• Entrepreneurs who are looking for a successor to whom they can hand over their business.
• Entrepreneurs who are looking for a company to take over.

2. Contact person

I.M.Sch. & Co. Ltd. is the main contact for questions about www.businessexchange.mt that concern the technology of the exchange, the associated content management system and organizational process steps.

3. Content, offers

Through www.businessexchange.mt, information, particularly in the form of advertisements, is made available free of charge to as large a group of users as possible.

Www.businessexchange.mt enables users to search for advertisements themselves. Users are supported by I.M.Sch. & Co. Ltd., which publishes advertisements and establishes contacts between users.

The information contained in the advertisements is based exclusively on information provided by users, which I.M.Sch. & Co. Ltd. will obtain and pass on.

In addition to placing advertisements, targeted research is also possible. A researching user can make selections in the inventory of advertisements according to the specified criteria and then submit an inquiry using the contact form.

Www.businessexchange.mt is only available for advertisements that aim to find suitable companies for company succession.

Advertisements are accepted and correspondence is forwarded where there is a direct connection to company succession. In this respect, it would be companies that are typically actively operating and registered as a business or individuals working as freelancers.

Advertisements primarily seeking a company’s acquisition, which only contain the sale, rental or leasing of real estate, inventory or company shells and advertising the search for franchise partners which have no succession reference, will not be published. Similarly, advertisements that aim to solicit company advertisers as customers (e.g., agents), will not be considered (although agents such as financial advisor engaged to advertise on behalf of companies are permitted). The provision of business contacts or business ideas is also excluded. For this purpose, I.M.Sch. & Co. Ltd. is entitled to review the advertisement to assess it before posting it, if at all.

4. Mediation process

4.1. Transmission and processing of advertisement data

In a first step, advertisers register on the www.businessexchange.mt homepage and receive a confirmation message by email. By clicking on an activation link, they activate their own access. They can then post their advertisement and request publication by www.businessexchange.mt.

The activities of www.businessexchange.mt consist of quality assurance of the advertisement itself (without any review or verification of the veracity of its content), publication of the advertisements and forwarding of correspondence between advertisers and interested parties.

All information about the identity of the advertiser will be treated as confidential by www.businessexchange.mt and will only be made available to third parties with the express consent of the advertiser. The system assigns a code number to the advertisement, under which corresponding expressions of interest are received and processed.

The advertisers are solely responsible for ensuring that the data is accurate and up-to-date at all times and www.businessexchange.mt accepts no liability for this.

4.2. Implementation of the mediation

If advertisers have chosen to receive support from www.businessexchange.mt, expressions of interest received in response to advertisements will be compared with any requirements specified by the advertisers and, if there is a sufficiently high level of agreement, the expression of interest will be forwarded to the advertisers. If the sellers are interested in making contact, they can contact the interested parties directly. www.businessexchange.mt could further moderate a conversation between the two parties, should there be the possibility of reaching an agreement. An interested party has no right to have the expression of interest passed on (e.g., if the review of an expression of interest shows that it does not sufficiently match the requirements specified by the advertiser).

If advertisers have chosen the option of receiving expressions of interest directly, the advertiser will receive a copy of all requests received by www.businessexchange.mt, without review.

4.3. Duration of the brokerage activity

The regular publication period for an advertisement is 12 months. The advertisements will be removed from the company exchange after the publication period has expired, although advertisements can be re-listed by contacting www.businessexchange.mt.

If circumstances change and make it no longer sensible to continue publishing or placing an advertisement (e.g., the business has been acquired), advertisers must immediately inform www.businessexchange.mt to remove the advertisement. Users can also delete adverts and their user accounts themselves.

If advertisers have obtained the placement of an advertisement in the company exchange based on knowingly false information, www.businessexchange.mt has the right to immediately remove the advertisement from the exchange.

5. Disclaimer

The advertisements on www.businessexchange.mt are not reviewed to assess their truthfulness, completeness, accuracy and that they are not misleading. Further, data may have changed since submission of the advertisement. Therefore, no guarantee can be given on the information provided in the advertisement, especially third-party information, and www.businessexchange.mt does not bear any liability for damages to the extent permitted by law.

The information contained in the offers and other communications is based on information provided by third-parties. www.businessexchange.mt will receive and pass on information but is not obliged to check it or to conduct its own research. To the extent permitted by law, www.businessexchange.mt cannot therefore accept any liability for the truthfulness, completeness and accuracy of the information.

6. Copyright, usage rights

The copyright, protection and other rights of the users remain entirely with the respective rights holder and must be asserted by them if required or necessary. The providers of www.businessexchange.mt are not permitted to participate in the associated legal disputes.

7. Access authorization

www.businessexchange.mt  is entitled to publish advertisements and reject forwarding of expressions of interest that do not comply with the general terms and conditions of the company exchange. www.businessexchange.mt is entitled to refuse to issue user names and passwords and to prevent access to www.businessexchange.mt without notice and without further explanation or giving reasons if there are reasons that run counter to the purpose of the company exchange or endanger it or in the event of any illegality or other misuse. www.businessexchange.mt further reserves the right to additionally check individual advertisements or expressions of interest for demonstrably false information by requesting further information evidencing such advertisement or expression of interest and, if necessary, to block it.

The advertisement can only be placed by the entrepreneur himself or, in the case of a legal entity, by the owner or partner. Publication by a third party (e.g., financial advisor) must be accompanied by a corresponding written authorization to third-party or, where not supplied, www.businessexchange.mt reserves the right to request such authorization or engagement letter.

8. Confidentiality

The information obtained via www.businessexchange.mt may only be used in connection with the mediation of company succession.

9. Exemption

To the extent permitted by law, users provide www.businessexchange.mt indemnification from all claims made by third parties against www.businessexchange.mt due to violation of their rights through posted advertisements and content. This indemnity also extends to the reimbursement of necessary legal representation, including all court costs.

10. Jurisdiction and applicable law

The place of jurisdiction for all disputes arising from this user relationship is Malta, as far as legally permissible. The legal relationships between www.businessexchange.mt and the users are governed by the laws of Malta.

11. Severability clause

If any provision of these General Terms and Conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes closest to the meaning and purpose of the invalid provision in a legally effective and economic manner.