SEEK Business – Advertising Terms of Use
These terms and conditions ("Terms") govern all Advertisers (defined as "Advertiser", "you" and "your") that:
- acquire services from SEEK Business Pty Ltd;
- have placed an advertisement on www.seekbusiness.com.au (the “Site” or “SEEK Business website”); or
- have utilised any features of the Site.
Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.
The Site is owned and operated by SEEK Business Pty Ltd (ABN 33 122 162 029) defined as ("SEEK Business", "we", "us" and "our").
Your continued use of this Site, including without limitation, your posting of an advertisement on the Site, will be deemed as acceptance of these Terms by you.
Variation of Terms
- SEEK Business may vary these Terms at any time. If SEEK Business varies these Terms, it will provide notice by publishing the varied Terms on the Site.
- You accept that by doing this, SEEK Business has provided you with sufficient notice of the variation to its Terms.
Payment
- You agree to pay for SEEK Business’s services in the manner specified by SEEK Business from time to time.
- SEEK Business reserves the right to change, from time to time, the prices it charges for the services. You agree to pay the prices stated at the time you purchase the services.
- All prices quoted for SEEK Business’s services are exclusive of GST. GST will be added to such prices and charged to you at the time of payment.
- All amounts owing to SEEK Business must be paid at the time of purchase unless SEEK Business has consented otherwise.
- If you purchase a 3, 6 or 12 Ad Pack you may, within 3 days of the time of purchase, cancel your order and SEEK Business will refund your payment.
- You are obliged to pay for the services that SEEK Business agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide SEEK Business with the necessary materials or information for SEEK Business to deliver these services to you, you are still liable to SEEK Business for full payment.
- If you do not pay your account on time SEEK Business may disable your account without notice and refuse to supply further services to you.
- You agree that pursuant to the Privacy Act 1988 (Cth), SEEK Business may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purposes of assessing any commercial credit application made by you and collecting overdue payments relating to commercial credit owed by you.
- You agree that SEEK Business may disclose this information to a credit reporting agency or any other interested person.
Intellectual Property Rights
- SEEK Business retains all intellectual property rights contained in any of the goods and services provided to you by SEEK Business.
Limitation of Liability and Disclaimer
- SEEK Business provides no warranty to you that services generally available through the Site will be uninterrupted or error free. To the maximum extent permitted by law, SEEK Business, its officers, employees, agents and contractors will not be liable in any way to you or anyone else for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption, the loss of data or information or indirect costs, even if we are informed of their possibility), however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site. SEEK Business agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to the SEEK Business website will be remedied as quickly as possible.
- In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
- SEEK Business makes every effort to avoid errors in advertisements it has agreed to post to the SEEK Business website. However, SEEK Business accepts no responsibility or liability for any errors and requires you to check your advertisements for errors as soon as they are placed on the SEEK Business website. All reasonable efforts will be undertaken by SEEK Business to edit errors brought to SEEK Business’s attention as soon as reasonably possible.
- SEEK Business agrees to use reasonable efforts to publish advertisements in the shortest possible time.
- SEEK Business cannot and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- SEEK Business acts as a medium through which individuals seek business opportunities. SEEK Business does not vet, nor is it responsible for vetting, business seekers or the representations made by them whether oral or in writing.
Changes to the Site
- SEEK Business may, at any time, without notice nor liability to you:
- alter the functionality and/or appearance of its products and services available from SEEK Business or the SEEK Business website itself, including but not limited to advertisements on the SEEK Business website and/or as they are represented on mobile communication devices; and
- perform maintenance on or in respect of the SEEK Business website to ensure its satisfactory operation, which maintenance may affect the availability or functioning of the Site.
Your Obligations
- You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
- advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
- all files delivered to SEEK Business will be free of infection or viruses;
- you will not use the Site for any illegal purpose;
- you will not use the Site or any features of the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to SEEK Business, the Site users or persons generally; and
- if you have engaged a third party provider to obtain data and/or obtain services from the Site on your behalf, you understand that a breach of these Terms by that provider will be deemed to be a breach of the relevant Terms by you, and SEEK Business will have the right to take action against you on account of that breach (even if you had no knowledge of, and no involvement in, the said breach).
- To enable you to utilise SEEK Business’s services, you will be provided with one or more password protected accounts (as SEEK Business deems appropriate). You are obliged to monitor the usage of those accounts and will be liable for any services purchased through their use.
- You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without SEEK Business’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
- You indemnify and will keep indemnified SEEK Business, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by SEEK Business in connection with:
- any breach of these Terms by you;
- any negligent act or omission by you;
- the listing or proposed listing of any advertisement by you on the Site or any related site; or
- an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your advertisement appearing on the Site.
- You agree at all times to deal with any information or products provided by SEEK Business or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without SEEK Business's prior written approval.
- You may not to post any pyramid scheme on the SEEK Business website nor ask or require any business seeker to pay a fee, charge, cost or any money whatsoever to make an enquiry about an advertisement on the SEEK Business website. Such fees, charges, costs or monies may not be asked or required of the business seeker in the advertisement itself nor in any communication with the business seeker that takes place as a result of an advertisement placed on the SEEK Business website;
- You may not use any feature of the SEEK Business website to send unsolicited commercial email to others, whether individually or as a group. Any tools made available by SEEK Business or used in connection with the SEEK Business website may only be used to communicate with others about the specific advertisements they have posted to the SEEK Business website or the advertisements to which they have responded. Database tools may only be used to communicate with others about specific businesses which match your preferences.
- You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to SEEK Business without SEEK Business's prior written approval.
Misuse of data, and on-selling
- You may not under any circumstances provide any personal information of business seekers you have obtained through your use of the Site to any other party, including to any affiliate or related party of yours (unless SEEK Business or the business seeker has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
- SEEK Business takes its obligations under the Privacy Act 1988 extremely seriously, and is resolute in its determination to prevent the misuse of personal data. If SEEK Business believes that you have misused personal data obtained through the use of the Site for any reason, SEEK Business reserves the right to:
- immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received personal information from you in breach of these Terms;
- report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
- take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
Placing Advertisements
- You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
- Competition and Consumer Act 2010 (Cth);
- Fair Trading Acts in all applicable States and Territories;
- Privacy Act 1988 (Cth) including the National Privacy Principles;
- Estate Agents Acts in all applicable States and Territories;
- Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
- all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business. If you have obtained an exemption to comply with such legislation, you must include the exemption number in the advertisement submitted to SEEK Business.
- You are not permitted to insert links to an external website or an externally hosted application form within the details of an Advertisement (including from the apply functions) without SEEK Business's express written approval which may be granted withheld or withdrawn at SEEK Business's discretion.
- You may only post an advertisement to the Site that is a genuine business opportunity for which you are currently seeking a purchaser at the time of posting. SEEK Business reserves the right to request any information from you that it deems necessary to verify that a genuine business opportunity exists. If you fail to provide this information within a reasonable time following such a request, SEEK Business reserves the right to (at its discretion):
- immediately suspend your advertisement and/or account;
- terminate your account; and/or
- take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
- If your advertisement makes any claims regarding expected or potential earnings, profit or other financial performance metrics, you must on request provide SEEK Business with evidence substantiating such claims. If your fail to do so within 3 days following such a request, SEEK Business reserves its rights to immediately suspend your advertisement.
- You may not post advertisements to the Site to any location outside of Australia or New Zealand without SEEK Business's express written approval. SEEK Business reserves the right to charge you our then applicable standard casual rate for any advertisement posted to any such location in breach of this clause.
- You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
- Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. SEEK Business reserves the right to amend, alter or remove any information that does not meet this requirement.
- SEEK Business reserves the right and Advertisers must accept as a condition of advertising on the Site, SEEK Business's right to re-classify advertisements posted to the Site, entitling SEEK Business to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
- Standard advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
- The following actions constitute a new/additional advertisement for which you will be charged:
- copying an advertisement;
- reposting an archived or deleted advertisement; and
- extending an advertisement which adds 30 days to the life of the advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions
- Changes to advertisement body copy and title or location, industry and investment level categories within the existing zone do not constitute a new advertisement.
Business Brokers
- Any advertisements (including but not limited to Boosted Ads) acquired by you from SEEK must not be on-sold or supplied by you to third parties unless you are a business broker and supply business broker services (as approved by SEEK) in conjunction with the advertisements (including but not limited to Boosted Ads)
- Where you are a business broker and in accordance with clause (1) on sell or supply advertisements acquired by you from SEEK, those ads must be branded with your business broker brand or co-branded with both your business broker brand and the brand of your client to whom the advertisement has been on sold or supplied.
- If you breach either or both of clauses (1) and (2), then SEEK, in addition to its rights under General Terms clause 1, reserves the right to charge you the casual advertiser price for each advertisement, (including Boosted Ads) placed by you on the Site in breach of those clauses.
Private Advertiser
If you utilise the "Private Advertiser" Function then clauses 43 to 45 apply to you:
- At the time of collection of a business seeker’s personal information, or as soon as practicable thereafter, you warrant to SEEK Business that you will:
- advise the business seeker (by way of notice in writing) that any personal information you collect about them will be held, used and disclosed in accordance with your privacy policy; an
- make a copy of your privacy policy available to the business seeker.
- From time to time SEEK Business receives requests from business seeker regarding personal information collected by Advertisers. Where SEEK Business receives such a request from a business seeker whose personal information you have received, we will pass such request on to you. You warrant to SEEK Business that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
- You agree to indemnify and hold SEEK Business harmless against any loss or damage whatsoever that SEEK Business may incur, including but not limited to any civil penalties which may be imposed, as a result of:
- a failure by you to comply with clauses 43 and 44;
- a breach of the Privacy Act 1988 (Cth) or the Information Privacy Principles by you; or
- any indirect contravention of the Privacy Act 1988 (Cth) or the Information Privacy Principles by SEEK Business caused by your non-compliance with clauses 43 and 44.
SEEK Business List Until Sold Terms and Conditions
- List Until Sold allows you to advertise your business for as long as it takes to sell it in accordance with these terms. However, List Until Sold does not guarantee the sale of your business.
- List Until Sold can only be used to advertise one business for sale at a time per registered account.
- A List Until Sold advertisement will be listed on the SEEK Business website for an initial 12 month (12 x 31 day) period (Advertising Period) during which your List Until Sold listing will be automatically re posted every 31 days by SEEK Business.
- If you require longer than the Advertising Period to sell your business, you may within 3 months of the conclusion of the Advertising Period (Free Repost Period) repost your List Until Sold listing for continuous periods of 31 days at no charge via the SEEK Business Advertiser Centre.
- If you manually repost your listing before the conclusion of the Free Repost Period and wish to continue advertising your listing, you must continue to manually repost your listing via the SEEK Business Advertiser Centre prior to the conclusion of each 31 day advertising period until you no longer require such advertising. Such reposting will be at no charge.
- If you do not manually repost your listing via the SEEK Business Advertiser Centre before the conclusion of the Free Repost Period, you will forfeit your listing and be charged the full rate of a new listing should you wish to post the same listing in the future.
- If you manually repost your listing before the conclusion of the Free Repost Period, but do not continue to manually repost your listing via the SEEK Business Advertiser Centre prior to the conclusion of each 31 day advertising period, you will forfeit your listing and be charged the full rate of a new listing should you wish to post the same listing in the future.
- List Until Sold product is not transferrable.
- List Until Sold cannot be used in conjunction with any other advertising package.
- In accordance with the Advertising Terms of Use, SEEK Business may review any List Until Sold advertisement prior to publication and may, in its absolute discretion and without any liability to you, reject or remove any advertisement for any reason including (but not limited to) where SEEK Business believes an advertisement may be in breach of its terms and conditions or of any law or regulation.
- List Until Sold product does not guarantee site performance including any number of ad views and/or enquiries.
Licence to use data
- Except for information that is 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Advertiser is owned by the Advertiser, and not SEEK Business.
- The Advertiser hereby grants SEEK Business a perpetual, non-exclusive, irrevocable licence to use any stored data to:
- manage internal reporting requirements;
- collate statistical information about use of the Site and submission of online applications;
- analyse user behaviour on the Site;
- obtain and analyse high level trends and prepare reports relating thereto; and
- generally improve users’ experience on the Site.
Hardware & software
- It is the Advertiser's responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Site.
General Terms
- SEEK Business may review advertisements prior to publication and may, in its absolute discretion and without any liability to you, reject or remove any advertisement for any reason including (but not limited to) where SEEK Business believes an advertisement may be in breach of these terms and conditions or of any law or regulation.
- SEEK Business may also terminate these terms and conditions if you post any advertisement or material that may be in breach of any law or regulation. SEEK Business will not unreasonably exercise these rights.
- Termination of these terms and conditions will not end those provisions that are capable of surviving the ending of these terms and conditions.
- These Terms are governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
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