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Website Terms and Conditions
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In these terms and conditions "We/us/our/ABC" means ABC Business Sales Limited. ‘Website’ means the website located at www.businessesforsale.co.nz (or any subsequent URL which may replace it) and all associated websites of ABC and "You/your" means you as a user of the website.
You shall not use the website for any illegal purposes and you will use it in compliance with all applicable laws and regulations.
You cannot use any contact information on our website, such as emails and phone numbers, to send unsolicited commercial electronic messages. No deemed consent to unsolicited commercial electronic messages is provided by the publication of that contact information on our website. You agree not to use the website in a way that may cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired.
You agree not to attempt any unauthorised access to any part or component of the website; and you agree that in the event that you have any right, claim or action against any users arising out of that user's use of the website, then you will pursue such right, claim or action independently of and without recourse to us.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the website, or the use by any other person accessing the website using your pc or internet access account.
We reserve the right to modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
We may alter these terms and conditions from time to time, and your use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.
The website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website.
We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
Use of material and content
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The website and application is Copyright of ABC Business Sales Limited. All rights reserved.
We make no warranties, whether express or implied in relation to the accuracy of any information we place on the website. The website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the website, or products or services offered on the website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the website or products or services offered on the website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available or products or services offered on the website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the website.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the website or products or services offered on the website whether by us or on our behalf for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation, or any loss or corruption of data, or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the website through a third party's hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under New Zealand law where or insofar as such rights cannot be derogated from by contract.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
We take precautions with customer information and personal data, however, except in the case of death or personal injury resulting from our negligence, we do not accept responsibility for any loss or damage resulting from any security breaches that may occur.
What information do we collect?
When you visit our website you may provide us with different types of information: • Personal information you knowingly choose to disclose that is collected on an individual basis • Website use information collected as users browse our website.
Personal information you willingly provide:
1. Registration information
You will be asked to provide us with information about yourself, your firm or company, when you register for certain services, such as email newsletters and alerts. You may also provide additional comments on ABC’s services.
2. Email information
If you choose to communicate with ABC via email, we may keep email messages you send along with your email address and any response from ABC.
3. Website use information
The website may use cookie and tracking programs depending on what is being accessed by the user. Cookie and tracking programs are effective tools for obtaining and collating information such as browser type and operating system, tracking website visitor numbers, and their use of the website. Cookies also help to enhance the website experience for visitors through tailoring the website’s content based on a user’s past use. Personal information is not taken by cookies and tracking programs directly, but they can be tethered to personal information willingly provided by you, all to enhance the user experience of the website. Aggregate cookie and tracking information may be shared with third parties such as Google.
What we do with the information we gather
- Our records;
- Improvement of our services;
- Any and all communications and publications we send out to users subscribed with us;
We use the information you provide to ensure a personalised experience on our website, in addition, data is kept for the following purposes:
Distribution of information
ABC may share information with authorities to assist in the prevention of fraud or other criminal offences. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided in this context for any other purpose.
Commitment to Data Security
Any information you provide is kept secure. Only authorised representatives of ABC (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
NOTE: We wish to advise that from time to time, this policy may be updated or modified to ensure ABC keeps abreast of any legislative changes or otherwise and to ensure users benefit from any changes to the same. Please review this policy on a periodic basis to check for changes.