ customers to actually enforce or complete a transaction.

Content

6. Copyright in the content on Business Search, as a compilation of information is owned by us.

7. The information on Business Search is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.

8. We may remove or alter any information or material provided to us if we reasonably consider it is incorrect, misleading or deceptive, inappropriate, offensive, defamatory or in breach of these Terms, any law or third party rights.

9. You agree that we may access your records and systems and/or contact you to verify or clarify any information regarding information or material you have provided us. You agree to provide such additional information as we reasonably require.

10. Whilst we endeavour to ensure availability of our services and access to Business Search, access and availability of our services may be interfered with by numerous factors, including but not limited to equipment of software malfunction, or Internet access/ transmission difficulties. We do not warrant that our services or access to Business Search will be uninterrupted, timely, secure, or fault or virus free.

11. We do not warrant or represent that any a seller/ advertiser or agent has any particular qualifications or is legally entitled to carry on a particular business.

12. We do not warrant or represent to have any control over the accuracy of any advertisement or related information. It is the responsibility of the buyer/ customer to investigate the suitability, quality and condition of any business, product, service, equipment and stock, and to verify any information before relying on it.

13. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the Business Search site and do so entirely at your own risk.

Usage rules

14. No agency, partnership, joint venture or employment relationship is intended or created by these Terms.

15. You warrant that you will not use Business Search for any purpose that is unlawful or prohibited by these Terms.

16. No content on Business Search should be used, reproduced, communicated, published or distributed without our prior consent. We permit the download and print of individual advertising listings from Business Search for private, non-commercial use only.

17. Users agree to not:

    1. conduct manual or automated searches on Business Search whether through the use of additional software or otherwise for the purposes of data mining/ address harvesting;

    2. use Business Search or any of its services for any activities, or transmit to Business Search any information or material which:

       1. breach any laws or regulations;

       2. breach these Terms;

       3. infringe a third party's rights (including intellectual property rights or trade secrets);

       4. are inappropriate, offensive, obscene, threatening, defamatory or confidential to any person or organisation;

       5. are false or misleading;

       6. identify a person or which can be used to identify a person without that persons authority;

    3. make unauthorised modifications to, tamper with or hinder the operation of Business Search or any of its content;

    4. transmit any virus, worm, Trojan horse or other disabling feature to or via Business Search;

    5. use Business Search to send unsolicited or bulk electronic messages in any way which would constitute an infringement of the Spam Act 2003 (Cth); or

    6. attempt to do, permit or instruct another person to do, any of the above acts.

Privacy

18. We collect certain personal information from you in order for you to register as a seller/ advertiser or buyer/ customer. If you do not send us the information we require, we will not be able to accept your registration.

Advertising rules

19. You must be at least 18 years of age to register as an advertiser.

20. If you are a advertiser or agent you must be legally able or authorized to sell the business, products or services you are advertising.

21. Advertisements may only include text descriptions and graphics relevant to that business.

22. You must ensure that any phone number listed in your ad is correct and that you have permission to use it.

23. You hereby assign all copyright in your ad to us. It is your responsibility to procure any necessary authorisation from authors of work you include as part of your ad.

24. Where GST is applicable on any business sale (in particular non-going concerns), product or service you must specify the GST component in the advertisement.

25. Only ads fully completed and paid for will be accepted.

26. We make no guarantees or representations regarding placement of your ad. We also reserve the right to edit, determine the duration of, change the nominated "Category" of, withdraw or refuse an ad.

27. You may cancel or withdraw your advertisement at any time. It is the advertisers responsibility to ensure that the advertisement is removed upon sale of the business.

Payment Terms

28. Advertising fees are pre-paid and charged at the time of placement of the advertisement and are non-refundable irrespective of length of time advertised on Business Search.

29. We may, without your consent or any payment to you, place third party ads on any Business Search web page.

30. You are responsible for paying all fees and taxes (including GST) associated with placing an ad on Business Search.

31. We may charge you an account-keeping fee if your payment is declined.

32. Unless otherwise provided, all fees listed on this Business Search site are inclusive of GST.

33. We accept Visa and MasterCard, credit cards via the PayPal payment system. We do not permanently store credit card numbers.

Termination, suspension and limitation of member access

34. We may terminate, suspend or limit your access to Business Search at any time if:

    1. you are in breach of these Terms;

    2. we reasonably believe that there is a real risk of loss or damage to us or a third party;

    3. the law requires us to do so;

    4. we believe on reasonable grounds that providing access to the Business Search site to you is illegal or may become illegal; or

    5. there is an emergency.

35. Any advertisements placed by you will be immediately removed without further notice and all fees paid will be forfeited, if we have terminated, suspended, or limited your access, and you have circumvented this action by any means, including but not limited to registering under a pseudonym or other account name.

Liability

36. We are not liable for any loss:

    1. caused by you including through your negligence or breach of contract;

    2. resulting from your failure to take reasonable steps to avoid or mitigate your loss; or

    3. caused by events outside our reasonable control including but not limited to equipment or software malfunction, or Internet access/ transmission difficulties.

37. You agree to indemnify us and our representatives, employees and agents, against all claims, demands, damages, costs, and liabilities caused by your breach of these Terms.

38. If we do not act in relation to a particular breach of these Terms, this will not be treated as a waiver of our right to take action against any past or continuing breaches made by you.

Jurisdiction/ Governing Law

39. We do not represent or warrant that the content on the Business Search site complies with the laws of any country outside of Australia. If you access Business Search from outside of Australia, you do so at your own risk.

40. These Terms are subject to the laws of Queensland, Australia.