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181010_seller declaration_v2 page 1 of 3

Seller Declaration
[last updated October 2018]

When you read the words ‘Flippa’, ‘us’, ‘our’ or ‘we’, it means Flippa.Com Pty Ltd ABN 12 135 570
713 and our subsidiaries, affiliates, officers, employees, agents, partners, licensors, successors and
assigns. Our website means flippa.com, any sub-domains and our associated web services including
our mobile application.
When you read the words ‘Seller’, ‘you’ or ‘your’ it means you, the owner of the asset or business
being listed for sale on flippa.com and your directors, affiliates and employees.
Important information before you finalise your listing
We are committed to creating a selling and buying environment that is fair and transparent, where
authentic assets or businesses can be bought and sold. To create this environment, it is important
that sellers and buyers follow the rules and that sellers particularly, are careful with their listings to
ensure they are accurate and not false or misleading. Only the person or entity that legally owns an
asset or business may list the asset or business for sale.
To facilitate this process, we require you to complete this declaration prior to your asset or business
being listed on our website. By signing this Seller Declaration, you also agree to be bound by our
terms and conditions for selling an asset or business on our website.
You can read the terms and conditions here: https://resources.flippa.com/terms-and-conditions/.
If you do not agree with the terms of this agreement or our terms and conditions, please do not
continue with the listing of your asset or business on our website.
YOU SHOULD CAREFULLY READ THIS AGREEMENT AS THERE ARE PENALTIES WE CAN IMPOSE
AGAINST YOU IF YOU MAKE A FALSE DECLARATION.
1. Sellers warranties and acknowledgements
1.1.You warrant you are the legal owner of the asset or business you are listing on our website. This
means you own the assets and other items being listed for sale and you have the legal right and
ability to transfer those assets or items to the winning buyer of the auction or the buy-it-now
buyer.
1.2.You warrant all the information contained in the listing for your asset or business is true and
correct and there are no false or misleading statements. This means you have:
(a) Accurately described the nature, core activities, processes, products etc associated with your
asset or business.
(b) Accurately listed the inclusions that will be transferred to the buyer upon completion.
(c) Accurately described the income and costs related to the asset or business.
(d) Not included misleading information in the costings. For example, by leaving out important
information, making the figures look more favourable by selecting specific periods of trading
or leaving out costs that were pre-paid in a prior period.
(e) Not forecast future profits without adequate data available to the buyer to substantiate your
claims.
(f) Not made any statements or representations (by way of images, text or omissions) that would
mislead a buyer into thinking they are buying something different than what is actually for
sale.
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1.3.You warrant you are the person in the identification you have provided to us and your address
and personal details are accurate and true.
1.4.If you provide us with any material subject to copyright, you warrant you are the legal owner of
the material and grant us a non-exclusive license to use the copyright material to display on our
website.
1.5.You acknowledge and agree that the fee you pay to list your asset or business for sale on
flippa.com is non-refundable once you have submitted your listing. This means you will not get
your listing fee back if:
(a) You are unable to sell your asset or business; or
(b) Your listing is removed by us due to a breach of your obligations under this agreement or
under any of our other terms and conditions (as disclosed on our website).
1.6.You agree you will not behave in a manner which may bring disgrace or disrepute to us and you
will comply with all applicable laws and regulations in relation to the sale of your asset or
business.
1.7.You agree that we will post your approved listing, based on the information you have provided, at
your risk. We have no liability for your listing or subsequent sale and we make no warranties
about the suitability of our website for your asset or business sale, the suitability or
trustworthiness of any users of our website, including potential buyers, or the availability of our
website.
1.8.You acknowledge that Flippa is a marketplace only - connecting buyers with sellers - and that any
brokerage service you pursue is external to Flippa.
1.9.You acknowledge that Flippa will take a commission based on the sale price (as agreed by you at
the point of listing) where your asset or business is successfully sold.
1.10.You acknowledge and agree we are relying on the warranties and agreements you make in this
Seller Declaration.
2. Consequence of making a false declaration or defaulting under this agreement
2.1.If you default under this agreement, for example by breaching a warranty by including false
information in a listing or not transferring items to the buyer that you stated in your listing were
included in the sale, we reserve the right to:
(a) Immediately terminate all agreements we have with you and remove your listing(s) from our
website;
(b) Refund to the buyer any money paid by the buyer and held in escrow in relation to the asset
or business transaction your default relates to and, by signing this agreement, you irrevocably
agree to the release of these funds to the buyer in these circumstances;
(c) Delete your account registered on our website;
(d) Permanently ban you and any related entity, asset or business or person connected with you,
from holding an account on our website; and/or
(e) Refer the matter to the police or local authorities should we deem the default to be a
criminal matter including but not limited to:
(i) Making a claim and taking money for your asset or business where that claim is proven to
be false.
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(ii) Taking money paid by the buyer without releasing or transferring to the buyer all items
stated in the listing including all assets listed as part of the sale
3. Signing
3.1.The parties consent to this agreement being signed electronically.
Note: This document will be stored in your profile and will also be made available to buyers at the
time an offer has been accepted and funds have been paid.

Signed by the
Seller:
Date: 8August
10 1, 2019
October
september 2019

End.