Franchiseek Advertising Terms
Please find below the terms and conditions of advertising your Franchise Opportunity with Franchiseek.
BACKGROUND: These Terms of Sale set out the terms under which Paid Ads are sold by Us to customers through this website, www.franchise-uk.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing and submitting a Paid Ad. You will be required to read and accept these Terms of Sale when completing your purchase. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase and submit a Paid Ad to Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
- Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Advertiser”||means a User that posts a Paid Ad on Our Site;|
|“Ad Confirmation”||means Our acceptance and confirmation of your purchase of a Paid Ad;|
|“Ad ID”||means the reference number for your Paid Ad;|
|“Contract”||means a contract for the purchase of a Paid Ad, as explained in Clause 6;|
|“Paid Ad”||means a premium advertisement posted on Our Site by an Advertiser, in exchange for a fee, providing details of the Franchiseek advertising service offered by the Advertiser;|
|“User”||means a user of Our Site; and|
|“We/Us/Our”||means Infinity Business Growth Network Ltd t/a Franchiseek, a company registered in England under 9073436, whose registered & trading address is Amelia House, Crescent Road, Worthing, England, BN11 1QR|
- Information About Us
1.1 Our Site is owned and operated by Infinity Business Growth Network Limited, a limited company registered in England under 9073436, whose registered address is Amelia House, Crescent Road, Worthing, England, BN11 1QR. Our VAT number is 252 9974 63
- Access to and Use of Our Site
- Business and Consumer Customers
1.1 These Terms of Sale apply to both business and consumer customers. 1.2 If you are a business customer, these Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Paid Ads from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
- Paid Ads, Pricing and Availability
1.1 We may from time to time change Our pricing. Changes in price will not affect any Paid Ad that you have already purchased but may apply to any subsequent renewal of a Paid Ad or a new Paid Ad. We will inform you of any change in price before renewal. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 12.1. 1.2 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Paid Ad that you have already placed (please note sub-Clause 5.5 regarding VAT, however). 1.3 All prices are checked by Us before We accept your order for a Paid Ad. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Paid Ad at the correct price or to cancel your order. We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing. 1.4 If We discover an error in the price of your Paid Ad after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4. 1.5 Prices on Our Site are shown are exclusive of VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- Orders – How Contracts Are Formed
1.1 Placing a Paid As on Our Site can be purchased by email. Before confirming your order, please ensure that you have checked your order carefully before submitting it via email. 1.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the completion of the transaction or in the appearance of your Paid Ad on Our Site that results from you providing incorrect or incomplete information. 1.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Paid Ad constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Ad Confirmation by email. Only once We have sent you an Ad Confirmation will there be a legally binding Contract between Us and you. 1.4 Ad Confirmations will be sent by email and shall contain the following information: 4.a.1 Your Ad package; 4.a.2 Confirmation of the Paid Ad purchased including full details of the main characteristics of Our services and the details included in your Paid Ad; 4.a.3 Fully itemised pricing for your Paid Ad including, where appropriate, taxes, and other additional charges; 4.a.4 The period of time for which your Paid Ad will be available on Our Site . 1.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you. 1.6 Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. 1.7 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Paid Ad.
1.1 Payment for Paid Ads must always be made in advance by BACS, credit card or Paypal. 1.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law). 1.3 We accept the following methods of payment on Our Site: 3.a.1 BACS, credit card, Paypal. 1.4 If you do not make any payment due to Us on time, We will not make your Paid Ad available on Our Site or, in the case of a renewal, will suspend its availability on Our Site. If you do not make payment within 7 days from our reminder, We may cancel the Contract, and will inform you of the cancellation in writing. 1.5 If you believe that We have charged you an incorrect amount, please contact us as soon as reasonably possible to let Us know.
- Paid Ads
1.1 You agree that you will be solely responsible for your Paid Ad and its content. We accept no responsibility for the content of Paid Ads. Specifically, you agree, represent, and warrant that you have the right to submit the Paid Ad, that all the information in the Paid Ad is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Paid Ad will comply with Our Acceptable Usage Policy, detailed below in Clause 9. 1.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such a breach. 1.3 You (or your licensors, as appropriate) retain ownership of the content of your Paid Ad and all intellectual property rights subsisting therein. By submitting a Paid Ad, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Paid Ad for the purposes of operating and promoting Our Site. 1.4 Your Paid Ad will be made available on Our Site immediately once paid in full by BACS and the draft Paid Ad is agreed by You. 1.5 In some limited circumstances, We may need to suspend the availability of Paid Ads for reasons including, but not limited to, fixing technical problems on Our Site. If your Paid Ad is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. 1.6 If you wish to remove your Paid Ad from Our Site, you may do so by confirming in writing. Removing a Paid Ad also revokes the licence granted to Us to use that Paid Ad under sub-Clause 8.3. Please note, however, that caching or references to your Paid Ad may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control). Removing a Paid Ad before its expiry under this sub-Clause 8.6 will not entitle you to any refund, as per sub-Clause 11.1, and you will remain free to reactivate your Paid Ad up until the expiry date. For details of other cancellation rights, please refer to Clauses 11 and 12. 1.7 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Paid Ads. Any such opinions, views, or values are those of the relevant Advertiser, and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, Paid Ads, and We accept no responsibility for any actions taken, or for any products or services provided by, any Advertiser.
- Acceptable Usage Policy
1.1 When submitting a Paid Ad, you must not submit or otherwise do anything that: 1.a.1 is sexually explicit; 1.a.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory; 1.a.3 promotes violence; 1.a.4 promotes or assists in any form of unlawful activity; 1.a.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age; 1.a.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; 1.a.7 is calculated or is otherwise likely to deceive; 1.a.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to; 1.a.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.1); 1.a.10 implies any form of affiliation with Us where none exists; 1.a.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trade marks, and database rights) of any other party; or 1.a.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 1.2 We reserve the right to suspend or terminate your Paid Ad and your access to Our Site if you materially breach the provisions of this Clause 9. No refunds will be given in the event of such suspension or termination. In addition, We may take one or more of the following actions: 2.a.1 issue you with a written warning; 2.a.2 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; 2.a.3 take further legal action against you as appropriate; 2.a.4 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or 2.a.5 any other actions which We deem reasonably appropriate (and lawful). 1.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Sale.
- Ending the Contract
1.1 You may cancel the Contract and remove your Paid Ad at any time, however subject to sub-Clause 11.2 and Clause 12 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will remain free to reactivate your Paid Ad up until the renewal or expiry date, as applicable,whereupon the Contract will end. 1.2 Please note that a Paid Ad will not be eligible for a 14-day cancellation or “cooling-off” period as Our service (i.e. the hosting of your Paid Ad) begins immediately upon the formation of the Contract. You will be accepting this by placing an Paid Ad order.
- Our Liability
1.1 As a business, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
- Events Outside of Our Control (Force Majeure)
1.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. 1.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale: 2.a.1 We will inform you as soon as is reasonably possible; 2.a.2 We will take all reasonable steps to minimise the delay; 2.a.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly; 2.a.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
- Contacting Us
1.1 If you wish to contact Us with general questions or complaints, you may contact Us using the contact form on the website1.2 For matters relating to Paid Ads, please contact us by using the contact form on the website
- Complaints and Feedback
1.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. 1.2 If you wish to give Us feedback on any aspect of your dealings with Us, please contact us using the contact form on the website
- How We Use Your Personal Information (Data Protection)
- Other Important Terms
1.1 We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them. 1.2 You may not transfer (assign) your obligations and rights hereunder without Our express written permission. 1.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. 1.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable. 1.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision. 1.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Paid Ad, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).
- Law and Jurisdiction
1.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law. As a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.