1 – GENERAL
1.1 This website (“Site”) is operated by Buy My Clients Pty Ltd (A.B.N 96 615 306 593). Buy My Clients Pty Ltd is also referred as “we”, “us”, “our” and “BuyMyClients” throughout this Site. BuyMyClients offers this Site, including all information, tools and services available from this Site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 You means you as the user of this Site.
1.3 By visiting our Site and/ or using our service you agree to be bound by the following Terms and Conditions (“Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, advertisers, and/ or contributors of content. By using our Site, you acknowledge that you have read these Terms carefully prior to using the Site. We reserve the right to amend these Terms from time to time.
1.4 Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.
1.5 Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1.6 The term “Client Book” on this Site and in these Terms can refer to any of the
following: Book of Business / Business Book / Client List / Accounts / Parcel of Fees.
1.7 You must not use our products and services for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.8 You must not transmit any worms or viruses or any code of a destructive nature.
1.9 A breach or violation of any of the Terms will result in an immediate termination of your services. We reserve the right to refuse service to anyone at our discretion at any time.
1.10 Copyright in the material and trademarks on this Site are owned by BuyMyClients unless otherwise indicated and you agree not to infringe any intellectual property rights owned by us or third parties.
1.11 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the Site through which the service is provided, without our written permission.
1.12 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2 – INFORMATION DOES NOT REPRESENT PROFESSIONAL ADVICE
2.1 You acknowledge and agree that information on this Site is intended to provide general information in summary form on general issues and is not intended to constitute legal advice. If you require legal or financial advice, you should seek your own legal or financial advice specific to your circumstances.
2.2 BuyMyClients does not endorse or recommend any of the listings, buyers or vendors, on the Site and we strongly recommend that prior to entering into any agreement with any of the advertisers, vendors or buyers on the Site, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
2.3 In no event will BuyMyClients be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.
3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
3.2 This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
3.3 You agree that it is a condition on your use of the Site and of any other services provided by us or through the Site that you will not through any act or omission (including but not limited to creating a profile on the Site) make any misrepresentations or engage in misleading or deceptive conduct as described in Schedule 2 of the Competition and Consumer Act 2010.
4 – INFORMATION SECURITY
4.1 While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on our systems or on the Site. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur.
4.2 To become a registered user, you must provide a password and a login name. You are entirely responsible for the maintenance the confidentiality of your password and login name. You are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following the requisite instructions. You agree to immediately notify us of any unauthorized use of your login name or any other breach of security as soon as it is made aware to you.
5 – MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our services and/or products are subject to change without notice.
5.2 We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice.
5.3 We are not liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the service.
6 – PRODUCTS OR SERVICES
6.1 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or service pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.
6.2 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order or listing you place with us including orders or listings placed by or under the same customer account, the same credit card, and/or orders or listings that use the same billing and/or shipping address. In the event that we make a change to or cancel an order or listing, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order or listing was made.
7.2 You agree to provide current, complete and accurate information for all accounts and listings created through our Site. You agree to promptly update your account and other information with any changes.
8 – OPTIONAL TOOLS
8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
8.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3 Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.4 We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
9 – THIRD-PARTY INFORMATION AND SERVICE
9.1 Certain content, products and services available via our Site may include materials from third-parties.
9.2 Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party or external person/s or service provider we may refer you to. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or external person/s or service providers we may have referred you to should be directed to the third-party or external person/s or service provider.
10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
10.1 If you send us any information, feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
10.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
10.3 You agree not to post, publish or reproduce any material whatsoever on the Site that infringes the copyright material of any third party.
10.4 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11 – PERSONAL INFORMATION
12 – ERRORS, INACCURACIES AND OMISSIONS
12.1 Occasionally there may be information on our Site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, and charges. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order or listing).
12.2 We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
13 – LISTING AND COMMUNICATING
13.1 The Site is designed to connect Buyers and Sellers of Client Books. All listings must be legitimate offerings of Client Books within the selected category/s and location. Listings must contain accurate information about what is on offer and the information in your listing must not be designed to manipulate searches or to draw interest to anything else other than the sale of your Client Book. By Listing you acknowledge that you have the right and clearance to sell the advertised Client Book. Enquiries and messages sent to a vendor must be legitimate queries about the listing. We reserve the right to vet any listing before and after it is posted and block it or remove it if it is not in line with these Terms.
14 – PROHIBITED USES
14.1 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, territorial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information (including but not limited to your contact/registration details); (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
15 – DISCLAIMER OF LIABILITY
15.1 We will take all reasonable steps to ensure that all the information provided by us on our Site is accurate, however errors may occur. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
15.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
15.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
15.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
15.5 In no case shall BuyMyClients, (including its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this Site, including any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability is limited to the maximum extent permitted by law. Any compensation is limited to the amount of money you have transferred to us.
16 – INDEMNIFICATION
16.1 You agree to indemnify, defend and hold harmless BuyMyClients and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17 – SEVERABILITY
17.1 In the event that any provision (or part of any provision) of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law but the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
18 – TERMINATION
18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.2 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.
18.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
19 – ENTIRE AGREEMENT
19.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
19.2 These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
19.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
20 – GOVERNING LAW AND JURISDICTION
20.1 These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute you have with BuyMyClients must be determined by the courts of Victoria.
21 – CHANGES TO TERMS
21.1 You can review the most current version of the Terms at any time on our Site.
21.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the service following the posting of any changes to these Terms constitutes acceptance of those changes.