Terms of Service

Last Revised: January 7, 2022

The following terms of service (the “Terms and conditions”, “Terms of use” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user (“User”, “you” or “your”) and Larvato Pty Ltd and its affiliates, successors and assigns (“Larvato”, “Larvato Pty Ltd” “us”, “our” or ‘we”), the owner and operator of the www.larvato.com website (collectively, the “Site”) and all content and features contained therein, as well as Larvato’s newsletter, email notifications or any related applications provided by us (collectively, the “Services”), regarding your use of www.larvato.com and/or Services. BY ACCESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

Modifications to the Terms of Service

Larvato Pty Ltd, in its sole and absolute discretion, may make changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Larvato Pty Ltd may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, we may occasionally notify you of upcoming changes or modifications to this Agreement by email. We, therefore, recommend that you keep your account information including, but not limited to, your email address, current.

Business for Sale Searching and Information Service

The Service provides an online business advertising, searching and information service. Larvato Pty Ltd does not broker or sell businesses directly and is not a party to any transaction between the business purchaser and seller. As a result, Larvato Pty Ltd does not (a) guarantee or ensure any business or any transaction between the seller and purchaser, (b) act as a business broker, loan broker, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Service, or (c) broker or sell any businesses for sale.

Submission of Business Opportunities (“Listing” “Deals”)

You agree not to submit through the Websites any Content containing, photograph, financial, contact or any other listing information to publish and advertise a business opportunity using the Service unless you has received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers and/or copyright owners of any photographs. You agree not to submit any image to Larvato which contains any misrepresentations or unsuitable, inappropriate or controversial content, or otherwise violates any terms of this Agreement. Larvato Pty Ltd reserves the right to remove any images in violation of this provision. You agree that all images submitted for publishing represent the business opportunity or category exclusively, and do not include any broker logos, contact information, website addresses, phone numbers, or any overlay text or graphics of any kind. Only one listing on the Larvato Pty Ltd Websites published using the Service is permitted for each business opportunity (e.g., multiple business advertisements within a listing, or multiple listings for the same opportunity, is not permitted), and a listing may not be modified or edited in an attempt to sell a different business entity. Additionally, you agree to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of your website or the Larvato Websites. Larvato Pty Ltd shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites, the newsletter and Larvato Pty Ltd shall have the right to modify the listing in the exercise of its rights under this Agreement. You (a) represents and warrants that all business and associated information provided by you will be accurate, and to the extent applicable, you have acquired or obtained all the required licensing, permits and legal authority to market and sell the business(es) in the locations in which it is advertising; (b) agrees that you will not permit the posting of a business on the Websites under a name other than that of the business owner or the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed, active and exclusive listing agreement with the owner; (c) agrees to administer and maintain the accuracy of listings provided by you at all times; (d) agrees to provide to prospective buyers, free of cost, the information needed so that such prospective buyers can make a fully informed purchase decision. In addition, You agree not to advertise a business opportunity as an Established Business unless such a business (1) is open and has been continuously operating for a minimum of one year (two years for internet-based businesses), (2) has an established customer base and a material revenue history, and (3) has ability to provide financial history information to qualified buyers. Larvato Pty Ltd reserves the right to remove all or any part of the listings/deals posted on Larvato’s website, newsletter or spreadsheet. 

 

Larvato Pty Ltd accepts no responsibility for checking the accuracy of reports or data files submitted by you. While we shall take all reasonable efforts for data backup and business resumption, you will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to us.

 

Eligibility; Registration

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are at least eighteen (18) years of age.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your User information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

You may be asked to register in order to use certain Services including, but not limited to, our newsletter. You agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. Larvato Pty Ltd has the right to suspend or terminate your registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete.

Your Use of the Site and Services

You acknowledge and agree that:

Your use of the Site and the Services including any content you submit will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not impersonate another User, or collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You will not use this Site or the Services in a manner (as determined by Larvato in its sole and absolute discretion): that is illegal, infringing, defamatory, harassing, abusive; that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable. You will not use this Site or the Services for hate speech, hate crimes or violence. You will not use this Site or the Services: to send spam or other unsolicited bulk email; for computer or network hacking or cracking; or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services. You will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by Larvato. You will not access Larvato Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as Larvato may designate. You will not use this Site or the Services found at this Site or newsletter, including any of Larvato’s related technologies, for any commercial use without Larvato’s express prior written consent.

Larvato Pty Ltd reserves the right to modify, change, or discontinue any aspect of this Site or the Services at any time.

Our Use of User Content

Some of the features of this Site or the Services found at this Site may allow Users or website viewers to view, post, publish or share their listings, deals, opinions, preferences or feedback (e.g., through a “like” or “comment” function) relating to Larvatos’s articles or listings (“User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Larvato: (i) you have all necessary rights to distribute User Content, either because you have written consent or the owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.

Larvato Pty Ltd has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content.

If you post or publish your User Content to this Site, you authorize Larvato to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant Larvato a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Larvato’s business, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you notice us to remove or delete your User Content from this Site. You understand and agree, however, that Larvato may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted unless you expressly request full removal of your User Content.

With your permission, Larvato may access your email contacts and send emails on your behalf. We only store the email addresses you share, and only for email sending purposes.

Our Monitoring of User Content

Larvato reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. Larvato may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Larvato in its sole and absolute discretion), at any time and without prior notice. If Larvato terminates your access to this Site or the Services found at this Site, Larvato may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

Procedure for Making Notification of Claims of Copyright Infringement

Larvato Pty Ltd and its affiliates respect the intellectual property of others, and we ask those posting or transmitting any content to or through our services or any associated websites to respect copyright law. It is the policy of Larvato to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use. If you believe that your work has been copied and is available on any our website or other services in a way that constitutes copyright infringement, you may notify us according to the notice requirements of the Digital Millennium Copyright Act (“DMCA”) and any other applicable law. You must submit Your notice in writing to the attention of our copyright agent via email at support@larvato.com and include in your notice a detailed description of the alleged infringement.

Links to Third-Party Websites

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Larvato. These links are provided solely as a convenience to you and do not constitute an endorsement by Larvato of the content on such websites nor of the business practices of those operating those websites. Larvato has no control over and assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, Larvato does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Larvato from any and all liability arising from your use of any third-party website. Accordingly, Larvato encourages you to be aware when you leave this Site or our using our Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless Larvato Pty Ltd, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to these Terms or your use of the Services. Larvato Pty Ltd reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Paid Services

Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the Pricing and Payment Terms, as we may update them from time to time. Larvato Pty Ltd. may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in the Pricing and Payment Terms.

You may cancel your Larvato account at any time; however, there are no refunds for cancellation after the date of purchase. If you cancel before the end of your billing cycle you will have access to your account for the remainder of the billing cycle. In the event that Larvato Pty Ltd suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

4.C. Payment Information; Taxes.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

No Professional, Tax, Financial or Legal Advice

No part of Larvato’s newsletter, its contents or services is intended to provide professional, tax, financial or legal advice, and any statements referring to these areas are to be considered opinion only. All recipients are encouraged to take independent tax, financial or legal advice from duly regulated sources.

Disclaimer of Warranties and Limitation of Liability

Your access to and use of our Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site or in our Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and/or Services.

THE SERVICES ARE AVAILABLE “AS IS.” LARVATO PTY LTD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, TAX, FINANCIAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY DATA, MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

Larvato Pty Ltd, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenue, lost profits, loss of business, loss of use or of data, or interruption of business, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms). Any claim against us shall be limited to the amount you paid, if any, for use of the Services.

Listing Restrictions

All listings must be added in accordance with the Submission and Administration of Listings terms, as above. Listings may be for established businesses and profitable businesses. You may not delete then re-submit the same listing in order to affect the listing status on the Websites and newsletter. Listings for businesses that are no longer active or available for sale must be immediately notified to Larvato via email (support@larvato.com). Larvato Pty Ltd reserves the right, in its sole discretion, to remove any listing from the Service. Larvato Pty Ltd reserves the right to remove listings that are deemed excessive in number or in violation of the Submission and Administration of Listings terms

Miscellaneous

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Contact Info

You may contact us at support@larvato.com