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TERMS &
CONDITIONS

VISION BROKERS PTY LTD – WEBSITE TERMS & CONDITIONS
 
Key Terms:

 

Our complete website terms and conditions (Terms) are contained below, but some important points for you to know before you use our Site or our Content are set out below:

  • We exclude all express and implied warranties, representations, and guarantees of any kind relating to the Site or the Content.

  • Your reliance on the Site (and any Content) is at your sole risk.

  • We exclude all liability, for any loss or damage of any kind (including Consequential Loss) arising out of or in connection with your use of the Site (and any Content) or any delay, unavailability, or errors in the Site (and any Content on it).

  • We may amend these Terms at any time by publishing updated terms on our Site.

 

Nothing in these terms limits your rights under the Australian Consumer Law. 

1. Introduction

  • This Site is operated by Vision Brokers Pty Ltd (ABN: 57 253 499 371) (we, our, or us).

  • These Terms are between us and you, the party using the Site.

  • If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

2. Acceptance, term, and amendment

  • You accept these Terms by the earlier of; (1) ticking a box online indicating your acceptance of these Terms; and/or (2) using our Site. 

  • We recommend you carefully read these Terms to ensure you understand and agree to them before using our Site or the Content.

  • We may, at any time and at our discretion, vary or terminate these Terms by publishing varied Terms on the Site or advising you via our Site. 

  • We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

  • We may, at any time and without notice, add or remove Content from or to the Site.
     

3. Use of Site


(a)    You must not use the Site unless you are at least 18 years old. 
(b)    When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

  • using the Site to defame, harass, threaten, menace, or offend any person;

  • using the Site for unlawful purposes;

  • interfering with any user of the Site;

  • tampering with or modifying the Site (including by transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site);

  • using the Site to send unsolicited electronic messages; 

  • using data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site; or

  • facilitating or assisting a third party to do any of the above acts.

(c)    We do not warrant that access to the Site will be uninterrupted, error-free, or free from viruses and exclude all liability arising in respect thereof. 


4. Your User Content


(a)    As a Client to whom we provide Services, we may ask you to provide relevant information and content related to your business for us to make available on our Site for marketing purposes (User Content). 
(b)    If you make any User Content available to us for us to make available on our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site. 
(c)    We agree to only modify User Content to the extent reasonably required by us. 
(d)    You may request that any of your User Content is removed from the Site by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
(e)    You agree that you are solely responsible for all User Content that you make available to us for use on our Site. You represent and warrant that: 

  • you are either the sole and exclusive owner of such User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);

  • neither the User Content nor the posting, uploading, publication, submission, or transmission of the User Content by us on our Site or our use of the User Content on, through, or by means of our Site will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and

  • such User Content is true, correct, and not misleading in any manner.

(f)    To the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur, or otherwise become liable for, arising from or in connection with any claim by a person that any of your User Content infringes the Intellectual Property Rights of any person or is misleading or deceptive to any extent or is in violation of any other applicable law or regulation.
(g)    We do not endorse or approve, and are not responsible for, any User Content made available by you or any other Client or person. We may, at any time (at our sole discretion), remove any User Content.


5. Our Content

  • From time to time we make available content, materials, and information on our Site relating to our Services including the User Content (Content).

  • Some of the Content on our Site is made available to us via third parties (for example, the User Content). While we use reasonable attempts to ensure the accuracy and completeness of the Content on our Site, some of the Content is unable to be verified by us (including Content made available by third parties) and may not be comprehensive or accurate.

  • You agree that any information contained on the Site (including the Content) is not intended to provide legal, tax, or financial advice. The Content is for general information only. The Content has not been adapted to your personal circumstances. Your personal financial situation is unique and any information and advice obtained through the Content may not be appropriate for your situation. 

  • To the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness, or suitability for you of any of the Content and exclude all express and implied warranties, representations, and guarantees of any kind in respect thereof. 

  • The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. 


6. Intellectual Property 

  • All Intellectual Property developed, adapted, modified, or created by us or our personnel (including in connection with the Site, the Content, and these Terms) (Our Intellectual Property) will at all times vest, or remain vested, in us.

  • Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest (including any Intellectual Property Rights) in relation to our Site or the Content except as set out in these Terms.

  • We authorise you to use Our Intellectual Property solely for your own personal, use, and in the manner in which it was intended to be used.

  • You must not, without our prior written consent breach any Intellectual Property Rights connected with the Site or the Content.

  • In the use of any Intellectual Property in connection with these Terms or our Site, you must not (and you must ensure that your personnel does not) commit any Intellectual Property Breach.

  • This clause will survive the termination or expiry of these Terms.


7. Warranties


You represent, warrant, and agree that:

  • you will not use our Site, including the Content, in any way that competes with our business;

  • there are no legal restrictions preventing you from entering into these Terms;  

  • (c)    all information and documentation that you provide to us in connection with these Terms or User Content or the Site is true, correct, and complete;  

  • you have not relied on any representations or warranties made by us in relation to the Site or the Content (including as to whether the Site or Content is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

  • you will be responsible for the use of any part of the Site or the Content, and you must ensure that no person uses any part of the Site or Content: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Site.


8. Exclusions to Liability

  • You may have certain rights under the Australian Consumer Law in relation to the Site and the Content (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the Australian Consumer Law. You agree that our Liability relating to the Site and the Content and arising out of or in connection with your use of the Content or our Site is governed solely by the ACL and these Terms.

  • Subject to your Statutory Rights, we exclude all express and implied warranties, representations, and guarantees of any kind relating to the Site or the Content (whether under the statute, law, equity, or on any other basis), unless expressly stipulated in these Terms and your reliance on the Site (and any Content) is at your sole risk.

  • Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all Liability, (and you waive and release us from and against any Liability), for any loss or damage of any kind (including Consequential Loss) arising out of or in connection with the Site (and any Content) or any delay, unavailability or errors in the Site (and any Content on it).

  • This clause will survive the termination or expiry of these Terms.


9. Privacy collection notice

  • We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site www.vbaaustralia.com.au) sets out how we will collect and handle your personal information.

  • We collect and handle your personal information when you use our Services, make an enquiry with us, access our website or online content, contact us via phone or via our website, and/or apply for a role with us (Privacy Collection Notice). 

  • We collect personal information from you so that we can provide our Services to you, answer any enquires you submit to us, deliver our Website to you, and for the purposes otherwise set out in our Privacy Policy. 

  • We collect personal information from you and from third parties, including if you sign up as a Client to receive our consulting Services, your solicitor/ accountant/ business customers so that we can provide you with our Services, and for related purposes set out in our Privacy Policy.

  • We may disclose this personal information to third parties, including if you are a Client, potential buyers or if you are a potential Purchaser, our Clients, our related entities, any third parties engaged by us and acting on our behalf (including our web-hosting and server providers SalesForce CRM and DropBox) and as otherwise set out in our Privacy Policy (linked above and as otherwise set out in our Privacy Policy. 

  • While we store personal information in Australia, where we disclose your personal information to third parties listed in our Privacy Policy, these third parties may store, transfer or access personal information outside of Australia. 

  • If you do not provide your personal information to us, it may affect our ability to provide our Services to you and your use of our Services and we may not be able to provide our Services to you.

  • Our Privacy Policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information, how you can make a privacy-related complaint, and our complaint-handling process. Please let us know if you have any questions regarding our Privacy Policy.

  • By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.


10.  General

  • Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 

  • Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

  • Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

  • Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 

  • Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

  • Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. 

  • Third-party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third-party website linked to the Site, such a third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third-party links are Affiliate Links. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability arising out of or in connection with your reliance on Affiliate Links.


11. Definitions


(a)    Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time; 
(b)    Client means a person or party to whom we provide consulting services related to business sales, strategic business exits, mergers, and acquisitions and with whom we enter into an Agency Agreement;
(c)    Consequential Loss includes any consequential, special or indirect loss, damage or expense, or any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss (whether under the statute, contract, equity, tort (including negligence), indemnity or otherwise, and howsoever arising);
(d)    Content means any materials or information available on our Site including the User Content and our marketing content and documents relating to our Services;
(e)    Intellectual Property means any copyright, registered or unregistered designs, patents or trade mark rights, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, computer programs, databases or source codes (including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing);
(f)    Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights or of any third party rights (including any Intellectual Property Rights of third parties), including, but not limited, to you (or your Personnel): 

  • copying, altering, enhancing, adapting, or modifying any of Our Intellectual Property; 

  • causing any of Our Intellectual Property to be framed or embedded in another website; 

  • creating derivative works from any of Our Intellectual Property;

  • providing or disclosing Our Intellectual Property to, or allowing Our Intellectual Property to be used by, any third party; 

  • assigning or transferring any of Our Intellectual Property Rights or granting sublicenses of any of our Intellectual Property Rights, except as expressly permitted in this Agreement;

  • reverse engineering or decompiling any of Our Intellectual Property Rights, except where permitted by Law; or

  • using or exploiting Our Intellectual Property for purposes other than as expressly stated in this Agreement (including, without limitation, using Our Intellectual Property for commercial purposes or on-selling Our Intellectual Property to third parties).

(g)    Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property;
(h)    Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a party or otherwise;
(i)    party means a party to these Terms being a Client, Purchaser or any user of our Site;
(j)    Purchaser means a person or party looking for business opportunities via our Services;
(k)    Services means the consulting services we provide to Clients and the business opportunities we market to Purchasers via our Site, third-party websites (that change from time to time), or in person;
(l)    Site means our website located at www.vbaaustralia.com.au

For any questions and notices, please contact us at:
Vision Brokers Pty Ltd (ABN: 57 253 499 371) 


Email: info@vbaaustralia.com.au


Last update: 24 February 2022


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