Terms & Conditions
This website is owned and operated by ebusinesstransfer.com and this is the page where you can familiarize yourself with the terms and conditions under which this website is functioning. ebusinesstransfer.com is your contracting entity for the purposes of the terms and conditions presented on this page.
The terms detailed and described below are important, in order to understand fully the content of this terms and conditions page. Please, make sure to have a look and read them carefully.
In Part One you will find out more information about terms and conditions applied when you use the website. Other parts of these terms and conditions will apply when you create an account and use other buyer, seller, and directory services provided by the company. You will find additional information about them in the text.
In Part Two you will find further information and the terms and conditions applied when you create an account on the website and become a receiver of services provided by the company.
In Part Three you will find further information about terms and conditions applied when you use the seller services provided by the company.
In Part Four you will find further information about terms and conditions applied when you are a registered broker on the website and you use the directory services provided by the company.
In Part Five you will find further information about terms and conditions applied when you use the buyer services provided by the company.
In Part Six you will find additional information about any other advertising services provided by the company and the terms and conditions applied.
Continuing using the website means that you agree with all terms and conditions as described on this page. If you don’t agree with these terms and conditions, please, make sure to not use the website and other services provided by ebusinesstransfer.com.
We reserve our right to change these terms and conditions at any given time. We recommend every user of the website to print their own copy of these terms and conditions for their own records. In order to keep up with any potential changes applied on these terms and conditions, make sure to visit this page regularly and check out for any new additions and changes. Any changes of these terms and conditions become effective once they are published on this page and from the next time you visit and use the website or any other services provided by the company. If you continue using the website and any other services provided by the company, we assume you agree with all changes and additions applied to these terms and conditions. Our company will try to inform all registered users of the website via a notification published on the website or via e-mail about all changes and new additions applied to these terms and conditions.
Part One: General
The following definitions apply to these terms and conditions:
Account – Regards the account you set up when you register on this website
Broker – Regards an individual, who is acting in a commercial capacity or a company or a trading entity, who are authorized to act on behalf of a business seller or a buyer of a business or offer services to a third party who is either a buyer or a seller of a business
Buyer – An individual or a company/trading entity using the buyer services provided by the company
Buyer Services – Services provided by the company and available on the website for users interested in buying a business/franchise
Content – Includes all texts, advertisements, images, graphics, videos, films, logos, information, and all other materials of the company
Data Controller – Regards the legal person, public authority, agency, or other body, who determines the means and purposes of processing of personal data
Data Processor – Regards the legal person, public authority, agency, or another body, who processes personal data on behalf of the data controller
Data Subject – Regards the individual, who is the subject of personal data
Directory Services – Regards all services available on the website for brokers
Duration – Regards the applicable length of time for which a subscription fee is paid
Fee Model – Regards the payment model you select for the relevant services when you agree to the terms and conditions describing and determining the subscription fee and duration of the service
Other Advertising Services – Regards to any other services available to users of the website, who are not registered as buyers, seller, broker, or another intermediary.
Personal Data – The terms is used with the same meaning set by the Data Protection Legislation
Seller – Regards the individual or the company/trading entity on behalf of which an individual uses the seller services provided by the company on the website
Seller Services – Regards to the services available on the company’s website for users interested in selling a service
Subscription Fee – Regards to all one-off, periodic, or a combination of both fees that you pay for using paid services provided by the company on the website. The subscription fee is set by the fee model you select
You and Your – Used for referring the seller, buyer, broker, any other individual, or a company/trading entity who accepts these terms and conditions of the company
Unless otherwise required by the context, all words in singular form also include the plural form and all words in a plural form also include the singular form, any reference to one gender includes all other genders.
Purpose of the Website
✓ This website is created with the mission-enabling advertisements of businesses, domains or franchises on sale. All information about businesses, domains or franchises on sale is provided by the owners of the business. The website is only publishing the information provided by the business owner, therefore the company is not responsible for any false or missing information.
✓ We recommend any buyer to carry on their personal investigation about the business on sale they are interested into. The company is not responsible for conducting any investigations about businesses or franchises on sale or any due diligence. The company is not suggesting, recommending, or supporting a business or franchise on sale just because it is advertised on the website.
✓ The company cannot be held responsible or liable for any claims, costs, losses, expenses, damages arising directly or indirectly in result of any actions taken by you and based on information, opinions, and advice distributed through the content of this website.
✓ By accepting the terms of this website and by using the services provided by the company, you are giving your agreement that any content placed by you or from someone authorized by you on your behalf on the website can also be displayed on other online platforms and accounts of the company or in a relationship with the company. In addition, any content provided by you can be included in magazines, newspapers, trade press, marketing handouts, etc. Keep in mind that all those additional actions can be taken by the company with the aim of increasing prospective buyer views and enquiries.
Your Obligations
You agree to the following terms and limitations when using the website and creating an account:
✓ You don’t attempt to undermine the security and integrity of this website and the company owning it. Any security breach will be reported by the company to the relevant law enforcement authorities. The company will then corporate with these authorities for disclosing your identity.
✓ You don’t use or misuse this website in any way that can affect the functionality of the website or affect the ability of any other user to use this website.
✓ You don’t attempt to gain unauthorized access to this website and any materials, excluding those you have been given express permission to access.
✓ You don’t upload, transmit, or input onto this website any data that can damage any person’s computer system and devices or any content that may be offensive, violent, racist, or in violation of any low.
✓ You don’t upload on this website any data you don’t have the right to use.
✓ You don’t create and distribute links to this website unless it is not allowed by the company in a written form or as otherwise set out in these terms and conditions.
✓ You don’t attempt to copy, modify, reproduce, adapt, disassemble, or reverse engineer any computer programs this website is using for operation unless it is strictly necessary to use either of them for normal operation and as permitted by law.
✓ You don’t impersonate any other individual, company, or a third party while using this website.
✓ You don’t conduct yourself in a violent, aggressive, racist, offensive or harassing way while using this website.
✓ You don’t use this website for any unlawful purpose.
Personal Data
✓ Please, keep in mind that the company collects, keeps, stores, and uses personal information provided by the visitors of this website. For more details of how we collect and use personal information, make sure to read our Privacy Policy.
✓ In order to deliver all services offered by the company connected to these terms, the company complies with all applicable requirements under the Data Protection Legislation.
✓ In the context of the Data Protection Legislation, in most cases You are the Data Subject, the company is the Data Controller, other third parties and sub-contractors engaged in the performance of all services provided by the company are the Data Processors.
✓ In case you are the broker or an intermediary, your client is the Data Subject, you are the Data Controller, and the company is the Data Processor. In this case, you as an authorized broker or an intermediary have to ensure you have all necessary consents and notices to enable lawful transfer of personal data to the company for the duration and purpose of this agreement.
✓ In all cases when the company shares personal data of other data subjects with you, we are joint Data Controllers in the context of the Data Protection Regulation. In these cases you agree to process all data only in accordance with your responsibilities and obligations to the Data Subject.
✓ You agree to process all data in accordance with the current Data Protection Legislation. As part of the contract between the company and the prospective buyer, we may pass on prospective buyer information. We strongly encourage you to contact said buyer about the advertised business, as it is in your legitimate business interest. In order to continue market to those users, we advise you to gain your own consent or define your own legal basis for processing.
✓ In relation to any Personal Data we use in connection with our performance of our obligations, we shall collect, use, and store data in accordance with our Privacy Policy, which we encourage you reading before further actions. We also shall maintain accurate and complete records to demonstrate its compliance with the Data Protection Legislation and notify you without a delay on becoming aware of Personal Data breach.
✓ You give your consent to the company appointing third-party processors of Personal Data and the company enters any third-party processor into a written agreement limited by terms that reflect those set out in this clause of the contract.
Disclaimer
✓ It is your responsibility to determine whether or not the services offered by the company meet the needs of your business and are suitable for the purposes for which they are used.
✓ You hold the whole responsibility for the use of any services provided by the company to you and for ensuring that the use is in compliance with the applicable law.
✓ The company cannot guarantee any particular result that will be achieved through the use of the services provided by the company.
✓ The company makes best efforts at making this website and all services available at any time, but the company does not hold the responsibility if this website and any services are not available, uninterrupted, or error-free.
✓ In order to protect this website from viruses and other online threads, the company uses industry-standard security processes and procedures. However, the company cannot guarantee that this website will be free from the same and totally secure.
✓ The company cannot be held responsible for any errors, omissions, inaccuracies, and misleading statements in any content available on the website or through other advertising materials and any instructions provided by the company in relation with services, or any other directions undertaken by the company at your direction.
Linking and Cookies
✓ The company cannot be held responsible for in respect for any content, information, or transaction on third party websites, where the website of the company is linked. Please, make sure you are not perceiving any link present on this website as a recommendation, a suggestion by the company, or an endorsement of a third-party website. Please, keep in mind that your dealing with third-party websites are between you and the third-party website and we strongly encourage you to read their terms and conditions before continuing to visit the third-party website.
✓ You are allowed to create your own reference to this website only in case your reference is in a text-only format. Never use any link to this website for creating an unauthorized association between the company and any organization, business, person, event, goods, or services. No such link portrays the company and the website. We reserve the right to withdraw permission to use links to this website anytime.
✓ This website uses cookies. For more information, please make sure to read our Cookie Policy and Privacy Policy pages.
Intellectual Property Rights
✓ The company owns or licenses all intellectual property rights contained to this website, including trademarks used by this website, copyright in any content, rights in any data contained on this website. Unless not expressly permitted by these terms or by law, you don’t have the right to use nay intellectual property rights contained in this website. Unless you don’t have a prior written consent of the company, it is prohibited to transfer, sell, distribute, reproduct, copy or modify any material contained on this website.
✓ You give your consent to the company to use any comments, ideas, and information contained in the communication between you and the company without compensation, payment, or acknowledgement for any purpose, including but not limited to developing, manufacturing, marketing products and services, creating, modifying, improving this website, other products or services.
✓ To the extent necessary to provide services, you agree to provide the company with a royalty-free, limited, revocable license to display your logo, trademark, business name, any other intellectual property in any content you provide to the company.
✓ You guarantee that any content provided by you to the company does not infringe the intellectual property rights or any other rights of third-parties. It is your responsibility to make sure that any content provided by you to the company and published on this website is accurate, truthful, complete, compliant with law, up-to-date.
Infringement and Indemnity
✓ The company reserves the right to delete and remove any material and content provided by you and uploaded on the website, in case when we believe the content infringes the intellectual property rights and other rights of a third party.
✓ The company is not responsible to you for the accuracy of any content and material uploaded on the website by the users of this website.
✓ You agree to indemnify the company in full and on demand and keep it so indemnified against any claims, proceedings, actions, demands, and all direct and indirect damages, losses, costs, expenses, any consequential loss made against, incurred, or suffered by the company and resulting directly or indirectly from any claim that the content of any material uploaded onto this website infringes the intellectual property rights of any third party.
✓ In case you believe that any content uploaded or published on this website infringes your intellectual property rights, please contact and notify the company.
Liability
✓ Here is the representation of any liability of the company in connection with these terms and any liability for the acts of the company’s employees, agents, and sub-contractors, in respect of any breach of these terms, any use made by you of the services offered by the company, and any representation, statement, or act or omission, including negligence.
✓ These terms exclude the company’s and other party’s liability for death or personal injury caused by their negligence, fraud or misrepresentation, or any liability that cannot be legally excluded or limited.
✓ The company cannot be held responsible to you for any business losses that may incur, including but not limited to loss of data, profits, goodwill, pure economic loss, corruption of data and information, business interruption.
✓ Neither the company nor other party will be held responsible and liable for any indirect or consequential losses that may occur as a result of these terms.
Barring from this Website
✓ The company reserves the responsibility of barring you from this website and partly or generally restrict, limit, or disable your access and use of company’s services, on a permanent or temporary basis at the company’s sole decision.
General
✓ These terms and all communication between the company and you will be in English language.
✓ If not otherwise agreed by the company, the rights and remedies provided by the company in these terms are in addition to, and not exclusive of, any rights and remedies provided by the law.
✓ In case there is any inconsistency between the provisions in these terms and any relevant section of this website, the provisions of these terms prevail.
✓ The whole agreement between the parties are constituted by these terms and any documents and sections of this website that are relevant to these terms. These terms supersede any previous agreement or understanding between the parties relating to the subject of matter they cover. Each of the parties of these agreement acknowledges and agrees to these terms and that entering into these terms means that each of the parties is not relying on any undertaking, promise, assurance, statement, representation, warranty, understanding of any person relating to the subject matter of these terms, unless it is not otherwise agreed by the company in a written form.
✓ If any party waives any breach of these terms, it will not constitute a waiver on any other breach. No waiver will be effective unless not made in a written form.
✓ Neither party will be held responsible for any delay or failure in performance of the party’s obligations under these terms, in case the delay or failure happens due to a cause outside the party’s reasonable control. This clause does not apply to any obligation to pay money.
✓ You may not assign, charge, transfer, sub-contract, or deal in any other matter with all or any of its rights or obligations under these terms.
✓ Unless not a third party to these terms, no person shall have the right to enforce any rights granted or benefits enjoyed under these terms.
✓ If any court or administrative body of competent jurisdiction finds any provision of these terms, as a whole or part, to be illegal or unenforceable, the other provisions of these terms remain in force. In case any unenforceable, invalid, or illegal provision would become valid, legal, and enforceable if some parts of it are deleted, the provision will be applied with whatever modification is necessary so it can give effect to the commercial intention of either parties.
✓ Any notice given in connection with these terms between all parties should be in written form, via e-mail. Otherwise, notices will be deemed to have been given on transmission. Make sure to send notices to the company to the company’s customer service team or any other e-mail address provided by the company to you via an e-mail message. All notices the company may send to you will be sent to the provided by your e-mail address when you register your account or you send your inquiry.
✓ No part of these terms shall operate to create a partnership between the parties and no part of these terms authorizes either of the parties to act as an agent of the other.
✓ These terms, any dispute or claim in connection with these terms, and the subject of matter and formation, including non-contractual claims and disputes, are governed in accordance with the law of England and Wales.
✓ Either party agrees that if you are based in any other country outside the jurisdiction of the courts of England and Wales, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim in result of these terms or its subject of matter and formation, including non-contractual claims and disputes. For those reasons, each party irrevocably submits all disputes to the jurisdiction of the courts of England and Wales.
Part Two: Creation of Account and Receiving of Services
The Company’s Services
General
✓ The company provides all services offered by the company in accordance with these terms, no matter of the services are a subject to payment of subscription fee or any other fee, or given for free.
✓ The company is responsible for providing all services with reasonable care, skills, and in accordance with the applicable law.
Website
✓ The company grants you the right to access and use of all services offered by the company via the company’s website. This right is not limited by and a subject of these terms, and non-exclusive, non-transferable.
✓ The company operates this website as it is a good fit for the company’s purpose and the company has full control over this website’s appearance, structure, content, functionality, user interface, placing content within this website.
✓ Without any prior notice, the company has the right to change, modify, add, amend, and remove content and materials from this website anytime on the company’s own decision. However, no matter any changes or additional applied, this website shall always be capable to function as a marketplace for selling and buying businesses.
✓ It is your responsibility to take all reasonable efforts for investigating and diagnosing technical problems you may have with this website before you contact the company. In case you are in need of technical help after you investigation and diagnosis of the technical problem you experience, please check the support provided by the company online on this website or send an e-mail with a description of the technical problem with this website to our customer service team.
Your Rights and Restrictions
✓ In order to use the services offered by the company, you must create an account on the website. In order to create an account, you must be at least eighteen years old.
✓ You can copy the information contained in your account in any format. You are also allowed to make copies of reasonable portions of the website, the content of this website, your account.
✓ It is your responsibility to keep your username and password that you create when creating an account on this website safe, secure, and confidential. In case you notice any unauthorized use of your password or any breach of security, you must notify the company immediately. Any activity on your account is your responsibility. In addition, it is your responsibility to monitor and control access to your account and password and use of your account and password. We encourage you to take all other measures deemed by the company as necessary to maintain and enhance the security of the company’s website, computing systems, networks, services.
✓ In case you need information and content by a third party in your account or entered and processed by a service provided by the company, such as information about the company and services, the company’s contractors and agents, you should ensure that you have the consent of any individual.
Payments and Refunds
✓ All subscription fees should be paid in advance unless it is not otherwise agreed with the account manager.
✓ The relevant services begin once payment of subscription fee or additional fee is made and received by the company unless agreed otherwise with the account manager.
✓ Additional fees may be applied to some optional elements of the services provided by the company.
✓ If there is an optional element of a service that is paid, your account manager will confirm that in written form before you choose to purchase, or it will be displayed on your account.
✓ The company reserves the right to change any subscription or additional fees or billing methods at any time. If these changes affect the customers we will send an immediate notice to them.
✓ Unless otherwise agreed in advantage, payments for services on the website are made through a credit card, debit card, or PayPal. You may also have to pay any applicable taxes. Tour bank may also apply a fee for an international payment. The company does not apply any extra charge for an international payment.
✓ Please, make sure that all credit/debit card details are kept up-to-date before you try to make a payment. If the company is unable to process a payment from your card, the company will find it necessarily to suspend your account, subscription, and listings until the moment you provide the company with details of a valid credit/debit card. You can provide details of a valid payment card by contacting our customer service or by updating your card details stored in your account. You will be liable for any outstanding payments.
✓ In case either of the parties fails to make a payment on time under these terms, the other party is entitled to charge an interest rate from the due date to the date of actual payment. The interest fee is applied on the overdue amount of money and applied on a daily basis.
✓ All refund cases are reviewed individually, on a case by case basis. You may be eligible for a refund if you are not happy with the services the company provides or if you want to cancel your subscription or you want to delete your account.
Termination
✓ These terms are applied for the whole duration of time until these terms are terminated by either of the parties in accordance with these terms.
✓ In order to end your subscription, you have to contact your account manager, follow the cancellation link and instructions you can find in your account, or contact the company’s customer service team. In order to prevent an automatic renewal of your subscription, make sure to provide the company with a written cancellation and explanation of your decision at least one week in advance of the renewal. Any outstanding payment must be settled prior to giving a written notice and canceling your subscription.
✓ You can terminate these terms immediately with a written notice if the other party {the company} breaches these terms or any parts of them, not paying any fees, and does not remedy the breach, in case it is capable of being remedied within seven days of receiving a notice for the breach, or in case the other party becomes insolvent, goes into liquidation, or has a receiver or manager appointed of any of its assets or becomes insolvent, makes any arrangement with creditors becomes a subject to a similar insolvency event in any jurisdiction. As one of the parties, the company is capable of terminating these terms with you immediately under the same conditions.
✓ If the company has the right of terminating these conditions, the company may instead suspend the other party’s use of any services or the website of the company for a definite or an indefinite period of time.
Consequences of Termination
✓ Termination of these terms comes without prejudice to any rights of either parties accrued up to and including the date of termination. Once these terms are terminated, you will immediately cease to use the services and the company will immediately remove your content from the website and will suspend you access to the company’s services.
Part Three: Terms for Seller Services
General
✓ This website is creating as a platform for advertising of entire businesses and business franchises. The website is not regulated by a regulatory body, therefore you are strictly prohibited from offering any shares, bonds, securities, collective investment schemes, and anything similar to the above listed through this website. In case you are in doubt of whether you can advertise on this website or not, please contact our customer service team and they will be able to further advise you.
✓ Before advertising your business for sale on the website, make sure you have all authority and permission of all parties with a legal interest in the business or franchise, including shareholders, partners, investors. By displaying and advertising the business on sale on the website, you are confirming that the advertisement of the business or franchise is for the whole of such business or franchise.
✓ The company cannot be hold responsible for carrying our any investigations and due diligence into the buyers, sellers, or brokers, who use this website and the services provided by the company, or into the legitimacy of any statements made on this website. The company encourages and recommends every user of this website to check and verify all offers personally or through a professional business advisory service.
✓ Make sure to contact the company immediately if you are contacted by a third party through your use of this website, if this third party appears to act dishonestly or incorrectly, or if the third party contacts you for any other purpose different of negotiating the purchase of business or franchise you are selling and you have advertised on the website.
✓ You must make sure that the content of any advertisement you are publishing on this website will be complete, true, and accurate.
✓ You are responsible for compensating the company for any claims, demands, actions, proceedings, costs, losses, expenses, and damages that may directly, indirectly, or consequentially arise as a result of your use of the website or any breach of these terms.
✓ The company reserves all rights of refusing to upload and publish or to remove any content considered as improper, fraudulent, or not bona fide.
✓ The company reserves all rights to change or edit any listing if the company believes the listing will improve in quality if edited or the edit will improve the quality of the website. The company does not allow the appearance on the website of any contact details of the seller within the business listing. The website is the only platform communication between the buyer and the seller is enabled. The company reserves the right to remove any contact details in any business listing.
✓ The company decides where to place a listing within the index of business categories.
Part Four: Terms for Brokers and Directory Services
General
✓ If you are creating a broker account on this website, you are allowed to only advertise listings represented by you. You are now allowed to share your broker account with any other broker, third party, or business listing on the website, and you are not allowed to re-sold your account.
✓ If you are a broker authorized to sell a business or a franchise, you must register as an intermediary on the website.
✓ You must ensure that you have the full authority and permission to advertise business and/or franchise on this website and/or make an inquiry for purchasing a business/franchise from the direct owner. You are prohibited from advertising a business or franchise without the permission of the owner.
✓ In order to advertise your business as a broker on this website you must register as a broker on this website.
✓ You must ensure that all content you upload and share on this website as a broker is complete, accurate, and true.
✓ You agree to compensate the company against all claims, demands, actions, proceedings, costs, losses, expenses and damages that may directly, indirectly, or consequentially arise as a result from your use of the website and any breach of these terms.
Part Five: Terms of Buyers Services
General
✓ This website is created with the sole reason of advertising businesses and franchises for sale and provides the buyer with the ability to contact a seller. The website is not regulated by any regulatory body.
✓ Ensure you have a real interest in buying a business or a franchise and then contact the seller only in this case. Do not contact any other person for any other purpose, including offering yours or any third party’s goods and services, seeking to solicit business in any way, etc.
✓ When you use this website and you are contacted by a third party that appears to be dishonest or incorrect in any way, make sure to contact the company’s customer service team and explain the situation.
✓ You agree to compensate the company against all claims, demands, actions, proceedings, costs, losses, expenses, and damages that may directly, indirectly, or consequentially arise as a result from your use of the website and any breach of these terms.
Part Six: Other Advertising Services
General
✓ You agree to upload and publish content on this website that is complete, true, and accurate.
✓ You agree to compensate the company against all claims, demands, actions, proceedings, costs, losses, expenses, and damages that may directly, indirectly, or consequentially arise as a result from your use of the website and any breach of these terms.
✓ The company reserves all rights of refusing to upload, send, or remove any content, if the content is considered to be improper, fraudulent, irrelevant, or not bona fide.
Sale Price
The price of a business, service, or domain shoed in a listing is set by the person, who created the listing, who is usually the seller or someone from their behalf. The company does not have any responsibility for the sale prices noted on the listings.
Ranking of Listings
The ranking of listings on the website is determined by many factors and can change often. The main factors that will determine and affect the ranking of listings of the website include a business model, asking price, page views, profitability, listing updates, buyer activity, financial information, and more.