Terms of Use
Thank you for visiting Private Business your trusted platform for buying and selling businesses in Australia. By accessing or using our website, you agree to comply with and be bound by these Terms of Use. Please read this agreement carefully, as it governs your use of our services, your access to the Site, and the various tools and resources we provide.
Our goal is to make your business buying or selling experience seamless and efficient. Whether you’re a business owner looking to sell or a potential buyer seeking the right opportunity, we strive to offer a secure environment that connects sellers and buyers in a trusted online space.
Please note: You must be 18 years or older to use this Site and create an account. If you do not agree with these Terms, please refrain from using the Site.
These Terms of Use are effective as of [Insert Effective Date] and may be updated periodically. We encourage you to review these Terms regularly for any changes.
1. About Us and Intellectual Property (IP)
1.1 Ownership and Operation
PrivateBusiness.com.au is owned and operated by [Private Business Pty Ltd]. All references to “Private Business“, “we“, “our“, or “us” refer to [Private Business Pty Ltd], including its officers, directors, employees, and agents. Our platform is dedicated to connecting buyers and sellers of businesses, providing a trusted space for businesses and franchises to be listed for sale.
1.2 Our Services
PrivateBusiness.com.au is an online marketplace that allows business owners, brokers, agents, and franchise groups to advertise businesses and business opportunities for sale. We act as an advertising platform and intermediary but do not participate directly in the buying or selling transactions. We do not offer professional advice regarding business valuations, sales, or other business-related matters. Users are encouraged to seek their own independent legal, financial, and professional advice.
1.3 Intellectual Property Ownership
All content and materials displayed on PrivateBusiness.com.au, including but not limited to text, images, logos, graphics, software, advertisements, trademarks, and other intellectual property (collectively, “Intellectual Property“), are owned or licensed by [Private Business Pty Ltd] and are protected by applicable intellectual property laws, including copyright, trademark, and other relevant laws.
1.4 Use of Intellectual Property
You may not modify, reproduce, distribute, transmit, display, or otherwise use any content or materials from the Site, unless you have received prior written consent from [Private Business Pty Ltd]. All rights not expressly granted to you are reserved by [Private Business Pty Ltd].
2. Accuracy of Information
2.1 No Warranty on Information
While we strive to provide accurate, current, and reliable information on PrivateBusiness.com.au, we do not warrant the accuracy, completeness, or reliability of any content or advertisements posted by third-party users. All listings and information provided on our Site are submitted by users, including business owners, brokers, agents, and franchise groups. As such, we do not guarantee the accuracy of any business or franchise details, including financial information, descriptions, or valuations.
2.2 Not a Substitute for Professional Advice
The content and information available on PrivateBusiness.com.au are intended for general informational purposes only and should not be considered a substitute for professional legal, financial, or business advice. It is your responsibility to seek independent advice from qualified professionals before making any decisions regarding buying or selling a business or franchise.
2.3 Limitation of Liability
You acknowledge and agree that [Private Business Pty Ltd] will not be held responsible for any inaccuracies, errors, or omissions in the information on the Site. [Private Business Pty Ltd] is not liable for any losses, damages, or other consequences arising from the use of the information available on the Site, including but not limited to business decisions made based on inaccurate or incomplete information.
3. Your Access and Interference
3.1 Prohibited Activities
You agree to use PrivateBusiness.com.au solely for lawful purposes and in accordance with these Terms of Use. You must not engage in any activity that interferes or attempts to interfere with the proper functioning of the Site. This includes, but is not limited to, the distribution of viruses, malware, or other harmful technologies that may damage, disrupt, or restrict the use of the Site or any of its associated infrastructure. You must not use any automated system, such as a robot, spider, or scraper, to access, collect, or harvest data from the Site without our express permission.
3.2 No Harvesting or Collection of Personal Information
You agree not to harvest, collect, or otherwise gather personal data about other users without their consent. This includes, but is not limited to, email addresses, contact details, or any other information provided by users on the Site. You must not bypass any measures we have put in place to prevent or restrict access to the Site, including any restrictions to prevent automated access or scraping of data.
3.3 Access to the Site
We cannot guarantee uninterrupted, continuous, or secure access to PrivateBusiness.com.au. The operation of the Site may be subject to disruptions, whether due to technical difficulties, network issues, or other factors beyond our control. Accordingly, we do not provide any warranties, express or implied, regarding the availability, performance, or security of the Site.
3.4 Termination of Access
We reserve the right to suspend, limit, or terminate your access to the Site at our discretion, without notice, if we believe you have violated any of these Terms, engaged in prohibited activities, or caused harm to the Site or other users.
4. Third-Party Links
4.1 Links to External Websites
PrivateBusiness.com.au may contain links to third-party websites that are not owned, operated, or controlled by [Private Business Pty Ltd]. These links are provided for your convenience and to offer additional resources or information related to business buying and selling. We are not responsible for the content, practices, or privacy policies of these third-party websites, and we do not endorse or guarantee the accuracy of the information on those sites.
4.2 No Endorsement of Third-Party Content
Any link to a third-party site does not imply endorsement, approval, or affiliation with that website or its content. You access and use these third-party sites at your own risk. We encourage you to review the terms and conditions, privacy policies, and practices of any third-party websites you visit via links on our Site.
4.3 Liability Disclaimer for Third-Party Websites
To the extent permitted by law, [Private Business Pty Ltd] accepts no liability for any loss, damage, or other consequences arising from your use of or reliance on third-party websites linked to PrivateBusiness.com.au. We are not responsible for any errors, omissions, or issues that may arise from these third-party sites, including financial transactions or data security concerns.
5. Your Account and Obligations
5.1 Creating an Account
To access certain features and services on PrivateBusiness.com.au, you may need to create an account by providing a valid email address and creating a password. Once registered, you will have access to your personal account and can use features such as posting business listings, saving searches, and contacting sellers or buyers.
5.2 Account Security
You are responsible for maintaining the confidentiality of your account details, including your email address, password, and any other information related to your account. You agree to notify [Private Business Pty Ltd] immediately if you suspect any unauthorized access or use of your account.
5.3 User Responsibilities
You are solely responsible for all activity that occurs under your account, whether or not you authorized the activity. You agree to comply with all applicable laws and regulations in your use of the Site. This includes, but is not limited to, ensuring that the information you provide on your account is accurate, complete, and kept up to date.
5.4 Creating and Managing Listings
In order to post a business or franchise for sale, you must create an account. By posting a listing, you agree that all information provided is truthful, accurate, and not misleading. You are responsible for ensuring that your listing complies with our Listing Rules and is updated regularly to reflect the current status of the business.
5.5 Third-Party Account Linking
You may also choose to link your account with a third-party service (such as Facebook or Google) to simplify your registration and login process. By linking your account to a third-party service, you grant us permission to access, store, and use the information associated with that third-party account in accordance with our Privacy Policy.
5.6 Account Accuracy and Updates
You must ensure that your account details, including but not limited to your name, email address, business information, and payment details, are accurate, complete, and kept up to date. It is your responsibility to inform us of any changes to your account information promptly.
5.7 Prohibited Use of Account
You must not use your account to promote or offer services to other users without express permission from [Private Business Pty Ltd]. Any account found to be used for unauthorized purposes, including providing services to other users or misrepresenting your business, will be suspended or terminated at our discretion.
5.8 Non-Transferability of Account
Your account is personal to you and cannot be transferred or assigned to any other individual or entity without our prior written consent.
5.9 Fraudulent or Misleading Accounts
We reserve the right to close or suspend any account that is found to be fraudulent, misleading, or in violation of these Terms. Any suspicious activity will be investigated, and the account may be reported to relevant authorities if necessary.
5.10 Access to Account Services
The purpose of your account is to buy or sell a business or franchise. You are not authorized to use the account for any other purpose, such as reselling or offering services to other users, without our written consent. Any misuse of your account will result in its suspension or termination.
6. Intellectual Property Rights in Your Content
6.1 Ownership of Content
By posting content on PrivateBusiness.com.au, including business listings, images, text, videos, or any other materials (collectively, “Your Content”), you affirm that you are the rightful owner of the content or have obtained all necessary permissions and licenses to post such content. You retain all ownership rights to Your Content, subject to the licenses granted herein.
6.2 Grant of License to [Private Business Pty Ltd]
By submitting Your Content to PrivateBusiness.com.au, you grant [Private Business Pty Ltd] a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and transferable license to use, copy, modify, distribute, display, and perform Your Content in connection with the operation of the Site and its services, including promotional materials, advertising, and third-party websites.
6.3 Moral Rights
You agree to waive any moral rights you may have in Your Content, including the right to attribution or to object to the modification of the content, to the extent permitted by law. If your Content includes any material that is subject to the moral rights of third parties, you confirm that you have obtained all necessary consents from those third parties.
6.4 Content Compliance with Laws
You are solely responsible for ensuring that Your Content does not infringe any applicable intellectual property rights, laws, or regulations. This includes respecting copyright, trademark, privacy, and any other legal rights of third parties. You represent and warrant that the content you post does not violate or infringe upon any laws, including but not limited to defamation, privacy, or intellectual property laws.
6.5 Removal of Content
You have the right to remove Your Content from the Site at any time by either editing your listing or deactivating your account. However, you acknowledge that [Private Business Pty Ltd] may retain copies of Your Content in backup or archival systems for a reasonable period following removal, and Your Content may continue to be visible on cached or archived pages of the Site for some time after removal.
6.6 Third-Party Content
If Your Content contains material that is owned by third parties (such as images, music, logos, or text), you are responsible for obtaining the necessary rights and licenses to use that material. By posting third-party content, you warrant that you have the appropriate authorization to use it and to grant the license to [Private Business Pty Ltd] as described above.
6.7 Rights to Modify or Delete Content
While we do not routinely monitor content posted on the Site, we reserve the right to remove or modify Your Content if we believe it violates these Terms of Use, infringes upon intellectual property rights, or is otherwise inappropriate. We may also remove content that is irrelevant, outdated, or deemed harmful to other users or the platform.
7. Payment for Services
7.1 Payment for Listings and Services
To access certain services on PrivateBusiness.com.au, such as posting a business listing, premium placement, or additional features, you may be required to pay a fee. The applicable fees for services will be clearly stated on the Site before you submit any payment. By using these paid services, you agree to pay the fees associated with your use of these services in accordance with the terms specified.
7.2 Payment Methods
We accept various payment methods as outlined on the Site, including credit/debit cards and other payment options. All payments are processed securely, and you agree to provide accurate and complete billing information when making a payment.
7.3 Payment Terms
Listings and services will only be activated once full payment has been received or if an alternative arrangement has been agreed upon (e.g., trial periods or deferred payments). If you choose to pay via a subscription or recurring payment method, you authorize us to charge your selected payment method on a recurring basis as specified during your account setup.
7.4 Changes to Fees
We reserve the right to change our fees from time to time. Any changes to fees will be communicated to you through the Site, and will be effective upon posting. If you have an active subscription, any fee changes will apply at the start of the next billing cycle.
7.5 Late Payments
If your payment method fails or your account becomes overdue, we may suspend or remove your listings or access to premium features until outstanding payments are settled. We may also charge additional fees, including administrative fees or legal costs, to recover overdue payments.
7.6 Refunds
Unless otherwise specified, payments for services are non-refundable. If you believe there has been an error or issue with the services provided, you may contact us to discuss the matter. We will assess your situation on a case-by-case basis but do not guarantee a refund.
7.7 Manipulating Payment Processes
You agree not to manipulate, circumvent, or interfere with our payment process, including avoiding or attempting to avoid payment for services rendered on the Site. Any attempt to do so may result in suspension or termination of your account and other legal actions as necessary.
7.8 Taxes
You are responsible for any taxes that may apply to the services you use on PrivateBusiness.com.au. This includes any local, state, or federal taxes that may apply to payments for services in your jurisdiction.
8. Content Removal
8.1 Obligation to Update Content
You are responsible for keeping your content, including business listings and advertisements, accurate and up to date. If the status of your business changes (e.g., it is sold, under offer, withdrawn, or no longer available), you must promptly update your listing on PrivateBusiness.com.au to reflect the current status. Failure to do so may result in your content being removed or your account being suspended.
8.2 Removal of Content at Our Discretion
We reserve the right to remove any content from the Site at our discretion. This may include content that violates these Terms of Use, infringes upon intellectual property rights, or is deemed misleading, offensive, inappropriate, or harmful to other users. Additionally, if we are notified that your business has been sold, is no longer for sale, or is withdrawn from the market, we may remove the content associated with your listing.
8.3 Inactivity or Expired Listings
We may automatically remove or archive listings that have been inactive for an extended period, or those that have not been updated to reflect the status of the business. If your listing has expired, you may be notified to renew or update it.
8.4 Content Removal Due to Legal Obligations
We may remove content if we are required to do so by law, regulation, or legal request, such as a court order or government directive. If your content violates any law, regulation, or infringes upon the rights of third parties, we may be obligated to remove it to comply with legal obligations.
8.5 Voluntary Content Removal
You may request the removal of your content at any time. If you wish to remove your business listing or any other content from the Site, you can do so by accessing your account and editing or deleting the relevant content. Please note that some content may still be retained in backup systems for a reasonable period even after it has been removed from public view.
8.6 No Guarantee of Content Visibility
While we make efforts to ensure that your content is displayed on the Site, we do not guarantee the visibility, ranking, or duration of your listing. We may choose to remove or adjust the visibility of your content based on factors such as site maintenance, content quality, or compliance with these Terms.
9. Cancelling Your Account
9.1 Right to Suspend or Terminate Accounts
We reserve the right to suspend, limit, or cancel your account at any time and without notice if we believe that you have violated any of these Terms of Use, engaged in unlawful activities, or are otherwise using the Site in a manner that is detrimental to PrivateBusiness.com.au, its users, or third parties. This includes, but is not limited to, fraudulent activities, misrepresentation, or failure to comply with our content guidelines.
9.2 Inactive or Unconfirmed Accounts
We may also suspend or cancel accounts that are inactive for an extended period, unconfirmed (i.e., not fully verified), or have not been updated as required. If your account is inactive for a long period, we may contact you to verify your continued interest in keeping the account active.
9.3 Accounts in Violation of Laws or Policies
If we discover that your account is involved in illegal activities, infringes upon intellectual property rights, or otherwise violates these Terms, we may immediately terminate your account. This includes actions that harm other users, breach privacy laws, or violate any other applicable regulations.
9.4 Competition or On-Selling
We reserve the right to suspend or cancel accounts that we believe are in direct competition with PrivateBusiness.com.au or that engage in the unauthorized on-selling of our services or products. Any activity that involves reselling our services, accounts, or listings without our express written consent will result in account termination.
9.5 Outstanding Payments
If you have unpaid fees or outstanding invoices, we may suspend or cancel your account until all debts are settled. Accounts with overdue payments may also incur additional fees, including legal costs, associated with the collection of outstanding amounts.
9.6 Voluntary Account Cancellation
You have the right to cancel your account at any time by following the account cancellation process through your account settings or by contacting our support team. Once you cancel your account, you may lose access to all paid features and services, and any content associated with your account may be removed from the Site. Please note that some of your data may be retained for legal or operational reasons, in accordance with our Privacy Policy.
9.7 Effect of Account Cancellation
Upon cancellation or termination of your account, you will no longer have access to any content or services associated with the account, including your business listings, saved searches, or notifications. You remain responsible for any outstanding obligations, including payment for services rendered prior to cancellation.
10. Direct Marketing
10.1 Marketing Communications
By using PrivateBusiness.com.au, you consent to receiving direct marketing communications from us, including promotional materials and information about services that we believe may be of interest to you. These communications may be sent via email, SMS, or other communication channels, and may include details about new features, listings, or special offers.
10.2 Opting Out of Direct Marketing
You have the right to opt out of receiving marketing communications at any time. To unsubscribe from promotional emails, you can follow the “unsubscribe” link included in the email, or you may contact us directly via the contact information provided on the Site. Once you opt out, we will cease sending you marketing communications, although we may still send you important administrative messages regarding your account or services you have used.
10.3 Buyer Alerts and Notifications
If you choose to receive buyer alerts or notifications based on your search criteria or preferences, you will receive updates when new business listings or franchise opportunities that match your specified criteria are posted. You can manage your notification preferences through your account settings, and you may opt out of these alerts at any time.
10.4 Third-Party Marketing
We may share your contact information with trusted third-party partners who may send you marketing materials related to business buying, selling, or other relevant services. However, we will not share your personal information for marketing purposes without your consent. You can opt out of receiving third-party marketing communications by adjusting your marketing preferences or contacting us directly.
10.5 Tracking and Analytics
We may use tracking technologies, such as cookies, to personalize your experience on the Site and to analyze how users interact with our marketing materials. These analytics help us improve the content and effectiveness of our marketing campaigns. For more information on how we collect and use data for marketing purposes, please refer to our Privacy Policy.
11. Privacy and Cookies
11.1 Privacy Policy
By using PrivateBusiness.com.au, you agree to the collection, use, and storage of your personal information as described in our Privacy Policy. We are committed to protecting your privacy and handling your personal data in accordance with applicable privacy laws. Our Privacy Policy explains what information we collect, how we use it, and your rights regarding your data.
11.2 Consent to Data Collection
When you create an account, interact with the Site, or use our services, you provide us with personal information, including but not limited to your name, email address, business details, and payment information. You consent to our collection, processing, and storage of this information as described in our Privacy Policy.
11.3 Use of Cookies
To enhance your experience on the Site, we use cookies and other tracking technologies to collect information about how you interact with our website. Cookies are small data files that are stored on your device and allow us to remember your preferences, personalize your experience, and analyze usage patterns.
Types of Cookies: We may use both session cookies (which are deleted when you close your browser) and persistent cookies (which remain on your device until deleted or expired). These cookies may be set by us or by third-party services we use.
Third-Party Cookies: We may also allow third-party service providers, such as advertising partners or analytics providers, to set cookies on your device. These third parties may collect information about your interactions with our Site or other sites for the purpose of delivering targeted advertising or analyzing usage patterns.
11.4 Cookie Consent
By using the Site, you consent to the use of cookies and similar technologies in accordance with our Cookie Policy. If you do not agree to the use of cookies, you can adjust your browser settings to refuse cookies or delete them. However, please note that certain features of the Site may not function properly if cookies are disabled.
11.5 Managing Cookies
You can manage or delete cookies by adjusting your browser settings. Most browsers allow you to block or delete cookies, but doing so may impact your ability to use certain features of the Site. For more detailed information on how to manage cookies, refer to the help section of your browser.
11.6 Data Retention and Security
We retain your personal data for as long as necessary to provide the services you have requested, comply with legal obligations, resolve disputes, and enforce our agreements. We implement appropriate technical and organizational measures to protect your data from unauthorized access, loss, or misuse.
11.7 Your Rights
You have the right to access, correct, or delete your personal data, subject to certain exceptions. For more information on how to exercise your rights, please refer to our Privacy Policy or contact us directly.