| Amberglobe Terms & Conditions
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amberglobe
and its website is an operating division of Amberglobe Limited (Company No:
6394532) of Highdown, Uplyme, Lyme Regis DT7 3XG
Before advertising the sale of a business, business opportunity
or franchise on amberglobe or before contacting the seller of a
business who is advertising on amberglobe, you should read these
Terms and Conditions and in particular the Disclaimer set out below.
If you do not agree to be bound by all of these Terms, you should
not use this website or advertise the sale of a business on this
website.
1. This website is established solely for the purpose of advertising
the sale of entire businesses, business franchises and/or business
opportunities. amberglobe is not regulated by the Financial Services Authority
or any other regulatory body and you are strictly prohibited from
offering any form of shares, bonds, securities, collective investment
schemes or anything similar via this website. You must not advertise
for the sale of less than a majority or controlling interest in
any company as that definition is defined under the Financial Services
and Markets Act. Please contact amberglobe at the above address if you
are unsure as to whether you can advertise on this website.
2. amberglobe does not carry out any investigations or due diligence whatsoever
into the advertisements, businesses, business assets or franchises
advertised on this website or the buyers, sellers or business brokers
who use this website. You should make every effort to check and
verify any purchase offers you receive or details of any business
advertised on amberglobe, either personally or through your professional
advisers/agents.
3. If you advertise on the amberglobe website and are contacted
by a third party who appears to act dishonestly or incorrectly
in any way or who contacts you for any other purpose than to negotiate
the purchase of the business or assets you are advertising, or
if you become aware of an advertisement that you believe infringes
the principles of the website or is in any way misleading, misrepresentative
or dishonest, you should immediately contact amberglobe setting
out the details of your complaint or concerns.
4. You warrant that the content of any advertisement you place
on the website will be true and accurate and you hereby agree to
indemnify amberglobe for any claims, costs, losses, expenses or damages
it may incur howsoever arising whether direct, indirect or consequential
as a result of your use of the amberglobe website and/or your advertisement..
5. amberglobe reserves the absolute right to remove any advertisement
or refuse to advertise any business if, in our reasonable opinion,
we consider such advertisement to be improper, fraudulent, defamatory
or otherwise not in the best interests of our customers, visitors
or amberglobe.
6. amberglobe reserves the absolute right to remove or edit your advertisement
or to place the listing in any business category index, if such
editing or listing will improve the quality of the website or ensure
that your advertisement does not breach the provisions of the Property
Misdescriptions Act or of any other legislation or for any other
legitimate reason.
7. If you are selling a business, business opportunity or franchise
as a broker, agent or any other form of intermediary, you warrant
that you have the full authority and permission of the business
owner to advertise such business, business opportunity or franchise
on the website.
8. All fees due to amberglobe will paid in full in advance by credit card
unless otherwise agreed by us. amberglobe will charge you in British Pounds
Sterling, United States Dollars, or Euros, depending on the service
and your country of residence. You will also have to pay any applicable
local taxes.
9. Provided that you have paid the appropriate fee due to us, and
except as otherwise agreed with amberglobe, your advertisement
in amberglobe will last for 12 months beginning from the date of
payment by you of our fee ("the Term"). You can at
any time cancel or remove your advertisement however in no circumstances
will you receive or be entitled to any refund of any fee you have
paid us even if you have not advertised on amberglobe for the full
length of the Term or if you sell your business during the Term.
If you sell your business during the Term you agree to notify us
of such sale and we will remove your advertisement from the amberglobe
website. All fees are non-refundable and non-transferable. At the
end of the Term we will remove your advertisement from amberglobe
unless you pay us the applicable renewal fee due. You can at any
time engage amberglobe to sell your business as your sole selling
agent and in which case the terms and conditions signed by you
setting out the terms of such an engagement shall supersede and
override these terms and conditions from the date that they are
signed.
10. You agree that you will not post any material which is false,
defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene,
profane, sexually oriented, threatening, invasive of a person's
privacy, adult material, or otherwise in violation of any international
law, United States Federal law or the laws of the United Kingdom.
11. No web links or email addresses can be posted on this website.
12. You will not use any copyrighted material in your advertisement
unless you own the copyright to it or you have written consent
from the owner of the copyrighted material to use it. Spam, flooding,
advertisements, chain letters, pyramid schemes, and solicitations
are all strictly forbidden on amberglobe.
13. All visits to the amberglobe website shall be governed by English
law.
14. All intellectual property rights contained on this website,
including any trademarks used on the website and copyright in any
material contained on the website or rights in any data are owned
by or licensed to amberglobe. You are not given any right to use any intellectual
property rights contained on the website otherwise than as expressly
permitted by amberglobe. Any transfer, sale, distribution, reproduction,
copying or modification of any material (in whole or in part) is
strictly prohibited other than with the prior written consent of
amberglobe.
15. Where this website is hypertext linked to any website operated
by any third party amberglobe accepts no responsibility or liability arising
in respect of any content, information or transaction on or carried
out on such website. The presence of a hypertext link on our website
shall not be deemed to be a recommendation or endorsement of such
website by amberglobe.
16. The amberglobe website has been set up so that businesses,
business assets and/or franchises can be advertised for sale. You
should only contact a party advertising on this website if you
have a genuine interest in purchasing the business or asset being
advertised, you must 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.
17. You acknowledge and agree that we may arrange or provide ancillary
services, such as mortgages, financial services, business planning,
surveys, etc. as part of the assistance provided to purchasers
to enable them to proceed.
18. You warrant that all information supplied by you as a vendor
of a business is, and continues to be, full, complete and accurate
and is not in any way misleading. You will indemnify us against
any claim or charge made by any third party as a result of any
inaccuracy in any such information and any misleading information.
This indemnity applies in relation to any accounting information
supplied and any information supplied in relation to title to fixtures,
fittings, chattels and contents, or in relation to tenure of properties,
or in relation to staff, terms of employment or any other information
whatsoever supplied. You will advise us at once if any aspect of
your advertisement and/or the sale particulars, including the details
of the trading performance of the business, is or later becomes
inaccurate or misleading in any way or materially changes, and
in particular you will provide us and keep us updated with all
information required to professionally market and advertise the
business.
19. You are not aware of any personal family or business relationship
which exists between yourself and Amberglobe Limited, amberglobe or any
person or business associated with Amberglobe Limited or amberglobe but
you undertake to advise us at once if you become aware of any such
relationship.
20. You confirm that you are an experienced business person who
has read and fully understood these terms and conditions, that
you are not relying on any other warranty or representation made
to you and that these terms and conditions encapsulate the entire
arrangement between us.
20. If any provision of these terms and conditions is found by
any court, tribunal or administrative body of competent jurisdiction
to be wholly or partly illegal, invalid, void, voidable, unenforceable
or unreasonable it shall be deemed severable and the remaining
provisions of these terms and conditions and the remainder of any
such provision shall continue in full force and effect.
21. Each of our rights or remedies under these terms and conditions
is without prejudice to any other right or remedy whether under
these terms and conditions or not.
22. Failure or delay by us to exercise or enforce any right under
these terms and conditions shall not be deemed to be a waiver of
that right, nor operate to bar the exercise or enforcement of it
at any time thereafter.
23. We agree that we do not intend any of these terms and conditions
to be enforceable by virtue of the Contracts (Rights or Third Parties)
Act 1999 by any person that is not a party to it.
24. Except as expressly provided in these terms and conditions,
no amendment or variation of these terms and conditions shall be
effective unless in writing and signed by a duly authorised representative
of each of the parties to it.
Disclaimer
amberglobe ACCEPTS ABSOLUTELY NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE
YOU MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OF OUR WEBSITE
UNLESS THAT LOSS COMES ABOUT AS A RESULT OF SOME FRAUD OR SERIOUS
MISCONDUCT ON THE PART OF amberglobe.
amberglobe does not conduct any investigations or due diligence into any
parties advertising on this website or responding to any advertisements
on this website and does not accept any responsibility or 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 users
of the amberglobe website based on any information, opinions or
advice contained within this website. In addition, any advertisements
on the website do not constitute a binding offer so that acceptance
of, or response to, an advertisement by someone does not bind either
the party advertising on the website or amberglobe.
Personal Data
From time to time, amberglobe collects stores and uses personal information
collected from visitors to this website. All processing of personal
information is done in accordance with current UK Data Protection
legislation. Please read amberglobe's Privacy Policy concerning the collection
and use of personal data and your access and correction rights
to any data held about you.
Confidentiality
By asking to receive the details of any business advertised on
amberglobe, you irrevocably agree that you will:
a) Use such information solely for the purpose of evaluating your
interest in acquiring the business.
b) Not pass on any information and/or copies of any literature
to any third parties other than professional advisors such as bank,
solicitor, surveyor etc.
c) Not make direct contact with owners, staff, suppliers, competitors
or customers of any business advertised on amberglobe without the
prior approval of amberglobe or the vendors.
d) Submit offers and conduct all negotiations through amberglobe
unless otherwise expressly agreed by amberglobe.
e) On completion of your assessment of the business, or when requested
by amberglobe, you will return any documents, containing such confidential
information.
f) You further agree that if you should be party to negotiations
or actions which seek to preclude, or are contrary to the interests
of amberglobe, as selling agents; then you will be liable for any
commissions that would otherwise have been due to amberglobe.
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