Welcome to BusinessesForSale.com. This Website is owned and operated by Dynamis Ltd. If You are based in a country listed in Part 8 of these Terms, then Dynamis APAC Pty Ltd is Your contracting entity for the purposes of these Terms. If You are based in a country which is not listed in Part 8 of these Terms, then Dynamis Ltd is Your contracting entity for the purposes of these Terms.
These Terms (as defined below) are important so please read them carefully.
Part 1 will always apply when You use this Website. If you want to use Buyer Services, Directory Services or Seller Services, You have to create an Account and other Parts of these Terms will apply.
Part 2 will apply where You wish to create an Account on this Website to receive the Services.
Part 3 will apply where You wish to use the Seller Services.
Part 4 will apply where You are a Broker or wish to use the Directory Services.
Part 5 will apply where You wish to use the Buyer Services.
Part 6 will apply where You wish to use valuation services on BusinessesForSale.com.
Part 7 additional terms for other advertising services.
Part 8 sets out the countries for which Dynamis APAC Pty Ltd are responsible.
Part 9 applies where You wish to use MergerVault.
If You do not agree to these Terms please do not use this Website or the Services.
Dynamis reserves the right to change these Terms at any time and You should print a copy of these Terms for Your records. You should check back regularly to see if they have changed as they will be effective from the next time that You access this Website or the Services and Your continued use of this Websites and the Services shall indicate Your acceptance of any change. Dynamis will make every effort to communicate these changes to You by notification on this Website or by email.
|Account:||the account You set up when You register on the Website.|
|Buyer:||an individual acting in a commercial capacity or the company or trading entity on behalf of which an individual uses the Buyer Services.|
|Buyer Services:||the services available on this Website if users are interested in purchasing a business or franchise, which are more particularly described on the sections of this Website related to "Buyers".|
|Content:||any text, advertisement, images, graphics, sounds, videos, films, logos, information or other materials.|
|Data Controller:||means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.|
|Data Processor:||means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.|
|Data Protection Legislation:||means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.|
|Data Subject:||means an individual who is the subject of Personal Data.|
|Directory Services:||the services available on this Website if You are a Broker, which are more particularly described on the "Services Directory" section of this Website.|
|Duration:||the applicable length of time for which You pay a Subscription Fee (if any) as set out in the Fee Model. In the case of the Seller Fee this shall be a minimum period of 12 months from Account creation and acceptance unless terminated earlier.|
|Dynamis:||Dynamis Ltd and/or Dynamis APAC Pty Ltd.|
|Dynamis APAC Pty Ltd:||Dynamis APAC Pty Ltd, a wholly owned subsidiary company of Dynamis Ltd, is registered in Australia. Address: Level 33, Australia Square, 264 George Street, Sydney NSW 2000, Australia. ABN: 68 167 647 850. All customers based in the Asia Pacific (APAC) region are looked after by Dynamis' Australian office. See the full list of APAC countries in Part 8 below.|
|Fee Model:||the model selected by You for the relevant Services when You agree to these Terms which determines the Subscription Fee (if any) and Duration and any other terms which appear on the Website or are provided by Your account manager in relation to the relevant model. This shall not apply to the Seller Services which shall be governed by the Seller Fee Model.|
|IPR:||any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.|
|MergerVault:||a service provided by Dynamis to Brokers and Sellers to provide additional information about Buyers referred through the Website.|
|Other Advertising Services:||the advertising services available on this website if you are not a buyer, Broker, seller or other intermediary. This includes, but is not limited to, all banner advertising found throughout this Website and ad hoc third party email campaigns.|
|Partner Websites:||any websites, other than the Website, operated by Dynamis.|
|Personal Data:||the potential refund of the Seller Fee as set out in Part 3.|
|Refund Guarantee:||the potential refund of the Seller Fee as set out in Part 3.|
|Seller:||an individual acting in a commercial capacity or the company or trading entity on behalf of which an individual uses the Seller Services.|
|Seller Fee:||the fees (which may be a one-off fee, periodic fees or a combination of both) payable by You to Dynamis for the relevant Services. The applicable fee shall be as set out in the Fee Model selected by You save for Seller Services which shall be the Seller Fee.|
|Seller Services:||the services available on this Website if users are interested in selling a business, which are more particularly described on the sections of this Website related to "Sellers".|
|Services:||the Buyer Services, Directory Services, Seller Services, ValueRight, Other Advertising Services or any other services made available to You through this Website.|
|Subscription Fee:||the fees (which may be a one-off fee, periodic fees or a combination of both) payable by You to Dynamis for the relevant Services. The applicable fee shall be as set out in the Fee Model selected by You.|
|Terms:||these terms and conditions of use.|
|ValueRight:||a service/tool available on this Website, which provides an estimation of the value of Your business.|
|Website:||the internet site at the domain businessesforsale.com and all its subdomains.|
|You or Your:||(as appropriate) a Buyer, a Seller, a Broker or other individual acting in a commercial capacity who accepts these Terms or the company or trading entity on behalf of which an individual accepts these Terms.|