The information and services on this site are only offered to persons within Australia. All references to dollars are references to Australian dollars.

Terms of Use

IN ORDER TO ACCESS THIS SITE YOU MUST AGREE TO THE PROVISIONS OF THIS USER AGREEMENT
We may amend this User Agreement (“Agreement”) at any time by posting the revised terms on our website. You agree to review the current version of this Agreement each time you use the websitebrokers.com.au website.

The revised terms of the contract shall automatically be effective after they have been posted on our website. Other than by posting of such revised terms on our website, this Agreement may not be amended or modified except in a written document signed by both parties.

WHAT IS WEBSITEBROKERS.COM.AU?
Websitebrokers Pty Ltd. (referred to throughout this Agreement as “websitebrokers.com.au” or “this website” or “We”) is a leading service that promotes the exchange of information and otherwise facilitates the transfer of websites and/or domain name registrations.

Websitebrokers.com.au does not screen, review or control the website listings and/or the domain names that are being offered for transfer, nor does it screen, review or control any of the activities or statements of users of its services.

Websitebrokers.com.au’s sole involvement is to facilitate a smooth and orderly medium for the transfer of websites and/or domain name registrations. It is important that you exercise the degree of care that you would in any other commercial activity.

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE ACCESSING AND USING THIS WEB SITE.

By pressing the “I Accept” button or otherwise accessing the websitebrokers.com.au website, or using information posted to that website, you accept the terms and conditions stated in this Agreement.

If you do not accept the terms of this Agreement, you may not access this website or use the information contained in this website.

If you have any questions about this User Agreement, or about accessing and using this website, please refer to our Frequently Asked Questions or feel free to contact us at info@websitebrokers.com.au

ELIGIBILITY
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through this website.

By clicking on the “I Accept” button and filling out the registration information, by opening an account with websitebrokers.com.au, or otherwise participating in commercial activity conducted through the websitebrokers.com.au website, you certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honour those obligations that you undertake.

Websitebrokers.com.au reserves the right to refuse, limit or restrict its services for any reason at any time and in its sole discretion.

FEES
Joining and registering for the services provided by websitebrokers.com.au. is by monthly (30 days) subscription.

A subscription fee is charged for the services provided by websitebrokers.com.au. Please visit our Membership options tab at this website. That Membership options tab provides further information with regard to the subscription fee charged for access and use of this website.

Other fees may be incurred for different services by the party requesting such services, such as website appraisal; website due diligence; website and/or domain negotiation.

You are responsible for applicable taxes, costs for hardware and software services, and all other costs and expenses you incur for the participation in the activity conducted over our website.

We may, in our sole discretion, add, delete or change any of the services provided or subscription fees charged by websitebrokers.com.au. These will be binding on the date that they become effective, similar to any other revision that is made to this Agreement.

VERIFICATION
Websitebrokers.com.au’s website is a venue to facilitate the transfer and exchange of information pertaining to websites and/or domain names that are available for transfer.

Other than assisting in the facilitation of the commercial activity, we are not involved in, and are not a party to, the actual transaction between Buyer(s) and Seller(s).

Websitebrokers.com.au has no control over the accuracy, quality or legality of an advertised website and/or domain names; the truth or the accuracy of the listings; the right and the ability of the listed Seller to transfer the website and /or domain name; or the ability of the Buyer to consummate a transaction.

We cannot and do not control whether or not Seller(s) or Buyer(s) will complete a transaction. Additional risks may arise out of dealings with foreign nationals, underage persons or people acting under false pretence or making deceitful representations, all of which risks are borne solely by the Buyer or Seller, as appropriate.

Websitebrokers.com.au does not confirm that users who access this website are who they claim to be. We encourage you to exercise reasonable, safe business practices as you would in any other commercial activity.

TRANSFERABILITY OF WEBSITE AND/OR DOMAIN NAME SERVICE
Websites and/or domain names are the result of, and are subject to all of the conditions, limitations and restrictions contained in the Domain Name service agreements between the Seller and a third party Domain Name registrar or other service provider.

As such, the transferability of a website and/or domain name may be limited, prohibited, or otherwise subject to conditions imposed by the Domain Name registrar or service provider.

Nothing in this Agreement or appearing on the websitebrokers.com.au website shall be construed to imply that the Seller possesses any rights to a website and/or domain name beyond those specified in the Seller’s service agreement with the relevant Domain Name registrar or service provider.

The terms “Website” and “Domain Name,” as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular website and/or domain name under its Domain Name service agreement with a Domain Name registrar or other service provider.

BIDDING AND BUYING
Websitebrokers.com.au relies on the integrity of the users of its services to honour their commitments.

If you make an offer to purchase the rights to a website and/or domain name, and your offer is accepted, you are obligated to complete the transaction. You cannot place an offer that is manipulative, such as placing an offer that you know you do not have at your disposal sufficient resources to cover.

We also refer you to our Buy tab on this website for further information about purchasing the rights to a website and/or domain name using the websitebrokers.com.au website services.

LISTING AND SELLING
As a Seller of a website and/or domain name listed with websitebrokers.com.au, you represent that:

1. you have registered the domain name with the appropriate Domain Name registrar or other registration authority;

2. your registration of the domain name is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain Name registrar or other registration authority;

3. you have not taken any action that would impair your ability or right to transfer the Domain Name registration and no such action has been taken against you;

4. the domain name is not the subject of any legal proceedings challenging your right to register or use the domain name;

5. you will accurately describe the subject listing.

6. You will not describe, or link to, other items, goods, or services that you are not listing with websitebrokers.com.au or that you do not otherwise have the right to provide such links or descriptions thereto.

7. You will not under any circumstances list or transfer the rights to any website and/or domain name for which you do not have sufficient right to transfer or that it is illegal to transfer under applicable law, statute, ordinance or regulation; any website and/or domain name that infringes or violates the proprietary rights of any third person, or any other website and/or domain name which in websitebrokers.com.au’s sole discretion, is inflammatory, offensive, inconsistent with websitebrokers.com.au’s general policies, or otherwise may infringe any proprietary right of any third party.

8. If your offer to transfer the website and/or domain name is accepted, you must complete the transaction.

9. As a Seller, you agree that users may comment on their experiences with you in the feedback section, as such may be established by websitebrokers.com.au from time to time, and you release websitebrokers.com.au and the users of its services, from any liability arising from any such comments. If you receive any offer to purchase the rights to a website and/or domain name at or above your stated minimum price, then you are obligated to complete the transaction.

You may not place any bids or offers to purchase the website and/or domain name that you have listed for sale, either under your own name, an alias, or any entity in which you maintain a controlling interest.

Without limitation of any other remedy, websitebrokers.com.au reserves the right to suspend, terminate and remove your listing at any time it may deem fit if:

it reasonably believes that you have engaged in any fraudulent activity in connection with your posting or otherwise with any activity conducted with the websitebrokers.com .au website;

if websitebrokers.com.au is of the opinion that you have breached any of your representations or any of its general policies and guidelines, such as if it is of the opinion that you are infringing upon the proprietary rights of any other party, or at such other time as websitebrokers.com.au may deem fit.

NON-INTERFERENCE
You will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the websitebrokers.com.au website; the services provided by websitebrokers.com.au and any activity on the websitebrokers.com.au website.

You will not take any action that may impose an unreasonable or disproportionately large load on our computing infrastructure.

You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the websitebrokers.com.au computer systems.

You are solely responsible for your password used to access the websitebrokers.com.au website, and you will not disclose it to anyone else or share it with any third party or otherwise use it for any unauthorized purpose.

Websitebrokers.com.au may, from time to time, in its sole discretion initiate feedback information. You will not take any action that will undermine the integrity of the feedback system, such as falsifying information about yourself or about any other party, using aliases or otherwise attempt to manipulate the feedback.

You agree to comply with other rules regarding websitebrokers.com.au, which are posted at various pages throughout the websitebrokers.com.au website.

These rules have as binding an effect as this User Agreement and are incorporated into this Agreement by reference and may be subject to change by websitebrokers.com.au without prior notice and in its sole discretion.

INFORMATION AND PRIVACY
Websitebrokers.com.au cannot and does not control information that other users make available through the websitebrokers.com.au website. Even though prohibited by this Agreement and by websitebrokers.com.au’s general policies, people may nevertheless provide information that is false, harmful, or deceptive.

Websitebrokers.com.au has a Privacy Policy that covers its use of your information http://www.websitebrokers.com.au/privacy.asp that is incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made.

You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through the websitebrokers.com.au website and the services provided therein.

We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the websitebrokers.com.au Privacy Policy and to further the goals contemplated by this Agreement.

BREACH AND TERMINATION
You agree that websitebrokers.com.au may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by websitebrokers.com.au under this Agreement and through the websitebrokers.com.au website immediately and without any notice.

Without limiting the foregoing, websitebrokers.com.au may terminate this Agreement if websitebrokers.com.au determines in its sole discretion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other websitebrokers.com.au policies; or if websitebrokers.com.au determines in its sole discretion that you have infringed upon or tried to infringe upon the proprietary rights of others; or if any information that you have provided websitebrokers.com.au is found in websitebrokers.com.au’s sole discretion to be false or that we have been unable to authenticate or verify the veracity of such information.

WARRANTY
You agree that use of websitebrokers.com.au’s services is at your sole risk and that the services are provided on an “as is” and an “as available” basis.

Websitebrokers.com.au expressly disclaims all warranties of any kind, express or implied, including, but without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement.

Websitebrokers.com.au makes no warranty that the services will meet your requirements, that they will be uninterrupted, timely, secure, or error free. Nor does websitebrokers.com.au make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained from the websitebrokers.com.au website.

You understand and agree that any material and/or data downloaded from the websitebrokers.com.au website or any services obtained through the services provided by websitebrokers.com.au is done at your sole discretion and risk and that you will be solely responsible for any damage resulting from any such download or use of such information or other related transaction. No advice or information that you may obtain from websitebrokers.com.au or through the services provided by websitebrokers.com.au shall create any warranty not expressly stated therein.

LIMITATION OF LIABILITY
In the event that you have a dispute with any other user, including with another party to the transaction, facilitated through the websitebrokers.com.au website, you agree to release websitebrokers.com.au, and its officers, directors, employees, agents and representatives from any and all claims, demands and damages (actual or consequential) of every kind and nature, disclosed or undisclosed, arising out of or in connection with any such dispute (“Claim or Demand”).

You agree to indemnify and hold websitebrokers.com.au (including, its officers, directors, employees, agents and representatives) harmless from any such Claim or Demand, including, without limitation, any claim or demand that may arise from or in connection with, your failure to abide by the terms and conditions of this Agreement.

If you are a California resident, you agree to waive California Civil Code Section 1542, which states in part that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.”

Websitebrokers.com.au does not, and you agree that you will not ask it to, enforce the terms of any agreement to which it is not a party.

IN NO EVENT SHALL WEBSITEBROKERS.COM.AU BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY WEBSITEBROKERS.COM.AU OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY WEBSITEBROKERS.COM.AU OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WEBSITEBROKERS.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL WEBSITEBROKERS.COM.AU’S LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT EXCEED THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITIES OR $1,000.

COPYRIGHT
Websitebrokers.com.au retain all rights and remedies available to them under the Copyright Act 1968. You must not use any of the data contained in the services supplied within this site for the purposes of on-selling. You must not replicate or reproduce any of the data or information for any other person or act in any way that may result in a benefit for any other person or company without the express written permission of websitebrokers.com.au.

Websitebrokers.com.au advises that such permission will not be withheld unreasonably however websitebrokers.com.au will levy a fee in relation to the grant of such permission.

GENERAL PROVISIONS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the websitebrokers.com.au website, the services provided therein, and the participation in any active commercial activity conducted in or through the websitebrokers.com.au website.

Other than as expressly stated in this Agreement, there is no agency, partnership, joint venture, employer, employee, franchiser or other legal relationship between websitebrokers.com.au and yourself.

Unless explicitly stated otherwise, any notices shall be given by e-mail (info@websitebrokers.com.au) to the e-mail address you provided to websitebrokers.com.au during the registration process.

Alternatively, we may give you notice by certified mail, postage prepaid, to the address provided to us during the registration process. You may not assign, transfer, resell or sublicense your rights or obligations under the terms and conditions of this Agreement.

This Agreement, its terms and conditions, and the relationship between you and websitebrokers.com.au shall be governed in all respects by the laws of New South Wales, as such laws are applied to agreements entered into and performed entirely within New South Wales and between residents of New South Wales.

The parties agree that the Supreme Court located in New South Wales, Australia shall have sole and exclusive jurisdiction to resolve any and all disputes arising from or in connection with this Agreement, and the parties hereby agree that personal jurisdiction and venue is proper therein.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement shall be fully enforced.

The failure of websitebrokers.com.au to act with respect to a breach by you or others does not waive our right to act with respect to subsequent similar, or the same, breach. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and may not be amended other than as provided for in this Agreement.

You agree that regardless of any statute or law to the contrary, any contract arising out of or related to use of the services provided by websitebrokers.com.au or otherwise arising out of or related to the terms and conditions of this Agreement, must be filed within one (1) year after such claim or cause of action first arose or shall be forever barred.

The websitebrokers.com.au website may contain links to and from other websites on the Internet that are owned and operated by other parties. You agree and acknowledge that websitebrokers.com.au is not responsible for the availability of, or the content located on or obtained through any such other Internet websites. If you have any concerns regarding such links or the content located on such other websites, you should contact the Webmaster or site administrator for those respective websites.

Websitebrokers.com.au does not verify the accuracy of the information and content provided for in such third-party websites, and providing such information or links cannot and should not be construed as support, backing, or other endorsement by websitebrokers.com.au of such site and/or information.

Websitebrokers.com.au’s trade name, logo, trademark, software, databases, reports, website and information are proprietary, and websitebrokers.com.au retains all rights, title and interest therein.

By becoming a member or subscriber to the services provided by websitebrokers.com.au, you do not acquire any rights or licenses over such or over websitebrokers.com.au’s assets, rights or licenses, other than as what is explicitly granted to you under this paragraph. You may not use the information contained in, or through the services provided by, the websitebrokers.com.au website other than for the explicit purposes contemplated by this User Agreement.

You may not transfer, or otherwise provide access to, such information to any unauthorised third party, and you may not use such information other than for the specific purposes described in this Agreement.

Thank you for your support of websitebrokers.com.au and the services provided through this website.

By completing the registration information, clicking on the “I Accept” button, or otherwise accessing the websitebrokers.com.au website and using the information contained in this website, you agree to the terms of this Agreement.

We welcome you to the websitebrokers.com.au website, and hope that you will enjoy our services.