WEBSITE TERMS OF USE

Effective Date: 13 August 2026

1. About these Terms

These Terms of Use govern your access to and use of the Active Sales website, including any associated online portals, listing pages, enquiry forms and other functionality made available through the website (collectively, the Website).

The Website is operated by Stibbard Holdings Pty Ltd (ABN 15 661 021 334) trading as Active Sales (Active Sales, we, us or our).

By accessing or using the Website, you agree to these Terms of Use.

If you do not agree to these Terms of Use, you should not use the Website.

2. About Active Sales

Active Sales provides an online platform through which businesses and business opportunities may be advertised and potential buyers may view listings, request further information and make enquiries.

Unless expressly agreed otherwise in a separate written agreement, Active Sales provides an advertising and listing service only.

Use of the Website does not, by itself:

  • appoint Active Sales as a business broker, agent or representative of any person;

  • create an agency, fiduciary, partnership, joint venture or similar relationship between Active Sales and any user;

  • authorise Active Sales to negotiate, enter into or conclude a transaction on behalf of a vendor or buyer; or

  • constitute financial, legal, taxation, accounting, investment or other professional advice.

Where any additional advisory or related services are separately provided, those services may be governed by a separate written agreement.

3. Business Listings

Business listings displayed on the Website may include information regarding matters such as:

  • asking price;

  • revenue;

  • profitability;

  • earnings or EBITDA;

  • assets and equipment;

  • employees;

  • premises and lease arrangements;

  • franchise arrangements;

  • operating history;

  • business activities;

  • growth opportunities; and

  • other commercial information.

Unless expressly stated otherwise, information contained in a business listing has been provided by the vendor or has been prepared using information supplied by or on behalf of the vendor.

Active Sales may edit, format, summarise or present information supplied by a vendor for advertising purposes.

Active Sales does not represent that it has independently audited, verified or substantiated all information contained in a listing.

4. No Guarantee Regarding Listings

While reasonable steps may be taken to maintain the Website, Active Sales does not guarantee that:

  • information contained in a listing is complete, accurate or current;

  • financial information has been independently verified;

  • representations made by a vendor are correct;

  • a business will achieve any particular level of revenue, profit or financial performance;

  • a listed business will sell;

  • a business will sell for the advertised asking price;

  • a business remains available for sale;

  • a particular buyer will be suitable or capable of completing a transaction; or

  • a transaction will proceed or successfully complete.

A listing is an advertisement and should not be treated as a valuation, recommendation, investment opinion or representation by Active Sales regarding the value or suitability of a business.

5. Buyer Responsibilities

If you are considering purchasing a business advertised on the Website, you are responsible for conducting your own enquiries and due diligence before making any decision or entering into any transaction.

You should obtain independent professional advice appropriate to your circumstances, which may include advice from a solicitor, accountant, financial adviser, finance provider, business adviser or other appropriately qualified professional.

You are responsible for independently verifying information relevant to a proposed purchase, including financial performance, assets, liabilities, taxation matters, leases, licences, employees, contracts, franchise arrangements and other material matters.

Information available through the Website should not be the sole basis upon which you decide to purchase, value, finance or otherwise deal with a business.

6. Vendor Responsibilities

If you submit, provide or authorise information for a business listing, you are responsible for ensuring that the information you provide:

  • is accurate and not misleading or deceptive;

  • is reasonably current;

  • does not omit information where the omission would make the information misleading;

  • does not infringe another person's intellectual property or other rights;

  • may lawfully be disclosed and advertised;

  • complies with applicable laws; and

  • has been authorised for publication where information belongs to or concerns another person.

You must notify Active Sales within a reasonable period after becoming aware that material information contained in your listing is incorrect, outdated or misleading.

Active Sales may request additional information or evidence in relation to information submitted for publication.

7. No Relationship Between Users

Active Sales provides a platform through which vendors and prospective buyers may become connected.

Unless expressly agreed otherwise in writing, Active Sales is not a party to any transaction between a vendor and buyer.

Any agreement to buy, sell, invest in, finance or otherwise transact in relation to a listed business is an agreement between the relevant parties.

Each party is responsible for obtaining its own professional advice and determining the terms upon which it is prepared to proceed.

8. Enquiries

When you submit an enquiry regarding a business, you authorise Active Sales to use the information you provide for the purpose of processing your enquiry and, where appropriate, providing that enquiry or your contact details to the relevant vendor or authorised representative.

Submitting an enquiry does not guarantee that:

  • the vendor will respond;

  • additional information will be provided;

  • you will receive access to confidential information;

  • the business remains available; or

  • the vendor will enter into negotiations with you.

Active Sales may take reasonable steps to identify, filter or manage enquiries before forwarding them.

9. Confidential Information and Buyer Portals

Certain listings or information may only be accessible after a user completes a confidentiality agreement, receives an access code or is otherwise granted access.

If you are granted access to confidential information, a confidential listing or a secure buyer portal, you must:

  • keep your login details and access codes secure;

  • not provide access to another person without authorisation;

  • only use the information for the purpose for which access was granted; and

  • comply with any separate confidentiality agreement applicable to that information.

Access to a secure portal does not give you ownership of, or an unrestricted right to distribute, the information made available through that portal.

Where a separate confidentiality agreement applies, that agreement operates in addition to these Terms of Use.

10. User Accounts and Security

Where the Website allows you to create an account or access a secure area, you are responsible for maintaining the confidentiality of your login details.

You must notify Active Sales as soon as reasonably practicable if you become aware of unauthorised access to your account.

You must not knowingly allow another person to impersonate you or use your account in circumstances where that person has not been authorised to do so.

11. Acceptable Use

You must not use the Website:

  • for any unlawful, fraudulent or misleading purpose;

  • to impersonate another person;

  • to submit false or deliberately misleading information;

  • to distribute malware, viruses or other harmful technology;

  • to interfere with the security or proper operation of the Website;

  • to obtain unauthorised access to another person's account or confidential information;

  • to harvest personal information from the Website without lawful authority;

  • to send unsolicited commercial communications;

  • to reproduce or commercially exploit Website content except as permitted by these Terms or with our written permission;

  • to systematically scrape, crawl, copy or extract listings or Website data for the purpose of establishing, populating or supporting a competing business-listing database or platform; or

  • in any manner that infringes the rights of Active Sales or another person.

Reasonable use of publicly available listing information for the genuine purpose of considering a business opportunity is permitted.

12. Intellectual Property

Unless otherwise indicated, Active Sales or its licensors own or have the right to use the intellectual property appearing on the Website, including its branding, Website design, graphics, written content, database structure and other material created by Active Sales.

You may view, download or print Website content for your personal or internal business use in connection with evaluating a listed business.

You must not reproduce, publish, distribute, sell, sublicense, commercially exploit or create a competing database from Website content without permission, except where permitted by law.

Nothing in these Terms transfers ownership of intellectual property to you.

13. Content Supplied by Users

If you provide photographs, text, financial summaries, logos, documents or other content to Active Sales for publication or use in connection with a listing, you retain ownership of any rights you hold in that content.

You grant Active Sales a non-exclusive licence to use, reproduce, format, edit and display that content to the extent reasonably necessary to provide the services you have requested, advertise the relevant business and operate the Website.

You represent that you have the necessary rights or permissions to provide that content to Active Sales for those purposes.

14. Removal or Modification of Content

Active Sales may remove, suspend, correct or modify Website content where reasonably necessary, including where:

  • information appears inaccurate or misleading;

  • a listing is no longer available;

  • information may breach applicable law;

  • content may infringe another person's rights;

  • there is a legitimate security concern;

  • a user has breached these Terms; or

  • removal is reasonably required for the operation or integrity of the Website.

Where reasonably practicable and appropriate, Active Sales may contact an affected user regarding a material issue with their listing or account.

15. Paid Listings and Other Services

Certain services provided through or in connection with the Website may require payment.

Fees, listing periods, renewal arrangements, cancellation rights and other commercial terms applicable to a paid service may be set out in a separate proposal, order form, Vendor Listing Agreement, subscription agreement or other terms accepted when purchasing that service.

Where there is an inconsistency between these Terms of Use and a specific written agreement for a paid service, the specific agreement will apply to the extent of the inconsistency.

16. Third-Party Websites and Services

The Website may contain links to websites, software, platforms or services operated by third parties.

Active Sales does not control third-party services and is not responsible for their availability, security, content or privacy practices.

A link to a third-party website does not necessarily indicate endorsement of that website or its operator.

Your use of third-party services may be subject to separate terms and privacy policies.

17. Website Availability

Active Sales aims to keep the Website reasonably available but does not guarantee uninterrupted or error-free access.

The Website may occasionally be unavailable due to maintenance, updates, technical issues, security issues or circumstances outside our reasonable control.

Active Sales may make reasonable changes to the Website or its functionality from time to time.

18. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or other protection that cannot lawfully be excluded, restricted or modified, including any rights that may apply under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Where the Australian Consumer Law or another law provides you with rights that cannot lawfully be excluded, those rights continue to apply despite anything else contained in these Terms.

19. Disclaimers

To the extent permitted by law, Active Sales does not warrant that:

  • the Website will meet every user's requirements;

  • all Website information will be error-free;

  • all listings will remain available;

  • all users of the Website are genuine, financially capable or suitable;

  • information supplied by third parties is accurate; or

  • using the Website will result in a successful business transaction.

These disclaimers do not apply to the extent that doing so would exclude a right or guarantee that cannot legally be excluded.

20. Liability

Nothing in these Terms limits Active Sales' liability where liability cannot lawfully be limited or excluded.

Subject to that qualification and to the extent permitted by law, Active Sales is not responsible for loss arising solely from:

  • inaccurate, incomplete or misleading information supplied by a vendor or other third party;

  • a user's failure to independently investigate a business;

  • negotiations, agreements or disputes between buyers and vendors;

  • a decision by a vendor not to proceed with a transaction;

  • a decision by a buyer not to proceed with a transaction;

  • the withdrawal or sale of a listed business;

  • unauthorised acts of another Website user; or

  • third-party websites or services outside Active Sales' reasonable control.

This clause does not limit liability to the extent that loss was caused or contributed to by Active Sales' own negligence, unlawful conduct, breach of contract or breach of a right that cannot lawfully be excluded.

21. Indemnity

To the extent permitted by law, you indemnify Active Sales against reasonably incurred loss, liability or expense arising directly from:

  • your material breach of these Terms;

  • content supplied by you that infringes another person's rights;

  • unlawful or fraudulent use of the Website by you; or

  • materially false or misleading information knowingly supplied by you.

Your liability under this clause is reduced to the extent that the relevant loss was caused or contributed to by Active Sales or another person.

22. Suspension or Termination of Access

Active Sales may restrict or suspend access to the Website or a secure area where reasonably necessary because of:

  • a material breach of these Terms;

  • suspected fraud;

  • misuse of confidential information;

  • unlawful activity;

  • a material security risk; or

  • conduct that materially interferes with the operation of the Website.

Where appropriate and reasonably practicable, Active Sales may provide notice of the reason for the restriction or suspension.

23. Privacy

Personal information collected through the Website is handled in accordance with the Active Sales Privacy Policy and applicable privacy laws.

The Privacy Policy should be read together with these Terms of Use.

24. Changes to these Terms

Active Sales may update these Terms where reasonably necessary to reflect changes to:

  • the Website;

  • services offered;

  • business practices;

  • technology;

  • security requirements; or

  • applicable laws and regulatory requirements.

The current version will be published on the Website with an updated effective date.

Changes will apply prospectively from the date the updated Terms take effect.

Where a material change affects an existing paid service, any separate agreement governing that service will continue to apply in accordance with its terms.

25. Disputes and Concerns

If you have a concern regarding the Website, a listing or these Terms, you may contact Active Sales using the contact details below.

The parties should, where appropriate, attempt to resolve a dispute through good-faith discussions before commencing formal proceedings.

Nothing in this clause prevents either party from seeking urgent relief or exercising a right available under applicable law.

26. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Subject to any rights regarding jurisdiction that cannot lawfully be excluded, the parties submit to the courts of New South Wales and courts entitled to hear appeals from those courts.

27. Severability

If a provision of these Terms is found to be invalid, illegal or unenforceable, that provision is to be read down to the extent reasonably necessary to make it valid and enforceable.

If it cannot be read down, the provision may be severed without affecting the remaining provisions.

28. Contact

Questions regarding these Terms of Use may be directed to:

Active Sales
Stibbard Holdings Pty Ltd t/as Active Sales
ABN: 15 661 021 334
Email: info@activesales.com.au
Website: www.activesales.com.au

Last updated: 13 August 2026