1. Acceptance of Terms

By accessing or using the Nikki Katz website and services, you agree to these Terms and Conditions. If you do not agree, please do not use our services.

 

2. Services Description

We provide business brokerage services including:

• Business valuations and appraisals
• Business listings and marketing
• Buyer and seller representation
• Transaction facilitation and advisory
• Consulting and advisory services

 

3. No Guarantee of Outcomes

Important: We cannot guarantee:

• Sale of any business within a specific timeframe or at a specific price
• That buyers will secure financing
• Specific valuation outcomes
• Particular transaction results

Business sales involve multiple variables beyond our control. All projections and valuations are estimates based on available information.

 

4. Client Responsibilities

For Sellers:

• Provide accurate and complete business information
• Maintain the confidentiality of prospective buyers
• Allow reasonable access for inspections
• Disclose all material facts about the business
• Maintain business operations during the sale process

 

For Buyers:

• Conduct proper due diligence
• Maintain confidentiality of business information
• Act in good faith during negotiations
• Secure independent professional advice (legal, accounting, financial)

 

5. Confidentiality and Non-Disclosure

• All parties must sign Non-Disclosure Agreements before receiving sensitive information
• Business information must be kept strictly confidential
• Information may only be used for evaluating the transaction
• Breach of confidentiality may result in legal action

 

6. Professional Advice Disclaimer

We are business brokers, not:

• Lawyers (seek independent legal advice)
• Accountants (seek independent financial advice)
• Financial advisors (seek independent investment advice)

You should engage appropriate professionals for specialist advice.

 

7. Information Accuracy

While we strive for accuracy, we:

• Rely on information provided by sellers
• Cannot verify all information independently
• Make no warranties about business performance
• Recommend thorough due diligence by buyers

Business listings are based on seller-provided information and should not be solely relied upon.

 

8. Valuations and Appraisals

Business valuations:

• Are estimates based on available information
• Depend on market conditions and assumptions
• Are no guarantees of the sale price
• Should be verified with independent valuers
• May change based on new information or market conditions

 

9. Commission and Fees

• Fees and commission structures are outlined in separate Service Agreements
• Commission is typically earned upon successful completion of a transaction
• Expenses may apply as per the Service Agreement
• All fees are subject to GST where applicable

 

10. Termination of Services

Either party may terminate the Service Agreement according to its terms. Upon termination:

• Outstanding fees remain payable
• Confidentiality obligations continue
• Work-in-progress may be charged pro rata

 

11. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, consequential, or incidental damages
• Our liability is limited to the fees paid for our services
• We are not responsible for buyer financing failures, deal breakdowns, or post-sale business performance
• We are not liable for information provided by third parties

 

12. Indemnification

You agree to indemnify us against claims arising from:

• Your breach of these Terms
• Inaccurate information you provide
• Your breach of confidentiality
• Your violation of any laws or third-party rights

 

13. Intellectual Property

All website content, including text, graphics, logos, and design, is our property or our licensors’ property and is protected by copyright and trademark laws.

 

14. Website Use

You agree to:

• Use the website only for lawful purposes
• Not interfere with website functionality
• Not attempt unauthorised access to systems
• Not transmit harmful code or content
• Respect intellectual property rights

 

15. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

 

16. Dispute Resolution

Informal Resolution

We encourage you to contact us first to resolve any disputes informally.

Formal Resolution

If informal resolution fails:

• Disputes may be referred to mediation
• Parties will share mediation costs equally
• Mediation is a prerequisite to legal proceedings (except urgent matters)

 

17. Governing Law

These Terms are governed by the laws of Adelaide, Australia. You submit to the exclusive jurisdiction of the courts of Adelaide.

 

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

 

19. Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreement, constitute the entire agreement between you and us.

 

20. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website. Your continued use constitutes acceptance of the modified Terms.

 

21. Contact Information

For questions about these Terms and Conditions:

Nikki Katz

Email: Nikki@NikkiKatz.com.au

 

Acknowledgment

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

 

Last Updated: October 2025