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Dynamis' Terms & Conditions

Welcome to BusinessesForSale.com. This Website is owned and operated by Dynamis Ltd. If You are based in a country listed in Part 8 of these Terms, then Dynamis APAC Pty Ltd is Your contracting entity for the purposes of these Terms. If You are based in a country which is not listed in Part 8 of these Terms, then Dynamis Ltd is Your contracting entity for the purposes of these Terms.

These Terms (as defined below) are important so please read them carefully.

Part 1 will always apply when You use this Website. If you want to use Buyer Services, Directory Services or Seller Services, You have to create an Account and other Parts of these Terms will apply.

Part 2 will apply where You wish to create an Account on this Website to receive the Services.

Part 3 will apply where You wish to use the Seller Services.

Part 4 will apply where You are a Broker or wish to use the Directory Services.

Part 5 will apply where You wish to use the Buyer Services.

Part 6 will apply where You wish to use valuation services on BusinessesForSale.com.

Part 7 additional terms for other advertising services.

Part 8 sets out the countries for which Dynamis APAC Pty Ltd are responsible.

Part 9 applies where You wish to use M&A Vault.

If You do not agree to these Terms please do not use this Website or the Services.

Dynamis reserves the right to change these Terms at any time and You should print a copy of these Terms for Your records. You should check back regularly to see if they have changed as they will be effective from the next time that You access this Website or the Services and Your continued use of this Websites and the Services shall indicate Your acceptance of any change. Dynamis will make every effort to communicate these changes to You by notification on this Website or by email.

PART 1: GENERAL

  1. 1 DEFINITIONS AND INTERPRETATION

  2. The following definitions and rules of interpretation apply in these Terms.
  3. 1.1 Definitions:
  4. Account: the account You set up when You register on the Website.
    Broker:
    1. (i) an individual acting in a commercial capacity or
    2. (ii) a company or trading entity who
    3. (a) is authorised to act on behalf of a third party who is either a buyer or a seller; or
    4. (b) offers services to a third party who is either a buyer or a seller.
    Buyer: an individual acting in a commercial capacity or the company or trading entity on behalf of which an individual uses the Buyer Services.
    Buyer Services: the services available on this Website if users are interested in purchasing a business or franchise, which are more particularly described on the sections of this Website related to "Buyers".
    Content: any text, advertisement, images, graphics, sounds, videos, films, logos, information or other materials.
    Data Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
    Data Processor: means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
    Data Protection Legislation: means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
    Data Subject: means an individual who is the subject of Personal Data.
    Directory Services: the services available on this Website if You are a Broker, which are more particularly described on the "Services Directory" section of this Website.
    Duration: the applicable length of time for which You pay a Subscription Fee (if any) as set out in the Fee Model. In the case of the Seller Fee this shall be a minimum period of 12 months from Account creation and acceptance unless terminated earlier.
    Dynamis: Dynamis Ltd and/or Dynamis APAC Pty Ltd.
    Dynamis APAC Pty Ltd: Dynamis APAC Pty Ltd, a wholly owned subsidiary company of Dynamis Ltd, is registered in Australia. Address: Angel Place, Level 17, 123 Pitt St, Sydney NSW 2000, Australia. ABN: 68 167 647 850. All customers based in the Asia Pacific (APAC) region are looked after by Dynamis' Australian office. See the full list of APAC countries in Part 8 below.
    Fee Model: the model selected by You for the relevant Services when You agree to these Terms which determines the Subscription Fee (if any) and Duration and any other terms which appear on the Website or are provided by Your account manager in relation to the relevant model. This shall not apply to the Seller Services which shall be governed by the Seller Fee Model.
    IPR: any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
    M&A Vault: a service provided by Dynamis to Brokers and Sellers to provide additional information about Buyers referred through the Website.
    Other Advertising Services: the advertising services available on this website if you are not a buyer, Broker, seller or other intermediary. This includes, but is not limited to, all banner advertising found throughout this Website and ad hoc third party email campaigns.
    Partner Websites: any websites, other than the Website, operated by Dynamis.
    Personal Data: the potential refund of the Seller Fee as set out in Part 3.
    Refund Guarantee: the potential refund of the Seller Fee as set out in Part 3.
    Seller: an individual acting in a commercial capacity or the company or trading entity on behalf of which an individual uses the Seller Services.
    Seller Fee: the fees (which may be a one-off fee, periodic fees or a combination of both) payable by You to Dynamis for the relevant Services. The applicable fee shall be as set out in the Fee Model selected by You save for Seller Services which shall be the Seller Fee.
    Seller Services: the services available on this Website if users are interested in selling a business, which are more particularly described on the sections of this Website related to "Sellers".
    Services: the Buyer Services, Directory Services, Seller Services, ValueRight, Other Advertising Services or any other services made available to You through this Website.
    Subscription Fee: the fees (which may be a one-off fee, periodic fees or a combination of both) payable by You to Dynamis for the relevant Services. The applicable fee shall be as set out in the Fee Model selected by You.
    Terms: these terms and conditions of use.
    ValueRight: a service/tool available on this Website, which provides an estimation of the value of Your business.
    Website: the internet site at the domain businessesforsale.com and all its subdomains.
    You or Your: (as appropriate) a Buyer, a Seller, a Broker or other individual acting in a commercial capacity who accepts these Terms or the company or trading entity on behalf of which an individual accepts these Terms.
  5. 1.2 Clause headings shall not affect the interpretation of these Terms. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
  6. 1.3 A reference to: (a) a company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and (b) a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
  7. 1.4 Unless the context otherwise requires: (a) words in the singular shall include the plural and in the plural, shall include the singular; (b) a reference to one gender shall include a reference to the other gender; and (c) the words "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.

  1. 2 PURPOSE OF THE WEBSITE

  2. 2.1 This Website enables advertisements of the sale of entire businesses and/or business franchises. Dynamis is dependent on the owners of businesses advertised on this Website to provide information about their business.
  3. 2.2 You should carry out your own investigations into businesses advertised on this Website. Dynamis does not conduct any investigations or due diligence into any parties advertising on this Website and the inclusion of any business is not a recommendation from Dynamis about that business.
  4. 2.3 Dynamis can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by You based on any information, opinions or advice contained within this Website.
  5. 2.4 Through the use of the Services and the Website, You agree that any content placed by You or other members of your organisation on Your behalf on our Website can also be displayed on other online portals that have co-branding relationships with Dynamis. In addition, this content may be reproduced for inclusion in, and is not limited to, magazines, newspapers, trade press and marketing collateral / handouts. This will always be done with the aim of increasing prospective buyer views and enquiries. These channels are collectively known as “Partners”.

  1. 3 YOUR OBLIGATIONS

  2. 3.1 When using this Website and Your Account (if applicable), You agree not to:
    1. (a) attempt to undermine the security or integrity of this Website, or Dynamis' computing systems or networks. Dynamis will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them;
    2. (b) use, or misuse, this Website in any way which may impair the functionality of this Website, or impair the ability of any other user to use this Website;
    3. (c) attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which this Website is hosted;
    4. (d) transmit, or input into this Website, any files or data that may damage any other person's computing devices or software, any Content that may be offensive or in violation of any law (including data or other material which You do not have the right to use);
    5. (e) create links to this Website unless Dynamis gives You prior written consent or as otherwise set out in these Terms;
    6. (f) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate this Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
    7. (g) impersonate any other person while using this Website;
    8. (h) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using this Website; or
    9. (i) use this Website for any unlawful purpose.

  1. 4 PERSONAL DATA

  2. 4.1 We collect, store and use personal information collected from visitors to this website. Please read our Privacy Policy for details of how we collect and use your Personal Data as well as your access and correction rights to any data we hold about you.
  3. 4.2 In delivering the Services in connection with these terms Dynamis shall comply with all applicable requirements under the Data Protection Legislation.
  4. 4.3 For the purposes of the Data Protection Legislation, in most cases You are the Data Subject, Dynamis is the Data Controller and any other sub-contractor, or third party engaged in the performance of the Services to You are the Data Processors.
  5. 4.4 Where You are a Broker or intermediary however, your clients or customers are the Data Subjects, You are the Data Controller, and Dynamis is the Data Processor. In such cases You will ensure that You have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Dynamis for the duration and purposes of this agreement.
  6. 4.5 In the case where we share the Personal Data of other Data Subjects with you, we (us and you) are joint Data Controllers for the purposes of the Data Protection Regulation. You agree to only process the data in accordance with your responsibilities and obligations to the Data Subject.
  7. 4.6 You agree to process all data provided in accordance with current Data Protection Legislation. Together with our Partner Websites, we pass on prospective buyer information as part of a contract between us and the prospective buyer, and as part of this contract with You. It’s in your legitimate business interests to contact said buyer about the advertised business opportunity, franchise, commercial property, or related service. In order to market to those users further you will need to gain your own consent or define your own legal basis for processing.
  8. 4.7 We shall, in relation to any Personal Data used in connection with the performance by Us of Our obligations:
    1. (a) collect, store and use the data in accordance with Our Privacy Policy which is displayed on the Website;
    2. (b) maintain complete and accurate records and information to demonstrate its compliance with the Data Protection Legislation; and
    3. (c) notify You without undue delay on becoming aware of a Personal Data breach relating to Your Personal Data.
  10. 4.8 You consent to Dynamis appointing third-party processors of Personal Data and Dynamis shall enter any third-party processor into a written agreement, incorporating terms reflecting those set out in this clause.

  1. 5 DISCLAIMER

  2. 5.1 The provision of, access to, and use of, this Website is on an "as is" basis.
  3. 5.2 It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used. In providing the Services, Dynamis does not act as a broker and is not authorised by Sellers, Buyers or Brokers to act on behalf of their businesses in negotiating terms for the sale or purchase of businesses.
  4. 5.3 You are responsible for Your use of the Services and for ensuring that such use is compliant with applicable law.
  5. 5.4 Dynamis does not warrant or represent that any particular results or outcomes will be achieved through use of the Services.
  6. 5.5 Dynamis will use reasonable endeavours to make this Website and Services available at all times but does not warrant or guarantee that this Website or Services will always be available or that they will be uninterrupted or error free.
  7. 5.6 Dynamis uses industry standard security processes and procedures to protect this Website against viruses, worms, Trojan horses, malware and other disabling devices but Dynamis cannot guarantee that this Website will be free from the same or totally secure.
  8. 5.7 Dynamis shall have no liability for any errors, omissions, inaccuracies or misleading statements or representations in any Content or instructions provided to Dynamis in connection with the Services, or any actions taken by Dynamis at Your direction.
  9. 5.8 All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of satisfactory quality, fitness for purpose and title.

  1. 6 LINKING AND COOKIES

  2. 6.1 Where this Website is linked to any website operated by any third party Dynamis accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such third party website. The presence of a link on this Website shall not be deemed to be a recommendation or endorsement of such third party website by Dynamis. Your dealings with third party websites are solely between You and the applicable third party and You should read their terms and conditions and policies before using them.
  3. 6.2 You may create Your own reference to this Website, provided that Your reference is in a text-only format. You may not use any link to this Website as a method of creating an unauthorised association between an organisation, business, person, event, goods or services and any of the Dynamis companies (including, for the avoidance of doubt, www.businessesforsale.com), and agree that no such link shall portray Dynamis or any Dynamis company (or Dynamis or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. Dynamis reserves the right to withdraw permission to use links to this Website at any time.
  4. 6.3 BusinessesForSale.com uses cookies. Please read our Cookie Policy and Privacy Policy for further details.

  1. 7 INTELLECTUAL PROPERTY RIGHTS

  2. 7.1 All IPR contained in and pertaining to this Website, including any trademarks used on this Website, copyright in any Content and rights in any data contained on this Website are owned by or licensed to Dynamis. You are not given any right to use any IPR contained in or pertaining to this Website otherwise than as expressly permitted in these Terms or by law. Any transfer, sale, distribution, reproduction, copying or modification of any material contained on this Website (in whole or in part) is strictly prohibited other than with the prior written consent of Dynamis.
  3. 7.2 You agree that Dynamis is free to use any comments, information or ideas contained in any communication You may send to us without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Website, products or services.
  4. 7.3 You grant Dynamis a royalty-free, limited, revocable licence to display and use to the extent necessary to provide the Services, Your logo, trademark, business name or any other IPR in any Content which You provide to Dynamis.
  5. 7.4 You warrant that any Content provided by You to Dynamis does not infringe the IPR or other rights of any third party and You are responsible for ensuring that any Content that You provide within this Website is accurate, complete, truthful and compliant with law.

  1. 8 INFRINGEMENT AND INDEMNITY

  2. 8.1 Dynamis reserves the right to remove any material You upload or post onto this Website if, in its opinion, such material infringes or is likely to infringe the IPR of any third party.
  3. 8.2 Dynamis will not be responsible or liable to You for the Content or accuracy of any material uploaded or posted by any other user of this Website.
  4. 8.3 You hereby agree to indemnify Dynamis (who shall have no duty to mitigate its loss) in full and on demand and keep it so indemnified against all claims, demands, actions, proceedings and all direct and indirect damages, losses, costs and expenses (including without limitation legal and other professional advisers' fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss made against or incurred or suffered by Dynamis and whether wholly or in part resulting directly or indirectly from any claim that the Content of any material uploaded or posted onto this Website infringes the IPR of any third party.
  5. 8.4 If You believe that the Content of any material uploaded or posted onto this Website infringes Your IPR, please notify Dynamis at the address stated above.

  1. 9 LIABILITY

  2. 9.1 This Clause 9 sets out the entire liability of Dynamis under or in connection with these Terms including any liability for the acts or omissions of its employees, agents and sub-contractors and in respect of:
    1. (a) any breach of these Terms;
    2. (b) any use made by the You of the Services and Website; and
    3. (c) any representation, statement or tortious act or omission (including negligence).
  3. 9.2 thing in these Terms excludes either party's liability for:
    1. (a) death or personal injury caused by their negligence; or
    2. (b) fraud or fraudulent misrepresentation; or
    3. (c) any liability which cannot be legally excluded or limited.
  4. 9.3 Subject to Clauses 9.2, 9.4 and 9.5, the total liability of Dynamis in any 12 month period arising out of, or in connection with these Terms whether for negligence or breach of contract or howsoever arising shall in no event exceed the total Subscription Fees paid by You during the 12 month period immediately preceding the event giving rise to the claim.
  5. 9.4 Dynamis will not be responsible to You for any business losses that You may incur, including but not limited to, loss of data, loss of profits, loss of goodwill, pure economic loss, corruption of data or information or business interruption.
  6. 9.5 Neither party will be liable for any indirect or consequential losses arising out of or in connection with these Terms.

  1. 10 BARRING FROM THIS WEBSITE

  2. 10.1 Dynamis reserves the right to bar You from this Website and/or restrict or disable Your access or use of any or all elements of Dynamis' services, on a permanent or temporary basis at Dynamis' sole discretion.

  1. 11 GENERAL

  2. 11.1 Language: These Terms and all communications between us will be in English.
  3. 11.2 Rights and Remedies: Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
  4. 11.3 Conflict: If there is an inconsistency between any of the provisions in these Terms and any relevant section of this Website, the provisions in these Terms shall prevail.
  5. 11.4 Entire Agreement: These Terms, and any documents or sections of this Website referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.
  6. 11.5 Waiver and Variation: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
  7. 11.6 Events Beyond Reasonable Control: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control (including failure of the internet, and failure of sub-contractors and/or suppliers). This clause does not apply to any obligation to pay the Subscription Fee or Seller Fee or any other form of due payment.
  8. 11.7 No Assignment: You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
  9. 11.8 Rights of Third Parties: No person who is not a party to these Terms shall have the right, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights granted or benefits enjoyed under these Terms.
  10. 11.9 Severability: If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
  11. 11.10 Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Dynamis must be sent to our customer services team or to any other email address notified by email by Dynamis. Notices to You will be sent to the email address provided when registering Your Account or sending Your enquiry.
  12. 11.11 No Partnership: Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other.
  13. 11.12 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, or if You are based in a country listed in Part 8 of these terms, in accordance with the laws of New South Wales and the Commonwealth of Australia.
  14. Each party irrevocably agrees that:
    1. (a) If you are based in a country listed in Part 8 of these Terms, the courts of New South Wales, Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of New South Wales.
    2. (b) If you are based in any other country, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of England and Wales.

PART 2: CREATION OF ACCOUNT/RECEIPT OF SERVICES

  1. 1 DYNAMIS' SERVICES

  2. 1.1 General
    1. (a) Subject to payment of the Subscription Fees or Seller Fee (if any), Dynamis shall provide the Services to You in accordance with these Terms.
    2. (b) Dynamis shall provide the Services with reasonable care and skill and in accordance with applicable law.
  4. 1.2 Website
    1. (a) Dynamis grants You the right to access and use the Services via this Website. This right is non-exclusive, non-transferable, limited by and subject to these Terms.
    2. (b) Dynamis operates this Website as it sees fit in its sole discretion and shall have total control over its appearance, structure, Content, functionality, user interface and placing of Content within this Website.
    3. (c) Dynamis may change, modify, amend, add to or remove from this Website from time to time at its discretion without notice to You provided that this Website shall always be capable of acting as marketplace for businesses to be bought and sold.
    4. (d) If You have any technical problems with this Website You must make all reasonable efforts to investigate and diagnose problems before contacting Dynamis. If You still need technical help, please check the support provided online by Dynamis on this Website or failing that email our customer services team at csATdynamis.co.uk

  1. 2 YOUR RIGHTS AND RESTRICTIONS

  2. 2.1 You must register an Account with Dynamis to use the Services available on this Website. You must be at least 18 (eighteen) years old.
  3. 2.2 You may make copies of Your information contained in Your Account in any format and in doing so, You may make copies of reasonable portions of this Website and the Content of this Website and Your Account.
  4. 2.3 When You create Your Account on this Website, You will be required to create a username and password. You must ensure that Your username and password are kept secure and confidential. You must immediately notify Dynamis of any unauthorised use of Your password or any other breach of security. You are responsible for any activity on Your Account. It is Your sole responsibility to monitor and control access to and use of Your Account and password. You must take all other actions that Dynamis reasonably deems necessary to maintain or enhance the security of Dynamis' computing systems and networks and Your access to the Services.
  5. 2.4 You shall ensure that You have the consent of any individual whose information is entered into or processed by the Services to use such information in connection with the Services and for Dynamis, its contractors and agents to process such information.

  1. 3 PAYMENTS AND REFUNDS

  2. 3.1 Subscription Fees and the Seller Fee (if any) are paid in advance unless otherwise agreed with your account manager.
    1. (a) When you are a buyer, Subscription Fees are paid in advance at the time you create a Premium Buyer account on the Website. Subsequently, Subscription Fees are due automatically upon each renewal of the Duration.
    2. (b) When you are a seller, the Seller Fee is paid in advance at the time you create an account.
    3. (c)When you are a Broker or intermediary, Subscription Fees are paid in advance at the time that we accept your request for a Broker account or your limited trial comes to an end, whichever is sooner. Subsequently, Subscription Fees are due automatically upon each renewal of the Duration unless otherwise agreed with your account manager.
    4. (d) When you use our Other Advertising Services, Subscription Fees are paid in advance of the Services starting, unless otherwise agreed in writing.
  3. 3.2 Where You are required to pay Subscription Fees or the Seller Fee, or where You pay additional fees as described below, the relevant Services begin once payment has been received (unless agreed otherwise with Your account manager).
  4. 3.3 Additional fees apply for some optional elements of the Services which either:
    1. (a) Your account manager will confirm in writing before You choose to purchase the optional Services; or
    2. (b) will be displayed within Your Account before You confirm that You wish to purchase the optional Services.
  5. 3.4 Dynamis reserves the right to change its Subscription Fees or billing methods at any time. We will provide timely notice to affected Customers of any such changes.
  6. 3.5 Dynamis requires payments for services by credit or debit card or via Paypal unless otherwise agreed in advance. Dynamis will charge You in British Pounds Sterling, Australian Dollars, Canadian Dollars, Euros, New Zealand Dollars, US Dollars, Singapore Dollars or South African Rand depending on the relevant Services and Your country of residence. You may also have to pay any applicable local taxes.
  7. 3.6 Your bank may also apply a fee for an international payment. These fees are exclusively related to Your bank. Dynamis does not apply any extra charge for the international payment. If You have been charged any additional unexpected fees, please contact Your bank in order to receive more information.
  8. 3.7 Please ensure that Your payment card details are kept up to date. If Dynamis is unable to process payment from Your card, Dynamis regrets that it will be necessary to suspend Your Account, subscription and listing(s) until You provide Dynamis with details of a valid payment card. You can do this by contacting our customer services team csATdynamis.co.uk or by updating Your card details stored securely in Your Account. You will still be liable for any outstanding payments that could not be met when Your account was suspended.
  9. 3.8 If either party fails to pay any amount due under these Terms, the other party is entitled to charge interest on the overdue amount, from the due date up to the date of actual payment (after as well as before judgement), accruing on a daily basis at the rate of 2% per annum.
  10. 3.9 Refund requests for the Subscription Fees or the Seller Fee are reviewed on a case by case basis and issued at Dynamis' discretion. If You are unhappy with the Services or You are not using Your Account You may be eligible for a refund. If You simply change Your mind, You may not.

  1. 4 TERMINATION

  2. 4.1 These Terms will continue for the Duration unless and until terminated by either party in accordance with these Terms.
  3. 4.2 If You have selected a Fee Model which has a:
    1. (a) Duration that is stated to automatically renew upon expiry then the Duration shall automatically renew upon expiry provided: (i) payment has been received by Dynamis; and (ii) neither party gives the other party written notice prior to the end of the then current Duration to terminate these Terms, in which case these Terms shall terminate without payment of any compensation or damage due to such termination.
    2. (b) fixed Duration such as the Seller Services, then these Terms shall automatically expire at the end of the Duration.
  4. 4.3 You may end Your subscription for the relevant Services (but not the Seller Services) by contacting Your account manager (if You have one), following the cancellation links in Your Account or contacting Dynamis’ customer services team at csATdynamis.co.uk. To avoid being charged the Subscription Fees or any other fees, Dynamis must receive Your written cancellation notice one week in advance of the renewal of the Duration. Any outstanding monies due on Your account must be settled prior to giving notice.
  5. 4.4 Either party may terminate these Terms immediately on giving written notice where the other party:
    1. (a) breaches any of these Terms (including by non-payment of any fees) and does not remedy the breach, if the breach is capable of being remedied, within seven (7) days after receiving notice of the breach;
    2. (b) breaches any of these Terms and the breach is not capable of being remedied; or
    3. (c) becomes insolvent or goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with creditors, or becomes subject to any similar insolvency event in any jurisdiction.
  6. 4.5 Where Dynamis has a right to terminate these Terms, Dynamis may instead suspend Your use of the Services or the Website for any definite or indefinite period of time.

  1. 5 CONSEQUENCES OF TERMINATION

  2. 5.1 Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms:
    1. (a) You will immediately cease to use the Services; and
    2. (b) Dynamis will remove Your Content from the Website and will suspend Your access to the Services.
  3. 5.2 Clauses 5, 7, 8, 9 and 11 of part 1 of these Terms and Clauses 3 and 5 of part 2 of these Terms shall survive the expiry or termination of these Terms.

PART 3: ADDITIONAL TERMS FOR THE SELLER SERVICES

  1. 1 GENERAL

  2. 1.1 The Website enables advertisements of the sale of entire businesses and/or business franchises. Dynamis is not regulated by the Financial Conduct 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 the Website. Please contact Dynamis at the above address or email our customer services team at csATdynamis.co.uk if You are in any doubt as to whether You can advertise on the Website.
  3. 1.2 You must have the authority and permission of all parties who have a legal interest in the business or franchise, including shareholders, partners and investors, to advertise the business or franchise on the Website and by displaying the advertisement on the Website, You confirm that the advertisement of the business or franchise is for the whole of such business or franchise (and not any part, share, module or element).
  4. 1.3 Dynamis provides the Website which gives You the opportunity to advertise the sale of Your business or franchise. Dynamis does not carry out any investigations or due diligence into the Buyers, Sellers or Brokers who use the Website, or into the legitimacy of any statements made on the Website. Dynamis strongly recommends that You make every effort to check and verify offers personally or through Your professional advisers/agents.
  5. 1.4 If You are contacted by a third party through Your use of the Website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way or who contacts You for any other purpose than to negotiate the purchase of the item You have advertised (such as sale of its services), You should contact Dynamis at the above address or email our customer services team at csATdynamis.co.uk forthwith setting out full details.
  6. 1.5 You warrant that the Content of the advertisement You place on the Website will be complete, true and accurate.
  7. 1.6 You agree to indemnify Dynamis against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of Your use of the Website or breach of these Terms, including, but not limited to, arising out of Your obligations under any regulation or legislation relevant to the country in which Your listing is added.
  8. 1.7 Dynamis reserves the right to refuse to upload and/or to remove any business listing if, in its reasonable opinion, consider such listing to be improper, fraudulent or otherwise not bona fide.
  9. 1.8 Dynamis reserves the right to edit any business listing if, in its reasonable opinion, believe such editing will improve the quality of the Website. Dynamis does not allow the display of a Seller's contact details within a business listing. All Buyer messages will be delivered to Sellers via the Website. Dynamis reserves the right to edit listings and remove any contact details included.
  10. 1.9 The decision where to place a listing within the index of business categories shall be at the sole discretion of Dynamis.

  1. 2 REFUND GUARANTEE

  2. 2.1 If the product purchased for the advertised business included a “Refund Guarantee”, it shall be subject to the following terms.

    If the advertised business advertised for sale on the Website has not been sold by the end of the Duration then Dynamis shall refund the Seller Fee ("Refund Guarantee") subject to the following caveats which if applicable shall render the Refund Guarantee null and void:

    1. (a) the Seller Services have been terminated by Dynamis for breach of these Terms;
    2. (b) within the minimum period of the Duration you have withdrawn the advertisement for the business other than due to a sale. Withdrawn means actually withdrawn or withdrawn in practice because of a lack of genuine sale intent or action;
    3. (c) the advertisement is used in respect of a business other than the one originally advertised;
    4. (d) other than for breach of these Terms by Dynamis you seek to recover the Seller Fee;
    5. (e) circumstances affecting the business or the Seller render the advertised business unfit for sale;
    6. (f) You fail to respond to our communication with you on 3 occasions. Our communication with You will be as set out below;
    7. (g) where the Seller Fee was discounted by mutual agreement;
    8. (h) where You have failed to adequately respond to enquiries from potential buyers;
    9. (i) the advertised business is a franchise or a “repeatable business model” i.e. has the ability to be consistently and reliably duplicated; or
    10. (j) the advertised business is not or during the Duration ceases to be a going concern.
  3. 2.2 In addition to the matters above the Refund Guarantee shall not apply in respect of any Seller Fee paid in relation to certain Dynamis products (including those offering a Test the Market/Limited Trial package, 1 month paid, 3 month paid and 6 month paid more commonly known as:
  4. 'Test the Market/Limited Trial' / AD3
  5. '7 days Private Seller Listing' / internal product code ADW
  6. '1 month Private Seller Listing' / internal product code ADM
  7. '3 month Private Seller Listing' / internal product code ADQ
  8. '6 month Private Seller Listing' / internal product code ADS).

  1. 3 OUR COMMUNICATION WITH YOU

  2. 3.1 Dynamis shall make contact with You on a regular basis.
  3. 3.2 Our communication with You shall be to monitor progress, advise on best practice in selling a business and make suggestions as to further actions You may take if needed.

PART 4: ADDITIONAL TERMS FOR BROKERS AND DIRECTORY SERVICES

  1. 1 GENERAL

  2. 1.1 A Broker account only allows the advertising of business listings represented by that Broker. The account is not to be re-sold or shared with any other broker or business listing website.
  3. 1.2 In addition, the private advertising package is not to be resold by any broker without explicit permission from BusinessesForSale.com.
  4. 1.3 If You are selling a business or franchise in the capacity of a Broker (i.e. You are not selling in Your own capacity) You must register as an intermediary on this Website.
  5. 1.4 You warrant that You have the full authority and permission to advertise the business or franchise on this Website and/or make an enquiry to purchase a business FROM THE DIRECT OWNER and in particular that You have not advertised a business or franchise without the permission of the owner.
  6. 1.5 The "Services Directory" section of this Website enables You to advertise Your services to users of this Website.
  7. 1.6 To use the Directory Services You must register as a Broker.
  8. 1.7 You will ensure that the Content You place on the "Services Directory" of this Website will be complete, true and accurate.
  9. 1.8 You hereby agree to indemnify Dynamis against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of Your use of this Website.

PART 5: ADDITIONAL TERMS FOR THE BUYER SERVICES

  1. 1 GENERAL

  2. 1.1 This Website enables advertisements of the sale of entire businesses and/or business franchises and provides the ability for Buyers to contact Sellers. Dynamis is not regulated by the Financial Conduct Authority or any other regulatory body.
  3. 1.2 You should only contact a party advertising on this Website if You have a genuine interest in purchasing the business or franchise being offered, You should not contact any person for any other purpose such as offering Your or any third party's goods or services or otherwise seeking to solicit business in any way.
  4. 1.3 If You are contacted by a third party through Your use of this Website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way, You should contact Dynamis at the above address or email our customer services team at csATdynamis.co.uk forthwith setting out full details.
  5. 1.4 You hereby agree to indemnify Dynamis against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of Your use of this Website.

PART 6: ADDITIONAL TERMS FOR THE USE OF VALUATION SERVICES ON BUSINESSESFORSALE.COM

  1. 1 GENERAL

  2. 1.1 Our valuation services are tools to assist You with estimating the value of Your business, which is based on You inputting the information required by these tools on this Website.
  3. 1.2 The output from the ValueRight tool is provided as a written report and is dependent upon the accuracy of information You input into the tool.
  4. 1.3 You should not rely on, or take (or not take) any decision based on any information or results obtained through these valuation tools. Any actions or decisions that You take are entirely at Your own risk. You should seek advice from a professional adviser or seek an alternative method of valuation before making decisions about Your business based on the output from these tools. Dynamis does not provide financial advice or services and it is not regulated by the Financial Conduct Authority.
  5. 1.4 Dynamis may use the data inputted by You into these tools on an anonymous basis for Dynamis' own business purposes.

PART 7: OTHER ADVERTISING SERVICES

  1. 1 GENERAL

  2. 1.1 You warrant that the Content of the advertisements You place on this Website or copy you provide will be complete, true and accurate.
  3. 1.2 You hereby agree to indemnify Dynamis against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of Your use of this Website.
  4. 1.3 Dynamis reserves the right to refuse to upload/send and/or to remove any content if, in its reasonable opinion, consider such content to be improper, fraudulent, irrelevant to our audience or otherwise not bona fide.

PART 8: DYNAMIS APAC

The following countries in the Asia Pacific (APAC) region are facilitated from Dynamis APAC Pty Ltd in Australia.

  1. American Samoa
  2. Australia
  3. Brunei Darussalam
  4. Cambodia
  5. China
  6. Christmas Island
  7. Cocos (Keeling) Island
  8. Cook Islands
  9. East Timor
  10. Federated States of Micronesia
  11. Fiji
  12. French Polynesia
  13. Guam
  14. Indonesia
  15. Japan
  16. Lao People's Democratic Republic
  17. Malaysia
  18. Marshall Islands
  19. Myanmar
  20. Nauru
  21. New Caledonia
  22. New Zealand
  23. Niue
  24. Norfolk Island
  25. Northern Mariana Islands
  26. Palau
  27. Papua New Guinea
  28. Philippines
  29. Pitcairn Island
  30. Republic of Korea (South Korea)
  31. Samoa
  32. Singapore
  33. Solomon Islands
  34. Taiwan
  35. Thailand
  36. Tokelau Islands
  37. Tonga
  38. Tuvalu
  39. Vanuatu
  40. Vietnam
  41. Wallis and Futuna

PART 9: ADDITIONAL TERMS RELATING TO M&A VAULT

  1. 1 GENERAL

  2. 1.1 If You are a Seller or Broker who signs up to use M&A Vault:
    1. (a) Dynamis will carry out certain identity verification checks on potential Buyers and provide the Seller or Broker with the results.
    2. (b) Dynamis will take reasonable care to verify the identity of any Buyer including making enquiries with third parties of good reputation and using good industry practice. However, the identity verification checks carried out by Dynamis do not guarantee the identity, intent, creditworthiness or any other aspect of the Buyer, their identity or intent with regard to the Seller's business.
    3. (c) Dynamis relies on third party sources to carry out identity checks so cannot be responsible for any inaccurate or incomplete information gathered from a third party source. The Broker and Seller should not rely on the checks carried out by Dynamis as part of any decision-making progress regarding the sale of the Seller's business.
  4. 1.2 If You are a Buyer looking at teasers in M&A Vault, this paragraph sets out how we will verify Your identity and use Your personal data (in addition to use of Your personal data set out in our Privacy Policy) :
    1. (a) In order to progress your enquiry with the Broker and/or the Seller of the business You have selected, you must register Your interest and provide us with enough of the information requested on screen, and through further communication, in order for us to carry out certain identification checks.
    2. (b) We will use this information to verify your identity with other third party sources. To do this, we will need to share the information You provide to us with them.
    3. (c) We will provide the results of the checks we conduct to the Broker and/or the Seller.
    4. (d) If You do not provide this information, Your enquiry may not be eligible to be sent to the relevant Broker and/or Seller.
    5. (e) We process your personal data based on our legitimate interests to provide quality referrals of potential buyers to our clients who are selling their businesses. We will delete the data that you provide to us and the results of the checks we carry out (whether the results are successful or unsuccessful) within 10 working days from receiving the results. For further details on how we process personal data, including your rights, see our Privacy Policy.