2. The Website provides B2B Barter members, licensed real estate agents and business agents with a venue to list, view and purchase real estate and businesses directly from other B2B Barter members. B2B Barter is not a real estate agent or a business agent. Members communicate directly with members. Participating members may elect to have a licensed real estate agent or business agent act on their behalf or may act for themselves. At no time is B2B BARTER involved in the negotiations involving the sale of real estate or the sale of businesses.
Listing on the Website
3. In order to list your property or business for sale on the Website, you must provide B2B Barter with information about you and the property or business to be listed for sale. You must ensure that your listing complies with B2BB’s requirements and any statutory or regulatory requirements and that the information provided is true, correct and accurate in all respects.
(a) not to transmit any computer viruses, worms, defects or other disabling features to the Website;
(b) not to provide inaccurate or misleading or deceptive information;
(c) to comply with all applicable laws, including without limitation the Competition and Consumer Act 2010, in listing and selling your property or business and in using the Website; and
(d) you are authorised to make available the material uploaded or submitted for listing on the Website.
4. At its discretion, B2B Barter may elect to display or not display your listing, or amend, modify or arrange any of the information you have provided.
5. B2B Barter is the owner of the Website, including but not limited to the software, design, text, images and layout. B2B Barter is the licensee or owner of the B2B Barter logo(s) and trademark(s) displayed on the Website. You have no right to use the B2B Barter logo(s) and/or trademark(s) without first having obtained B2BB’s written consent, which may be withheld in B2BB’s sole discretion.
6. B2B Barter owns copyright in all of the original content of the Website as well as copyright in any selection, coordination, arrangement, enhancement, modification or updating of the content.
7. Except as otherwise expressly permitted by law, any copying, redistributing, retransmitting, publishing or commercial exploitation of any material downloaded from the Website is strictly prohibited without B2BB’s prior written consent. By visiting the Website, you do not acquire any ownership rights in any of the content of the site.
8. The information contained in the Website has been supplied to B2B Barter by B2B Barter members or third parties for viewing by other B2B Barter members. B2B Barter makes no warranties of any kind regarding this material, including, but not limited to, any warranty of accuracy, completeness or currency. B2B Barter accepts no responsibility and disclaims all liability in respect of any errors, inaccuracies or misstatements contained herein or for any loss or damages incurred arising out of the use of or reliance on information contained in the Website. Independent legal advice should be sought by a prospective purchaser prior to entering into a transaction for the purchase of real estate or the purchase of a business.
9. B2B BARTER does not represent any party to the transaction, nor is B2B Barter an agent for any party.
10. To the extent permitted by law: (a) any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded; (b) consequential, special or indirect loss or damage, including, but not limited to loss of opportunity and loss of profits is excluded; and (c) B2BB’s liability for any breach by B2B Barter of any condition or warranty that is not excluded is limited to resupplying the services The disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.
Liability and Indemnity
12. You agree that B2B Barter will be under no liability to you in respect of any loss or damage (including consequential, special or indirect loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of your use of the Website or in respect of a failure or omission on the part of another party to a transaction to complete a sale or satisfy the requirements of a sale.
13. You release and indemnify B2BB, its associates and employees from and against any actions, claims, losses or demands (including legal costs on a solicitor and own client basis of defending or settling any action, claim or demand) which may be instituted against B2B Barter arising out of a failure by you or a failure by another party to a transaction to complete a sale or satisfy the requirements of a sale.
14. This Website may contain links to other websites (“linked websites”). These links are provided for convenience only and may not remain current or be maintained.
15. B2B Barter is not responsible for the content or privacy practices associated with linked websites.
16. B2B Barter’s links with linked websites should not be constructed as an endorsement, approval or recommendation by B2B Barter of the owners or operators of those linked websites, or of any information, graphics, materials, goods or services referred to or contained on those linked websites.
Termination of Access
17. Access to this Website may be terminated at any time by B2B Barter without notice.
Subject to Change
18. B2B Barter reserves the right to amend these Terms and Conditions.
19. These Terms and Conditions are governed by the laws of the State of Queensland.