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Terms & Conditions

Terms and Conditions of Website Use

Please read this information carefully

General

Your continued use of this website constitutes your acceptance of the terms in this notice and the other notices on this website. Should you object to any of the conditions in the notices on this website your sole option is to immediately cease using this website.

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

Information service

All information provided by Shops For Sale on this website is provided in good faith. You accept that any information provided by Shops For Sale is general information and is not in the nature of advice.

Shops For Sale does not make any representations or warranties that the information on this website is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.

Shops For Sale is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted on this website. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you on this website.

You agree to use our information service for lawful purposes only.

Additional obligations of advertisers

An "advertiser" is a person who provides information to our website for advertising purposes ("content"), including job seekers, job advertisers, and advertisers of shops or premises for sale, lease or franchise.

By becoming advertiser you agree that:

  • you are responsible for all aspects of the production of the content;
  • you will ensure that your content is up to date, accurate and not misleading;
  • you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person; and
  • you have procured, on behalf of yourself and us, all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content.

While we strive to protect your content, we do not warrant and cannot ensure the security of any content which you transmit to us. Accordingly, any content which you transmit to us is transmitted at your own risk.

Additional Obligations of Search Box Users

"Search box" is a toolbar and associated software which may be downloaded for use on your website to allow your website visitors to directly access information available on this website.

If you install and use the search box on your website, you agree that you will not:

  • establish or maintain a hyperlink or any other link from your website to any website operated by a third party (other than us) which is a real estate portal or which fulfils a similar purpose to this websites;
  • remove or obscure any copyright notice, trade mark, logo or notice that is on or contained in the search box;
  • use the search box in a way that overloads or could damage, disable or interfere with the use and enjoyment of our search services (eg, using the search box in an automated manner); or
  • modify the appearance or function of the search box in any way without our written consent.

Limitation of liability

Certain rights and remedies available under the Trade Practices Act 1974 (Cth) or similar legislation may not be excluded, restricted or modified.  Apart from these rights and remedies that cannot be excluded, Shops For Sale and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

1.     the re-supply of services; or

2.     the payment of the cost of re-supply of services.

Shops For Sale excludes all other liability to you (to the extent permitted by law) for any costs, expenses, losses and damages suffered or incurred by you in connection with your use of this website, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, Shops For Sale will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

Indemnity

You indemnify Shops For Sale in respect of any liability suffered or incurred by Shops For Sale for any loss, cost, damage, or expense as a result of your breach of these terms and conditions.

Intellectual Property Rights

Shops For Sale owns all intellectual property rights (including copyright) in all information, text, material, graphics, software and source code on this website - including the search box and any trade marks (Subject Matter).

Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not download the Subject Matter for your own private purposes only. You may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from the Subject Matter; or
  • commercialise any information, products or services obtained from the Subject Matter;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

If permission is granted, the copyright owner's name and interest in the Subject Matter must be acknowledged wherever you reproduce or quote the Subject Matter, in whole or in part.

Hyperlinks

Hyperlinks enhance your experience by providing easy access to additional information or original source material, whether on the same website or from an external source.

For this reason, this website includes advertisements, hyperlinks and pointers (Third Party Material) to websites operated by third parties (Third Party Websites).

Shops For Sale is not responsible for the content or privacy practices associated with Third Party Websites.

Our links to Third Party Websites should not be construed as an endorsement, approval or recommendation by Shops For Sale of the owners or operators of those Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Websites, unless and to the extent stipulated to the contrary.

When using hyperlinks to our website, you must:

  • attribute Shops For Sale as the original source of the hyperlink;
  • link to our content directly, using the title or headline of the content to which you are linking; and
  • comply with all copyright, trade mark or other applicable intellectual property laws.

You must not:

  • attribute (whether directly or indirectly) linked content as your own or someone else's content (for example, use your own logo to link to our content);or
  • attribute a link to our site and then link somewhere else.

Third party material

Third Party Websites do not form part of this website and are not under the control of or the responsibility of Shops For Sale or its related entities. You link to Third Party Websites entirely at your own risk.

A display of Third Party Material does not imply an endorsement or recommendation by Shops For Sale or its related entities, nor is it an authorisation to reproduce Third Party Material.

You acknowledge that Shops For Sale is a distributor, not a publisher, of content on this website. Subject to any applicable law which cannot be excluded, Shops For Sale makes no warranties or representations:

  • regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Websites; or
  • that Third Party Material does not infringe the intellectual property rights of any person.

Shops For Sale does not accept liability for loss or damage caused by your reliance upon any information obtained through this website and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Viruses

Shops For Sale does not guarantee that this website or Third Party Websites will be free from viruses, or that access to this website or Third Party Websites will function as intended or be uninterrupted. 

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  For the removal of doubt, Shops For Sale does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any Third Party Website.

Termination of access

Access to this website may be terminated at any time by Shops For Sale without notice. Our disclaimer will survive termination.

Jurisdiction

Your use of this website is governed by and construed in accordance with the laws of New South Wales, Australia and by using this website you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.