Bonza Business and Franchise Sales Pty Ltd, ABN 33621070648 (henceforth “Bonza”) operate a business sales service and website (“the Site”), which supports the preparation of businesses for sale, creation of related documentation, advertising platform access and business sale facilitation. Any the User (“Client”) of this site including selling or buying on this site and other linked “Bonza” sites operated by Bonza (collectively, the “Bonza site”) is subject to the terms set out in these Terms and Conditions below (“Terms”). Bonza and the Client are known collectively as the “Parties”.
- About the Bonza site
The Bonza site is an online business sales knowledge and advertising portal that supports business owners in selling their businesses, without incurring large fees. The site is also an advertising portal where potential buyers can browse listings and enquire on purchasing businesses. Bonza provides various tools and knowledge to facilitate the preparation and management of the sales process.
The terms set out in the following paragraphs generally apply to all visitors to the Bonza site (including registered users and browsers of the Bonza services). Bonza recommends that the Client carefully read these terms before the Client uses the Bonza site.
- Fees and service.
Bonza is a fee for a service business; any fees charged for packages displayed on our website are payable in advance and are charged for providing the services described below. The fees are not a reward, commission or remuneration for the sale of a business but are charged for marketing and administration of the services. Once purchased all fees are non-refundable.
- Payments by instalments (Payment Plans).
The client understands and agrees that if they choose a payment plan option to purchase a package, they are committed to paying the full amount including any administration fee as described on the Bonza Website.
The client agrees that the payments cannot be varied or cancelled.
The client agrees to ensure that sufficient funds are available on the nominated account to meet the payment plan instalments.
The client agrees to make the payments on or before the due date.
In the event of any instalment not been paid on time then the client understands that the total balance of the plan will become due for payment immediately.
Should an external agency be used to recover any outstanding balance, any additional costs and fees charged by that agency will be added to the outstanding balance, and the client understands that they will be liable to cover these collection charges.
Bonza agrees to provide the client with the following services.
- Creation of advertisement copy and provision for approval to the client.
- Uploading and managing of advertisements online across various marketing websites (see website for current subscriptions).
- Collation of information (provided by the client) into a Business Profile document to provide to potential buyers. This specifically excludes preparation of a Section 52 where required which should be prepared by your accountant.
- Receiving and processing of the client’s enquiries from marketing activities and inputting these into the Bonza CRM for processing.
- Forwarding confidentiality agreements to the client’s enquiries for completion.
- Forwarding the clients Business Profile to the client’s enquires.
- Following up the clients enquires regularly to ascertain their level of interest and questions.
- Passing on any requests for further information to the client from enquiries.
- Passing on requests for meetings/viewings to the client from the client’s enquiries.
- Forwarding any communications including offers to purchase from the client’s enquiries.
- Liaise/negotiate offers to purchase the business between the parties and their advisors.
- Providing via email updates to the client of all enquires including names and contact details.
6. Placing an advertisement
a) While the client may request and receive an opinion of listing price from Bonza the client understands that setting the listing price is the client’s responsibility and Bonza will list the business at a price instructed by the client without warranty by Bonza that this represents a formal valuation. Bonza agrees to amend the listing price on all adverts and documentation within seven days of been instructed to do so by the client in writing.
b) If the Client places an advertisement (“advertisement”) on the Bonza site The Client must also comply with the following rules;
- Titles and descriptions must not include contact information such as your name, telephone numbers or email addresses.
- The Client must not include pricing information within advertisement titles or descriptions. Pricing must only be entered into the pricing field.
- The Client must;
- Be the rightful owner of the business/asset for sale, or the duly authorised representative thereof.
- Not offer for sale any illegal goods or substances,
- Not use misleading statements,
- Not use offensive language or profanities.
d) Any language deemed unsuitable by Bonza may result in the removal of your advertisement.
e) Advertisements must not infringe third party intellectual property rights. Any alleged infringements of the intellectual property rights of a third party will result in the removal of the advertisement.
f) The item must be described accurately and honestly in the advertisement. Misrepresentation can include:
- Listing advertisements in inappropriate categories;
- Entering keywords in the title or description that do not appropriately describe the item;
- Identifying an inaccurate location of the item.
g) If Bonza place an advert on the Bonza site on your behalf Bonza have done so on your specification and it is your responsibility to check the advertisement for accuracy in the description and other significant details.
h) If the contract is a weekly or monthly contract for a non-fixed term, then the notice period to terminate advertising is three billing periods.
i) To the extent that The Client is legally able to, The Client at this moment assigns all copyright in your advertisement to
j) The Client grants Bonza and our related bodies corporate a royalty-free license to use, reproduce, modify, adapt and sub-license any content The Client provides to Bonza.
7. Usage rules
The Client warrants that they will not use the Bonza site for any purpose (including if the Client as a seller, placing an advertisement) that is unlawful or prohibited by the Terms.
a) The Client must not:
- Create any links from the Bonza site to any other website on the Internet, or frame or mirror the Bonza site without prior written consent;
- Data mine or conduct automated searches on the Bonza site or the content on the Bonza site, whether through the use of additional software or otherwise;
- Incorporate any of the content on the Bonza site with any other material, including advertising or promotional material;
- Use the Bonza site or any facilities available on the Bonza site for any activities (including placing an advertisement), or transmit to or via the Bonza site any information or material which:
- Breaches any laws or regulations;
- Breaches the Terms;
- Infringes a third party’s rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;
- Is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites (including discussion forums);
- Is false or misleading;
- Is an unsolicited commercial electronic message;
- Impersonates another person (for example, by pretending to be someone else when The Client register as a member) or uses another user’s account without permission; or
- Identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless The Client has obtained that person’s authority;
5. Make unauthorized modifications to the content on the Bonza site;
6. Knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Bonza site; or
7. Attempt to do, or permit another person to do, any of the above acts.
b) The download and printing of individual advertising listings from the Bonza site for your own private, non-commercial use are authorized. Excepting this, The Client may not use, reproduce, communicate, publish, or distribute any of the content on the Bonza site, unless this constitutes a fair dealing for the Copyright Act 1968. The Client must not reproduce or use any of the advertising listings on the Bonza site for commercial purposes or for commercial gain.
c) It is your responsibility to notify Bonza upon the sale of the business in your advertisement to ensure that the advertisement is removed from the Bonza site within four weeks of completion of such a transaction or if The Client decides for any other reason to no longer offer the business for sale.
8. Rights to alter or withdraw Client material
Bonza may withdraw or alter any material the Client provides Bonza if:
(a) Bonza reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third-party rights; or
(b) Bonza is instructed to do so by any third party.
Bonza also reserves the right to select, edit, condense, determine the duration of, change the nominated “category” of, withdraw or refuse your advertisement.
9. Communications to the Client
(a) Any communications or notices Bonza send the Client about transactions or use of the Bonza site is not intended to endorse or guarantee such transactions. Bonza does not endorse or approve any information provided to the Client by other users of the Bonza site, and it is the Client’s responsibility to exercise caution on the Bonza site.
(b) The Client may receive service-related emails from Bonza, and such messages may not include a functional unsubscribe facility.
10. Manipulation and improper use
You may not include any link or contact in your advertisement on the Bonza site, other than the Bonza enquiry phone and email service
11. No Warranty
(a) All reasonable care is taken in compiling our print and online advertising. However, the information in our publications and on the Bonza site is provided ‘as is’, and Bonza does not warrant or represent that it is complete, current or free from errors or omissions.
(b) Bonza accepts advertisements in good faith based on warranties provided by each advertiser. Bonza does not warrant or represent that the products or services advertised in advertisements on the Bonza site or in any of our print publications will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. Investigate for yourself the suitability, quality and condition of any property or business advertised on the Bonza site or in any of our print publications. Before relying on any on the Bonza site or in any of our print publications, or provided to The Client by other users of the Bonza site, information it is your responsibility to verify it.
(c) Bonza provides our services with reasonable care and skill. Bonza takes the necessary steps to ensure the availability of our services and access to the Bonza site. However, availability of our services and access to the Bonza site may be interfered with by various factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, Bonza does not warrant or represent that our services and your access to the Bonza site will be secure, continuous, error-free, timely, fault-free or virus free.
12. Transactions between sellers and buyers
Bonza have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the Bonza site, the accuracy or truth of any advertising listings on the Bonza site or the ability of sellers and buyers to actually enforce or complete a transaction.
13. Bonza’s liability to the Client
- a) The terms that apply to the provision of the Bonza site are those that are set out in this document and those required by consumer protection laws to the provision of this service that is unable to be excluded. No other terms apply.
- b) Bonza accepts our liability for breach of contract or negligence to the Client under the principles applied by the courts, but:
(i) Bonza is not liable for any loss to the extent it relates to any dispute between the Client and one or more other users of the Bonza site, including about transactions entered into with other users of the Bonza site;
(ii) Bonza is not liable for any loss to the extent that the Client causes it (for example, through negligence or breach of contract);
(iii) Bonza is not liable for any loss to the extent that it results from the Client’s failure to take reasonable steps to avoid or minimize loss; and
(iv) Bonza are not liable for any loss caused by Bonza failing to comply with our obligations to the Client where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
(v) Bonza is not liable for any loss caused by the alteration, withdrawal or restoration of any material by our terms and policies.
- c) The Client releases Bonza and related parties from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between the Client and any other the Client of the Bonza site.
Bonza will notify the Client of the fees payable for the use of the services available on the Bonza site and the Client will be responsible for paying these fees. Client fees to Bonza for the services provided by the Bonza site (including any external website packages) are non-refundable.
15. Client liability to Bonza
The Client agrees to indemnify Bonza and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by a Client breach of the Terms.
16. Advertising websites
a) Bonza may be reliant on other websites (advertising sites), for other packages made available to our customers. Bonza subscribes to and pays fees to be able to provide these services and have individual agreements with advertising sites. Bonza accepts no liability if any changes, disruption or cancellation of any agreements or services provided by any of its advertising sites occur. If in the event your advert is disrupted or enabled, any pre-paid fees from our customers to Bonza are non-refundable. The Client indemnifies Bonza from any actions on your behalf should Bonza be unable to provide access or continued advertisements, to any of its advertising sites at any stage.
b) If Bonza places Client advertisements on any third party or advertiser site, Bonza has done so on the Client’s specification, and it is the Client’s responsibility to check the advertisement for accuracy in the description and other significant details and report any discrepancies to Bonza by email or in writing.
c) To the extent that the Client is legally able to, the Client at this moment assigns all copyright in the advertisement to Bonza.
d) The Client grants Bonza and related parties a royalty-free license to use, reproduce, modify, adapt and sub-license any content the Client provides to Bonza. Further, any feedback provided to Bonza may be used on the Bonza website or on related websites to promote the Bonza business without further written acknowledgement by the Business Owner.
e) Bonza has the right to change where and on which websites it places adverts on behalf of the client. In the event that an external advertising website changes its terms and conditions or charging structure, Bonza reserves the right to replace or withdraw a client’s advert from those particular websites.
f) Bonza may from time to time seek the client’s continued authority to advertise their business for sale and may terminate a client’s advertisement if after 3 or more attempts to confirm the client’s authority to continue advertising has not received response.
17. External websites
a) The Bonza site may contain links to external websites which are not maintained or controlled by Bonza or our related companies. Any links are provided by Bonza solely for your convenience.
b) Bonza makes no representations or warranties whatsoever about any external site. Bonza does not endorse and accept no responsibility for, the content or use of any external site. If the Client links to an external site, the Client leaves the Bonza site and do so entirely at their own risk.
c) Bonza takes no liability, make no representations or warranties whatsoever, for any person/business/company/robot who has accessed or copied any data or advertisements from the Site for any other purpose.
18. No offer where illegality arises
Nothing on the Bonza site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
19. Termination, suspension and limitation of your access
(a) Bonza may refuse service, suspend, terminate or limit your access to the Bonza site at any time if the Client is in material breach of the Terms and:
- Bonza has informed the Client in writing, including email, of your breach and the Client has failed to remedy it within the specified time frame; or
- The breach is something which cannot be remedied (in which case Bonza may refuse service, ban, suspend, terminate or limit your access to the Bonza site immediately by informing you).
(b) If the Client is in material breach of the terms and conditions and Bonza, have barred, terminated, suspended, or limited access, the Client must not circumvent this action by any means. This includes but is not limited to placing a further advertisement under another account name or pseudonym. If Bonza identifies that this has taken place, the advertisement will be immediately removed without further notice to the Client, and the Client will forfeit all fees paid.
20. Additional rights to terminate, suspend or limit your access
Bonza may suspend, terminate or limit your access to the Bonza site with as much warning as Bonza reasonably can, if:
- Bonza reasonably believe that there is a real risk of loss or damage to Bonza or another if Bonza do not suspend, terminate or limit your access to the Bonza site (including credit risk resulting from the Client not paying any fees owed to Bonza on time);
- the law requires Bonza to do so;
- Bonza believes on reasonable grounds that providing access to the Bonza site to the Client is illegal or may become illegal;
- there is an emergency; or
- Bonza has received a serious complaint or multiple complaints regarding your activity and membership.
21. Changes to the Terms
a) Bonza may on occasion need to change the Terms to reflect changing business conditions. Bonza may also need to change the Terms if Bonza is required by law, for security reasons or for technical or infrastructure reasons.
b) Bonza may change the Terms (including any policy incorporated in the Terms) at any time by posting the changed Terms on the Bonza site and by posting a notice to users on our homepage stating that a change has occurred.
22. Intellectual Property Rights
a) The website is for personal usage purposes only.
b) The Client acknowledges that the Bonza website, embedded or utilised technology, payment gateways or other tools, Bonza services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the website (“Bonza content”) are provided by Bonza or third-party providers and are the copyright works of Bonza and/or third parties that have licensed this work to Bonza.
c) The Client may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Bonza content or services in whole or in part unless expressly authorised by Bonza or the relevant third party owner. The Client may not store any significant portion of any Bonza content or Bonza services or materials in any form.
d) Any authorised copies must contain any copyright or other proprietary rights notices that are contained in the source Bonza content. The copies must not be modified. The Client acknowledges that Bonza remains the owners of the Bonza content and that the Client does not acquire any intellectual property rights in the Bonza content.
a) The parties are independent contractors, and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.
b) If any of the Terms are invalid, unenforceable or illegal, that term will be struck out, and the remaining terms will remain in force.
c) If Bonza does not act about a particular breach of the Terms by the Client, this will not be treated as a waiver of Bonza’s right to act concerning subsequent or similar breaches. If the Client does not act in relation to a particular breach by Bonza of the Terms, this will not be treated as a waiver by the Client of its right to act concerning subsequent or similar breaches.
d) The Terms are subject to the laws of Queensland, Australia.
a) The personal information you provide Bonza may be used for several purposes connected with our business operations, which include:
1. processing your orders or requests;
2. carrying out credit checking;
3. providing you with products and/or services requested;
4. billing you or administering your account;
5. dealing with requests, enquiries or complaints and other customer care related activities;
6. carrying out market and product analysis and marketing our products and services generally;
7. contacting you about our group companies’ products and services;
8. carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.
b) We may also use your personal information for purposes related to those described above which would be reasonably expected by you. We will not use your information for purposes other than described above unless we have your consent or there are specified law enforcement or public health and safety reasons.
c) Bonza may disclose or receive personal information or documents about you to/from:
- Credit providers or credit reporting agencies for the purposes permitted under the Privacy Act;
- Law enforcement agencies to assist in the prevention of criminal activities;
d) Unless you consent, we will not disclose your personal information to third parties, other than those who have contracted with Bonza to keep the information confidential, or who are subject to obligations to protect your personal information.
e) We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.