Select Your Franchise Ltd
Terms & Conditions
Please read through the following terms and conditions (“Terms and Conditions”). If you agree to be bound by them, please close this window and proceed by clicking the "Find my franchise matches" button on the Select Your Franchise Home Page.
By clicking "Find my franchise matches" on the Select Your Franchise Home Page, you enter into a binding contract with us on the Terms and Conditions.
In the Terms and Conditions:
2.1 “Franchisee” means an individual or commercial entity who has registered on the Site for the purpose of being introduced to Franchisors;
2.2 “Franchisor” means a commercial entity who has registered on the Site to have Franchisees introduced to it;
2.3 “Lead” means the details of a Franchisee that we forward to a Franchisor and/or a Supplier as part of the Service;
2.4 “Registration” means the details that you provide when you register for the Service, including but not limited to the Selection Criteria;
2.5 “Selection Criteria” means the selection criteria that you provide to us during Registration;
2.6 “Service” means the introduction service hosted on the Site to introduce you to Franchisors and/or Suppliers;
2.7 "Site" means our presence on the internet, including but not limited to www.selectyourfranchise.com;
2.8 “Supplier” means a commercial entity not connected with us or the Service who offers goods and / or services through the Site;
2.9 "our", "we" and "us" mean Select Your Franchise Limited and, where applicable, its officers, employees and authorised agents; and
2.10 "you", "your" and “your business” include any business with which you are associated and on behalf of which you use the Site and the Service.
3 An international business service
3.1 The Service is directed at Franchisors, Franchisees and Suppliers throughout the world.
3.2 If you are acting on behalf of your business, you represent to us, to all Franchisors and to all Suppliers that all contacts made by you with Franchisors and Suppliers will be made for purposes integral to your business and will be within the scope of your authority to conclude contracts on behalf of your business.
4 Our obligations
4.1 We will permit you to access, use and interact with the Service subject to the Terms and Conditions.
4.2 As part of the Service we will forward your details to any Franchisors that we in our discretion consider to match the Selection Criteria that you include in your Registration.
4.3 We will offer to introduce you to any Suppliers that we in our discretion consider may be of interest to you.
4.4 We will:
4.4.1 exercise reasonable care in compiling the Service and the Site;
4.4.2 use reasonable efforts to make the Site available to you at all times;
5 Your obligations
5.1 You are responsible for ensuring the accuracy of the information that you provide to us, including but not limited to the Registration and the Selection Criteria.
5.2 You accept that we are not responsible for the accuracy, completeness or reliability of the information on the Site which has been provided by Franchisors or Suppliers.
6 Exclusions and limitations
6.1 We do not represent or warrant that access to the Service and the Site, or any part of it will be uninterrupted, reliable or fault free.
6.2 We do not represent or warrant to you that the Service and the Site or any of its contents will be accurate, complete or reliable.
6.3 We do not represent or warrant that:
6.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
6.3.2 any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
6.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence), which we may otherwise have to you as a result of:
6.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Service or the Site or any information on the Site;
6.4.2 the unavailability of the Service or the Site (or any part of it), goods or services;
6.4.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
6.4.4 any goods not being of merchantable quality or fit for their intended purpose; or
6.4.5 any misrepresentation on or relating to the Service or the Site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
6.5 Our maximum liability to you in respect of your use of the Service and the Site or any services we provide or make available to your through or in relation to the Service and the Site will be the re-supply of the Service and the Site to you. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
6.6 You agree that each of these limitations is reasonable having regard to the nature of the Service and the Site and in particular given that when you purchase information, goods or services from a Supplier or a Franchisor you will enter into a separate contract with the Supplier in each case.
6.7 None of the exclusions or limitations in this clause 6 shall exclude or restrict our liability for death or personal injury caused by our negligence.
6.8 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of the Service and the Site to you.
6.9 Each of the above exclusions or limitations shall be construed as a separate, and severable provision of the Terms and Conditions.
Links to other sites
Certain links, including hypertext links, in the Site will take you outside the Site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside the Site.
8.1 We may terminate your use of the Service immediately if you are in material breach of any of the Terms and Conditions. You may terminate your use of the Service at any time on giving written notice to us.
8.2 Any rights that you have accrued to either party at the date of termination will remain enforceable after termination.
9.1 Third party rights
Where in these Terms and Conditions representations and warranties are made to us and to suppliers of goods and services through the Site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
9.2 Variations We reserve the right at any time without notice to revise the content of the Site (including the services offered by us) and the Terms and Conditions. Any changes to the Terms and Conditions will be posted on the Site and by continuing to use the Site following any such change you will signify that you agree to be bound by the revised terms and conditions.
9.3 Taxes We have made every effort to make clear whether the quoted prices for goods and services available through the Site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
9.5 Testimonials You agree that we may use in our marketing and/or promotional materials, including but not limited to the Site, any written testimonials that you provide.
9.6 Copyright All rights in the design, text, graphics and other material on the Site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of the Site solely in connection with the acquisition of goods or services through the Site. Any other use of materials on the Site (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.
9.7 Trademarks We are the proprietor of the Select Your Franchise trademark in the UK and other countries. All other trade marks, product names and company names or logos used in the Site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
9.8 Access We reserve the right in our sole discretion to deny users access to the Service or any part of the Site without notice and to decline to provide the Service to any user that is in breach of the Terms and Conditions.
9.9 Events beyond our control We shall not be liable to you for any breach of the Terms and Conditions or any failure to provide or delay in providing our services through the Site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
9.10 Applicable law and jurisdiction The Terms and Conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.
9.11 Unenforceability The enforceability or otherwise of any provisions of the Terms and Conditions shall not affect the enforceability of the rest of the Terms and Conditions.
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