Definitions
"Simply.Biz", "SimplyBusinessesForSale.com", "us," "we," "our", the "Company" and all or any grammatical variants thereof shall collectively refer to as Simply.Biz Internet Limited., a UK registered limited company no. 07195326 existing under the laws of the United Kingdom, with a registered address of 424 Margate Road, Westwood, Ramsgate, Kent CT12 6SJ United Kingdom and its assigns and successors in interest.

"Website", "Web site," "web page" and all or any technical variants thereof shall collectively refer to the website located on the world wide web servers at the domain names of simply.biz and simplybusinessesforsale.com and all content herein owned and operated by Simply.Biz Internet Limited.

"Listing", "Advertisement", "Advert" and all or any grammatical variants thereof shall collectively refer to the Service offered by us to allow Members of the website to promote, advertise or display a business for sale, whether as an intermediary or directly, whichever the case may be.

"Service" shall be referred to as the services offered to registered Members of the Website.

"Member" and "Customer" shall be referred to as individuals or organisations who have registered on the website, agreed to these terms and is actively using the Services provided at this Website.

General Terms
This Website is owned and operated by Simply.Biz Internet Limited. A UK registered limited company, No. 07195326. This Website has been assembled to comply with English law and is operated by Simply.Biz Internet Limited. All users of this Website shall be governed by English law.

Before using this Website you should carefully read the following terms and conditions which govern the use of this Website. If you do not agree to these terms and conditions please discontinue using Website.

This Website has been constructed to enable individuals, sole traders, partnerships, limited liability partnerships, private limited companies, public limited companies, corporations, businesses, business owners, intermediaries, business transfer agents ("Brokers") and all other references associated with business ownership and proprietors to advertise via the internet a business, franchise or multiple businesses for sale (a "Listing").

If you wish to advertise a business for sale using the Listing facilities on this Website, you must agree to be bound by the additional terms associated to "Private Sellers" and "Business Brokers". If you wish to purchase or enquire about a business for sale on this Website, you must first register as a "Private Buyer" to become authorised to contact the business owner in question.

Any attempts to contact a party advertising on this Website other than for the purpose of a genuine enquiry regarding the business for sale, such as the aim to promote, sell or market goods or services or seeking to solicit business in any way is prohibited. Any such attempts will result in deactivation of your account.

The submission of information to, and use of, the business listing service ("Service") available through this or any of our associated websites is subject to the following terms and conditions. By submitting information to, or accessing information from, the Service, you, the end user ("Customer") agrees to the following terms and conditions. These Terms and Conditions are a legal agreement between you and us.

If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service.

Disclaimer
The business for sale Listings and Service is provided "AS IS" without warranty of any kind. The Company makes no promises, representation or warranties, either expressed, implied, statutory or otherwise, with respect to the Listings or Service, including their accuracy, operation, conformity to any representation or description, or the existence of any latent or patents defects, and the Company specifically disclaims all implied warranties of merchantability, non-infringement and fitness for a particular purpose and, under English law, the implied conditions of satisfactory quality and acceptance as well as any local jurisdictional analogues to the above and other implied or statutory warranties.

Under no circumstances will our staff, employees or affiliates be responsible or liable for financial or other loss, claims or damage caused by the failure or use or misuse of this Website.

We do not conduct any investigations or due diligence into any Customer advertising on this Website and accepts no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users based on any information, opinions or advice contained within this Website. In addition, any advertisements on the Website do not constitute a binding offer so that acceptance by the user can bind the party advertising on our websites.

Links to Third Party Websites
Our Websites may contain hyperlinks to other websites operated by parties other than the Company which are beyond the Company's control. Parties other than the Company may provide products or services on this Website that take users outside of the Service operated by our Websites. This includes links from advertisers, sponsors, and content partners that may use our Websites as part of a collaborative branding relationship. Examples of such items may include banner, button, skyscraper and text link advertisements.

The Company does not control and is not responsible for examining or evaluating, and does not warrant the offerings of any of these businesses or individuals or the content of their Websites. The Company does not assume any liability for the actions, product, or content of any of these and any other third party Websites.

The Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that exits any of our Websites, the target Website is not controlled by the Company and therefore, different terms of use and privacy policies will apply. The Company also does not assume, and expressly disclaims, all liability for any viruses, worms, trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party Websites and any links thereto.

Personal Data & Usage
From time to time, the Company collects stores and uses personal information collected from visitors to this Website. We will use your information to occasionally send you details of special offers, promotions and news regarding new products or services due for release by us. We do use cookies on our site to remember who you are and when you visit; purely for traffic gathering information and bandwidth usage. The cookies are not used for any other purpose. By using our website, you accept that our site may place a cookie on your computer or device to collect such information as required for traffic and site usage purposes.

The Company utilises email as a primary communication channel with Customers. As a registered user, the Customer hereby acknowledges and grants the Company permission to communicate with Customers via email (as well as other communication channels such as phone and fax) for any purpose the Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. The Company will use best efforts to honour the Customer’s request to opt-out of marketing messages, but under no circumstances will the Company have any liability for sending any email to its registered users or Customers. The Company assures the Customer that under no circumstances will it knowingly share personal and/or email information with any third party.

Unsolicited Commercial Email (Spam)
The Company prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that the Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. The Company has the right to revoke the privileges of any customer or company that breaches these terms.

Intellectual Property Rights
All intellectual property rights contained on this Website, including any trademarks used on the Website and copyright in any material contained on the Website or rights in any data are owned by or licensed to Simply.Biz Internet Limited. You are not given any right to use any intellectual property rights contained on the Website otherwise than as expressly permitted by Simply.Biz Internet Limited as communicated on the Website. Any transfer, sale, distribution, reproduction, copying or modification of any material (in whole or in part) is strictly prohibited other than with the prior written consent of Simply.Biz Internet Limited.

The Customer does not and will not allow others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of the Company's technology or delete or alter author attributes or copyright notices. All Customers shall use our Website systems solely for their own use and shall not allow others to use the our systems under or through that Customer's login email address, username and/or password.

Intellectual Property Rights means all intellectual property rights (across the world, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronisation rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Customer Privileges
Customer privileges are granted by the Company to individuals exclusively and are granted specifically to registered members only. Individual user rights cannot be assigned, sub-licensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of the Company. The Company requires that each registered user maintain a valid email address or username and a password, which shall be utilised for logging on to our Website members control panels. Customers are not permitted to share their individual log in information with others. The Company has the right to refuse the Service to any member that refuses to agree or abide by these terms and conditions herein or abuses their rights related to the website service.

Submission of Agent Reviews
You may only submit a rating or review if you are a registered member. We do not tolerate the use of these forms to submit defamatory, harassing, offensive or abusive comments to agents profiles.

All submissions are moderated prior to publication. Any submissions deemed to contravene our terms will result in deactivation of the offending account without prior notice.

Any competing agents or brokers attempting to use the review and rating system as a means to gain a competitive advantage will have their accounts suspended without prior notice.

Submission of Listings
The Customer agrees not to submit any business descriptions, photographs, financial, contact or other information contained in each business's data to this Website unless the Customer has received all necessary rights and authorisation, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on the Customer's website or on any of our Websites. The Customer agrees not to submit any images which contains inappropriate content. The Company may, in its sole discretion but without any obligation to search for such, remove a business listing and its associated owner ("Listing" or "Customer") that is alleged to have been submitted in violation of this provision.

In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted businesses or other information in violation of this Agreement. Each listing purchased by the Customer is permitted for one business for sale only, and may not be changed or edited in an attempt to sell a different business entity. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. In such circumstances where a Listing or Customer account has been removed from our system, any request for reimbursement or refunds of fees paid will be refused.

Additionally, the Customer agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or any of our Websites via HTTP, HTTPS, RSS, XML or other necessary and accessible means via the internet.

The Company assumes the sole authority to choose and modify the manner in which any Listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on our systems and the Company shall have the right to modify any business listing in the exercise of its rights under this Agreement to improve the quality, consistency and visibility of any Listing.

Payment Terms
The Customer agrees to pay for all products ordered through our Service using the payment method indicated (PayPal) and provides the Company express authorisation to charge said fees to their payment provider using the systems maintained and operated by our third party provider (PayPal). Fees owed depend on the specific type and quantity of products, services, information, or deliverables ordered.

Payment of fees shall not be contingent on any events other than the delivery of the ordered advertising Service.

If payment is not received, the Company may immediately cease to provide any and all services provided to the Customer and have the said Customers membership and all associated account information, business for sale listings and account access disabled, suspended or even deleted. All fees paid for monthly subscriptions are paid for in advance and are non-refundable, regardless of the fee period remaining or whether the subscription is terminated prior to the end of the said month. Fees paid for business listings and other products are not refundable. No partial monthly refunds will be provided unless under exceptional circumstances, determined by our own investigations on any individual case review or appeal.

Cancellation
Customers may cancel their product membership by either using their control panel options to de-activate their account or alternatively by contacting us. Manual cancellations or de-activation via the members control panel requires additional manual cancellation of payment schedules via our third party provider (PayPal) which is detailed in full within the Customers control panel at the time of cancellation. Customer must act on these instructions to fully cancel their account manually. Customers are instructed to cancel their payment schedule by logging onto their said PayPal account and cancelling their payment subscriptions manually.

To ensure full and correct cancellation, Customers are therefore strongly advised to email us to fully cancel their accounts, by sending a cancellation request email to support@simply.biz. All cancellation requests will be processed within three (3) business days, and a cancellation confirmation will be emailed to the registered email address on record for the account. Customers must therefore allow at least 72 hours prior to the next scheduled payment from their account to prevent any overpayments occurring before we cancel the Customers account.

During any manual account cancellation or de-activation, all Customers are fully responsible for cancellation of their payment schedules using their nominated payment provider (PayPal). If a manual account de-activation by the Customer has been carried out using their control panel and we continue to receive payments in error due to failure of cancellation of payments by the Customer, the Customer accepts full responsibility for the error.

In all circumstances where a cancellation has taken place, prior to the end of the agreed term, all fees will become immediately due where fees have not been received. On receipt of a cancellation request, the membership will be deactivated immediately regardless of the remaining term during the said period.

In all circumstances where a Customer cancels their payment schedule with our nominated payment provider (PayPal), a signal referred to a "call-back" will be sent to our system by our payment provider (PayPal) which will immediately switch your account and all Listings associated offline. Such an action as payment cancellation will be treated as such that the Customer has effectively elected to cancel their said account at their own choosing. Under no circumstances will the said account be re-instated by us or will any refunds be paid, regardless of the remaining monthly period remaining until the next scheduled payment. Cancelling monthly payments by the Customer will be treated as an immediate declaration to cancel all privileges on the website and the Customer assumes all responsibility for this action. Customer accounts will only become reactivated once their repayment schedules have been reinstated fully.

The Company reserves the right to change its fees or billing methods at any time without prior notice. It is the Customer's sole responsibility to promptly provide the Company with any contact or billing information changes or updates (as appropriate).

Terms for Private Sellers & Business Transfer Agents ("Brokers")
Before advertising the sale of a business, business opportunity or franchise on this Website you should carefully read these Terms and Conditions and in particular the above Disclaimer as well as the following terms set out. If you do not agree to be bound by all of these Terms, you should not advertise the sale of a business on this Website. By advertising on this Website, you hereby exercise these terms and conditions and effectively, agree to be bound by them.
If you are selling a business, business opportunity or franchise in the capacity as a broker, agent or any other form of intermediary so that you are not selling in your personal capacity you must register as a Broker on this Website, otherwise you must register as a Private Seller.

You hereby warrant that you have the full authority and permission to advertise the business, business opportunity or franchise in question on the Website by the owner of the business by mutual contract (if appropriate) and in particular that you have not advertised a business, business opportunity or franchise by simply copying, duplicating or otherwise removing it from a third party intermediary, broker, third party website or otherwise without the permission of the owner.
This Website is for the sale of entire businesses, business franchises and/or business opportunities. Simply.Biz Internet Limited is not regulated by the Financial Services Authority or any other regulatory body and you are strictly prohibited from offering any form of shares, bonds, securities, collective investment schemes or anything similar via this Website. Please contact us if you are in any doubt as to whether you can advertise on this Website. 

This Website provides you with the opportunity to advertise the sale of your business, business opportunity or franchise. The Company does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this Website. The Company strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/brokers.

You warrant that the content of the advertisement you place on this Website will be true and accurate to the best of your knowledge and hereby agree to indemnify the Company for 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.

The Company reserves the right to remove any business listing if we, in our reasonable opinion, consider such listing to be improper, fraudulent or otherwise not genuine. 

The Company reserves the right to edit any business listing if we, in our reasonable opinion, believe such editing will improve the quality of the Website for reasons of clarity, search engine visibility or ease of use for visitors of the Website to find the Listing in question. At no stage will we alter or change details of a confidential, sensitive or financial nature, such as sales, turnover or profit figures, or the description of the business Listing unless grammatical errors have been found. This clause does not guarantee or imply that all or any Listings submitted though our system are checked for accuracy or quality at any stage.

The Company reserves the right to place any advert in additional categories or change the category and positioning of any business listing in our directories if we, in our reasonable opinion, believe such changes will improve the quality of the Website.

All Brokers who register with our Service agree to be have their company details and personally elected employee, staff or associate details placed within our "Find a Broker" directory pages, purely for the purpose of allowing users of our website to search and find professional intermediaries registered on our system.

All individual profiles of brokers, business transfer agents and intermediaries offers a rating system that allows registered users of the website to submit constructive, informative and objective feedback of the said broker in question for other users to read and review in the public domain. All reviews and ratings are moderated in the interests of fairness and quality. Any reviews deemed to be defamatory, illegal, offensive, provocative or otherwise inappropriate for our website pages will be removed and may result in the cancellation of the users account in question associated with the review.

Any Broker not wishing to have a public profile or reviews page on public display must switch the visibility of their unique profile off-line within their members control panel.

Terms for Private Buyers
Before contacting a seller of a business through this Website you should carefully read the Terms and Conditions and in particular the above Disclaimer as well as the following terms set out. If you do not agree to be bound by all of these terms, you should not register on this Website or attempt to contact a seller regarding the purchase of a business using this Website.

The Company provides this Website which gives you the opportunity to search for and purchase businesses, business opportunities or franchises by contacting register Members who advertise on this Website. The Company does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this Website. The Company strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.

You hereby agree to indemnify the Company for 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.

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