BLACKS BUSINESS BROKERS LIMITED TERMS & CONDITIONS
Before advertising the sale of a business, business opportunity or franchise on this website or before contacting the seller of a business which is advertised on this website, 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. Blacks Business Brokers Limited (“Blacks”) 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.
2. Black does not carry out any investigations or due diligence whatsoever into the advertisements, businesses, business assets or franchises advertised on this website or the sellers whose businesses are advertised on this website. You should make every effort to check and verify any details of any business advertised on the website, either personally or through your professional advisers/agents.
3. If your business is advertised on this website and you are contacted by a third party who appears to act dishonestly or incorrectly in any way or who contacts you for any purpose other than to negotiate the purchase of the business or assets you are advertising, or if you become aware that your advertisement infringes the principles of the website or is in any way misleading, misrepresentative or dishonest, you should immediately contact Blacks.
4. You warrant that the content of any advertisement placed on the website will be true and accurate and you hereby agree to indemnify Blacks for any claims, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your advertisement on the website and/or your advertisement.
5. Blacks 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 Blacks.
6. Blacks 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 visits to the Blacks website shall be governed by English law.
9. 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 Blacks. You are not given any right to use any intellectual property rights contained on the website otherwise than as expressly permitted by Blacks. 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 Blacks.
10. Where this website or any advertisement on the website is hypertext linked to any website operated by a third party Blacks 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 Blacks.
11. The website has been set up so that businesses, business assets and/or franchises can be advertised for sale by Blacks. You should only contact a business opportunity being advertised on this website through Blacks and not in breach of Part D below, 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, or in breach of Part D below.
12. 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.
13. You warrant that all information supplied to us 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.
14. You are not aware of any personal family or business relationship which exists between yourself and Blacks, or any person or business associated with Blacks and you undertake to advise us at once if you become aware of any such relationship.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
Blacks does not conduct any investigations or due diligence into any business opportunities advertised on this website or any parties 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 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 owner of the business being advertised on the website or Blacks.
C. Personal Data
By asking to receive the details of any business advertised on the website, 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 the website without the express prior approval of Blacks.
d) Submit offers and conduct all negotiations through Blacks unless otherwise expressly agreed by Blacks.
e) On completion of your assessment of the business, or when requested by Blacks, you will return any documents, containing such confidential information.
f) You further agree that if you should breach the above terms of this Part D and/or be party to negotiations or actions which seek to preclude, or are contrary to the interests of Blacks, as selling agents, then you will be liable for any commissions that would otherwise have been due to Blacks.