Terms & Conditions

Smart Business Sales TERMS AND CONDITIONS

Smart Business Sales (ACN 606 315 459) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

What is Personal Information and Why Do We Collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers. This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.smartbusinesssales.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

  • For the primary purpose for which it was obtained
  • For a secondary purpose that is directly related to the primary purpose
  • With your consent; or where required or authorised by law.

What Information Do We Collect?

We collect information from you when you register on our site or sign into our site from an application or website. When registering on our site, as appropriate, you may be asked to enter your name, email address and/or phone number.

We also collect the following information:

  • Your IP address
  • Your Name
  • Your Email Address
  • Company Name (if applicable)
  • Your Operating System Name (if applicable)
  • Your Operating System Version (if applicable)
  • Your Web Browser Name (if applicable)
  • Your Web Browser Version (if applicable)

What Do We Use Your Information For?

Any of the information we collect from you may be used in one of the following ways:

  • To personalise your experience (your information helps us to better
  • respond to your individual needs).
  • To improve our website (we continually strive to improve our website
  • offerings based on the information and feedback we receive from you).
  • To improve customer service (your information helps us to more effectively
  • respond to your customer service requests and support needs).
  • To send periodic emails (the email address you provide may be used to
  • send you information, respond to inquiries, and/or other requests or questions).

How Do We Protect Your Information?

  • Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. All supplied information is transmitted via Secure Socket Layer (SSL) technology and then stored into our database only to be accessible by those authorised with special access rights to such systems.
  • We will never request payment details via the website.

Access to Your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Smart Business Sales will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

Do We Use Cookies?

Yes. To improve your experience on our site, we may use 'cookies'. Cookies are an industry standard and most major websites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. Cookies by themselves cannot be used to find out your identity or the identities of any of our users, they only identify your computer to our servers when you visit our site.

Our website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. When you go to other websites from here, we advise you to be aware and read their privacy policy.

Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.

By using this website, you consent to the processing of data about you by Google in the manner described in Google's Privacy Policy - external site and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google - external site.

www.smartbusinesssales.com.au, also uses interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to "like" or "share" information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other Personal Information.

Do We Disclose Any Information to Outside Parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or providing services to you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Transfer of Ownership

In the event of a merger, consolidation, or sale or transfer of all or substantially all the assets of Smart Business Sales, one of the assets which is commonly transferred to the purchasing or new entity is the information we collect from our customers and store in our customer database.

Newsletter Subscription

In the event of a merger, consolidation, or sale or transfer of all or substantially all the assets of Smart Business Sales, one of the assets which is commonly transferred to the purchasing or new entity is the information we collect from our customers and store in our customer database.

Children's Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Your Consent

By using our site or services, you consent to our website’s privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will send an email (where possible) notifying you of any changes.

Terms and Conditions

In no event shall Smart Business Sales or its suppliers/contractors be liable for any accidental, consequential, incidental or indirect damages of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss).

Smart Business Sales is committed to ensuring your personal details are kept strictly confidential. By providing Smart Business Sales with your details you are giving us permission to contact you regarding your business criteria or with information that we believe will be of value to you.

Terms and Conditions

By registering on the Smart Business Sales website you agree to the following conditions:

  • Any information provided by the Smart Business Sales (The Agent) is on a confidential basis and you agree not to disclose it to any other parties.
  • You agree not to speak to the owners or the staff of the businesses unless the Broker makes an appointment and we will negotiate the terms of purchase only through the Broker.
  • You agree that Smart Business Sales has introduced us to the nominated businesses and we agree that we will not affect in any way the payment of commission to the Broker. We agree that any further businesses requested are subject to these conditions.
  • In the event we buy a business which the Broker has introduced we undertake to make all deposit funds payable to the Smart Business Sales Pty Ltd Trust Account. Should we request the Broker to provide or research details on any other business for which an agency agreement has not yet been signed then we will ensure that the purchase price includes the Brokers commission at a figure agreed between the Broker and the vendor otherwise we will not proceed with the purchase.

Disclaimer

Information Does Not Represent Professional Advice

Prior to entering into a transaction or taking any course of action in connection with the website, you should make your own inquiries and seek independent advice tailored to your specific circumstances and objectives.

No Guarantees of Business Opportunity

Smart Business Sales gives no guarantee to you of the continued availability of any particular business opportunity advertised on the website and will not be liable to you should a vendor have sold their business or removed from sale at any time prior to removal of the advertisement from the website.

Accuracy and Usefulness of Information

However, Smart Business Sales provides no warranties of any nature are given, intended or implied and prospective purchasers must rely on their own enquiries and should verify the accuracy of information before proceeding with a purchase.

Liability

Smart Business Sales will not be liable for any damages whatsoever whether in an action in contract, negligence or other tort, in connection with the use of or in connection with access to the website or the information and material contained in it. All warranties of any kind are excluded to the maximum extent permitted by law.

Please note, the material available is general information only, and is subject to change without notice. The information held within this website should not be relied on as a substitute for legal, financial, real estate or other expert advice. Smart Business Sales disclaims all liability, responsibility and negligence for direct and indirect loss or damage suffered by any person arising from the use of information presented on this website or material that arises from it.

PAYMENTS

All payments required to be made from a transaction in connection with the SmartBusinessSales website will be GST inclusive and will be made at the prices published on the Website and paid in the manner published on the SmartBusinessSales website.

Pricing and Refund Policy

Changes in pricing for the service may be communicated by means including posting on the Site or via email. You will pay all sums due to the Company under this agreement by the means specified in the billing section of the Site. Payment will be transacted without any deduction, counterclaim or any other withholding of payment. Payment shall be deemed to have not been made until the Company has cleared funds in respect of the full amount outstanding. Refunds will be given at the discretion of the Company Management. Cancellation and/or termination of this Agreement by you or us will not entitle you to refund of monies paid regardless of the circumstances or reasons therefor.

Monthly Payments by Credit Card

By using a credit card to sign up on any monthly packages on SmartBusinessSales you are agreeing to use this credit card as a method of payment for each monthly payment. This credit card will be setup in our system and to be charged on the same date or the next day in the case where the date does not exist in the relevant month from thereafter.  This gives SmartBusinessSales the authority to use this credit card as a form of payment each month. To cancel the payment or your account, you must inform SmartBusinessSales about your intentions 30 days prior to the date of the next payment.

If you choose to change your method of payment you must inform SmartBusinessSales about your intention to change your payment method and this must be approved by the Accounts Department before the date that the next payment is due.

Franchise Package

To cancel your Franchise Package you must give us 30 days written notice prior to cancellation.

Failed to Make Payment on Time

  • If you chose to pay By Invoice and unable to pay your invoices on time, We hold the right to charge your Credit Card on file. 
  • We do not honour your account after 3 consecutive failed payments.
  • If we are unable to resolve the issue, or cannot get in touch with you, we will hand over the case to a DEBT COLLECTION AGENCY.
  • Any fees or charges that are incurred in the Debt Collection process will be added to the amount overdue and form part of our claim.
  • Once your case is handed over to the Debt Collection Agency, we will not be able to deal with you any further. 

Cancellation and Services used

  • You must provide written 30 days prior notice for your cancellation 
  • If you fail to contact us in regarding cancellation, and you chose to use the service during this period, you will be invoice for the period you have used the services and you will be responsible for paying your account. 
  • At any stage SmartBusinessSales is not responsible to contact you for your account continuation. For example, if you chose to try the system for 1 month, it is your duty to get back to us prior to the month ending and let us know that you wish to continue or cancel your account.
  • If you fail to contact us on time, your monthly billing will continue. As you are using our services and getting leads from our website, we understand that you are fully aware of the service is still active and you chose to continue your account. 

NO REFUNDS WILL BE GIVEN AFTER 7 DAYS OR IF HAVE RECEIVED A PHONE CLICK OR  AN ENQUIRY.

Delivery Policy

SmartBusinessSales do not deliver or supply any goods. SmartBusinessSales is a Online Advertising Services Provider. Once you pay and Finish you Advertisement SmartBusinessSales will review your advertisement and make it live in 24 hours.

AFFILIATE PROGRAM

These Terms, our Privacy Policy, the 'Affiliate Program' published on the SmartBusinessSales website and the 'Affiliate Terms and Conditions' apply to all parties appointed by us as 'Affiliates'.

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