Hogarth Associates Terms and Conditions for the business trading as ;
Hogarth Associates, of Level 11, Zenith Centre, 821 Pacific Highway, Chatswood, NSW 2067
Mailing Address: PO BOX 117 Chatswood NSW 2057
DEFINITIONS:
"Hogarth Associates" ”hogarthassociates.com.au” "We" and "Us" shall all mean Hogarth Associates trading as Hogarth Associates its employees agents or anyone else acting on its behalf
"You" also referred to as "the Buyer" "the Seller" shall be the person whose details are provided in our registration process as a buyer or seller of a Service.
"Services" shall mean the provision of services of advertising to include allowing people to sell their 'businesses' to people advertising to buy a 'business'
"Goods" shall mean Businesses for sale, or generally any product or service offered through the website.
Hogarth Associates will NOT accept responsibility for any loss or Damage you may suffer whilst using the website hogarthassociates.com.au
Hogarth Associates has not personally inspected any of the 'goods' offered through the website, and does not conduct any investigations, due diligence or accounts into any of the details which a seller is advertising through Hogarth Associates and we do not accept any responsibility nor liability for any claims, to include costs, damages, expenses, losses arising whether direct or indirect. It is up to you to make sure that you are buying safely and have personally sought, investigated and researched the 'goods' to which you buy.
Hogarth Associates are not valuers of businesses and where a business may be advertised for a much higher price than it is worth, you must make sure you have investigated the business fully before commencing with a purchase of a business. We strongly recommend seeking professional advice and help before commencing upon a purchase of a business.Hogarth Associates is a company which allows people to advertise their goods for sale without any input into the details of which a user has submitted.
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1 By providing the registration information and using our website, you signify your acceptance of our Terms and Conditions and warrant that all information you supply to us will be;
1.1.a truthful and1.
1.b will not be unlawful or infringe the rights of any third parties and
1.1.c will not knowingly or recklessly cause damage to any hardware, software or data1
.2 You are to indemnify us and hold us harmless against all claims proceedings costs and damages (including damages or compensation paid on legal advice) and all legal costs and other expenses incurred arising from or connected with a breach of these Conditions by you
2. AMENDMENT OF TERMS AND CONDITIONS
2.1 These Terms and Conditions may be amended by us at any time and the amended Conditions will be effective from the date we post the amended Conditions on our website
3. TERMS AND CONDITIONS OF USE:
3.1 by buying, selling or generally using this website, you are agreeing to be bound by our terms and conditions as set out here. This website complies with Australian Law and all visits to this website shall be governed by Australian Law.
3.2 Hogarth Associates website has been created to allow potential buyers of businesses to contact sellers of businesses. The website must not be used in any way what-so-ever by third parties to contact people that are advertising or making their details readily available through us, in any of the following circumstances;
3.2.a to try and sell a product to any user of Hogarth Associates unless permission has been obtained prior to such communication.
3.2.b to try and offer a service to any user of Hogarth Associates unless permission has been obtained to such communication.
3.3 Permission in reference to 3.2, 3.2.a and 3.2.b above must be obtained in writing and signed off by the acting Manager at the time of contact.
4. PERSONAL DATA4.1 From time to time, Hogarth Associates may collect data about you. Such data collection is done so in accordance with the Australian Data Protection Legislation.
5. SERVICE TERMS
5.1 Hogarth Associates is an Advertising website which will allow you to advertise or seek business opportunities to include but not limit to;
5.1.a Business for Sale and Wanted
5.1.b Business Investment Opportunities
5.1.c Franchise Opportunities5.2 If you are selling a good or goods though Hogarth Associates website, you can only do so by agreeing to these terms and conditions. You will be asked to confirm the acceptance to such terms upon submission of a business for sale. If you do not agree to be bound to the terms and conditions, please do not advertise with us or use our services at any time.
5.3 Hogarth Associates retains the right to refuse any good or services to be used by you. A listing will only be refused if we find it to be improper or fraudulent. Any other reason will be made available with 48 hours of refusal.
5.4 You will warrant that details you submit and advertise through one of our services promoting goods will be done so to the best of your knowledge and as accurate as it can be, You will also hereby agree to indemnify Hogarth Associates for any claims or losses it may incur as a result of your use of the website.
5.5 You fully understand that Hogarth Associates is NOT licensed under any regulatory body and you must not offer any form of bonds, securities, shares, investment schemes or anything similar via this website. Such advertising will be unacceptable.
5.6 Hogarth Associates can edit the details of any information you submit on the website if they believe that it will help the sale of your goods.
5.7 Although Hogarth Associates have a strategic categorisation process in order, we may at any time change the category to which your advert for goods is placed if we think it is in the best interest of the goods on offer.
5.8 If you selling a business as an agent, broker or any form of an intermediately, you must agree to the following and by promoting good/(s) through our website, you are bound as a user to the following;
5.8.a you will inform us prior to advertising any goods through our website
5.8.b you warrant and undertake that you have the full permission of the goods owner to promote such goods.
5.9 If you are a buyer, you must not contact a seller through the website unless you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions then please do not contact a buyer at any time through this website or any other methods.
5.10 Please refer to section 2 where it states that Hogarth Associates only provides the methods for sellers to promote their goods. Hogarth Associates do not value businesses and have not personally inspected any of the businesses listed within, unless otherwise stated by the advertisement.
5.11 As a buyer, It is in your best interest to investigate as thoroughly as possible any business you may be interested in. Use solicitors, accountants and any offer professional services deemed plausible for the purchase of any business. The details submitted by a seller for their goods may be completely inaccurate so please seek professional opinion and advice before commencing with a purchase of any business.
5.12 You hereby agree to indemnify Hogarth Associates, associated companies, directors, agents, and staff against any claims, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website
5.13 The fee for the Services will be as specified on Hogarth Associates website for the particular Services sought.
6. PAYMENTS AND REFUNDS
6.1 Payment is to be made online using a payment card such as MasterCard, Visa,. Payment will be taken via a secure server and encrypted using 128 Bit encryption key. The name of "Hogarth Associates" will appear on your payment card statement.
6.2 In the event Hogarth Associates has not supplied the Services sought, Hogarth Associates will make a full refund to your payment card provided notice of cancellation is received from you before we have supplied the relevant Service. Notice of cancellation must be given by email to accounts@hogarthassociates.com.au quoting your user name
6.3 If you are not happy with the service you have been given you may write to Hogarth Associates, PO Box 117, Chatswood, NSW 2057. All refunds are at the company's absolute discretion
6.4 Hogarth Associates will charge you in Australian Dollars.
7. LIMITATION OF LIABILITY
7.1 Hogarth Associates does not warrant that it will be able to successfully sell your good/(s). It will endeavour to offer you the ability to advertise your good/(s).
7.2 Hogarth Associates will not be liable for any injury loss or damage:
7.2.a caused or contributed to by a failure to successfully find a buyer of your good/(s)
7.2.b for any delay or failure to actively promote your listing within a reasonable amount of time after submission.
7.2.c to any third party as a result of any Services provided
7.3 Without prejudice to the generality of the foregoing we shall not be liable for any of the following unless caused by a failure on our part to take reasonable care:
7.3.a Delays interference with or failure to receive or send communications from or to you
7.3.b Any damage caused to any hardware, software or data by any virus or the like
7.3.c Any unlawful access to your data or bank, credit card or other financial details
7.4 Subject to the above any liability that we may have to you shall not exceed the total of all fees paid to us by you over the twelve months preceding such liability arising
7.5 We shall not be liable for indirect or consequential loss of any description
8. ENTIRE AGREEMENT
8.1 These Terms and Conditions together with our privacy policy and current charges displayed on our website set out the whole of our agreement relating to the supply of services to you by us
9. INVALIDY
9.1 If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Conditions will not be affected
10. HEADINGS
10.1 Headings in these Conditions are for convenience only and shall not affect their interpretation