Terms of Service
Last updated: 29 March 2020
Business-Takeover.com (the “Platform”) is a product of Business Takeover Pte. Ltd., UEN: 202004694Z (collectively referred to herein as “BT”, “us”, “we” or “our”).
Business-takeover.com is an online marketplace that connects business owners (the “Seller”) with interested party and or parties (the “Buyer”) that are sourcing to take over and acquire businesses. The Platform permits the Seller to submit an application to enable advertisement(s) which represents a sale of a part and or an entire business entity and or business franchises (collectively referred to as the “Services”).
This terms of service (the “Terms of Service”) set forth below apply to your access and use of our Services, including our various websites, APIs, email notifications, applications buttons and widgets, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the “Content”).
BT may amend and vary this Terms of Service from time to time by amending this page. The amendments will be effective from the date they are posted on this Platform. You should check this page whenever you visit this Platform. Your continued use of this Platform will constitute your acceptance of the amendments.
You may only create and hold one(1) account on the Platform, that you are solely responsible for managing. You are not to create multiple accounts using different email addresses or mobile telephone numbers, where you are the beneficiary of those accounts. Your account is non-transferrable and may not be sold.
If you violate any of these terms, we may terminate your account and, without limitation, you may forfeit any amount credited or due to be credited to you under or in respect of your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally approve this (including re-enrolling or joining with a different email address, different mobile telephone number or under a different name).
If you commit fraud or falsify information in connection with your use of the Platform or in connection with your Business-Takeover.com account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue any action which is available to us (including the use of any available legal remedies) and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Platform.
BT may approve each application at its sole and absolute discretion. BT has no obligation to provide any reason should the application be unsuccessful. We do not guarantee that our Services, or any content, will always be available or be uninterrupted.
Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
Changes to our Services
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.
Account and Password
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. BT cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
If you know or suspect that anyone other than you knows your password, you must promptly notify us at firstname.lastname@example.org
Intellectual Property Rights
All intellectual property rights subsisting in respect of the Services belong to BT or have been lawfully licensed to Business Takeover Pte. Ltd. for use in connection with the Services.
All rights under applicable laws are hereby reserved.
You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Platform itself or create derivative works with respect thereto, as the Platform is copyrighted under applicable laws.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you.
You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
Limited Liability and Warranty
Please read this section carefully since it limits the liability of BT and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of BT”).
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section excludes or limits our liability for death or personal injury arising from our negligence or is intended to limit any rights you may have which may not be lawfully limited.
All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information. Your access to and use of our Services is at your sole risk and is provided “as-is”, “as available”, the Services are for commercial use only and the Entities of BT make no representation of warranty of any kind, express or implied, including, without limitation, any warranties on merchantability of fitness for any particular purpose of non-infringement.
We do not endorse, warrant or guarantee any material, product or service offered through us or our services. We are not and will not be a party to any transaction between you and any third party.
The Entities of BT shall not guarantee or assume any responsibility that:
- the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
- the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
- messages sent through the internet, including in connection with the services will be free from interception, corruption, error, delay or loss;
- access to the Services will be available or be uninterrupted;
- use of the Services will achieve any particular result; or
- defects in the Services will be corrected.
Without limiting the generality of the foregoing, in no event will the Entities of BT be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business, profit, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if any of the Entities of BT has been advised of the possibility of such loss or damages.
You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.
Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at email@example.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
Use of the Services
By submitting an application on this Platform, you confirm you are duly authorized to represent your company, with granted Board Resolution of your organization, to submit this application form to BT. You confirm that
- all information and documents provided to us in connection with this application are true, complete and accurate;
- you have disclosed all information which you know or should reasonably know and have not withheld any material fact that will affect the assessment of this application.
You authorize us to conduct due diligence and credit checks on your company as we deem necessary.
You agree that we are authorized to disclose, reveal any and all information relating to this application, as well as make further inquiries with any authority or any other persons, in order to verify and make assessments on this application.
You agree that we have the absolute right to approve or reject this application without assigning any reason whatsoever and that all information and or documents provided in connection with this application shall become and remain the property of us. The grant of any approval for use of Services (if any) would be on such terms and conditions as we may specify.
We reserve the right at all times (but will not have an obligation) to refuse our Services, to suspend or terminate users, and to reclaim usernames without liability to you.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request;
(ii) enforce the Terms of Service, including investigation of potential violations hereof;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to user support requests; or
(v) protect the rights, property or safety of BT its users and the public.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform in order to access our site. You should use your own virus protection software.
You may not do any of the following while accessing or using the Services:
(i) access, tamper with, or use non-public areas of the Services, BT computer systems, or the technical delivery systems of BT’s providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
(v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Third-Party Links and Resources in our Platform
The links from the Services may take you to other sites or services and you acknowledge and agree that BT has no responsibility for the accuracy or availability of any Information provided by third parties services and web-pages.
The services may include advertisements, which may be targeted to the Content or information on the services, queries made through the Services, or other information. The types and extent of advertising by BT on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that BT and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Links to other web-pages and services do not constitute an endorsement by us of such web-pages or services, or the Information, products, advertising or other materials made available by such third parties.
BT reserves the right to remove any material you upload or post onto the Platform if, in its opinion, such material infringes or is likely to infringe the Intellectual Property Rights of any third party.
BT will not be responsible or liable to you for the content or accuracy of any material uploaded or posted by any other user of this Website.
You hereby agree to indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the Platform. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume the exclusive defense and control of any claim or action.
The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
If there are two or more persons adhering to these Terms of Service as a user, their liability under the Terms of Service is joint and several, and their rights are joint.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
The Terms of Service will continue to apply until terminated by either you or us as follows:
- You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You are required to specifically inform us when you stop using the Services.
- We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after the termination of this agreement shall remain in full force and effect.
Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice.
Governing Law and Jurisdiction
These Terms of Service shall be governed by Singapore law. You agree to submit to the exclusive jurisdiction of the Singapore courts.
This agreement is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.
By accessing the Platform, you understand, acknowledge and agree that you will abide by the Terms of Service. If you do not agree to the Terms of Service, immediately stop accessing the Platform and do not use and or engage any Services offered through the Platform.