Terms and Conditions

We, Interactive Franchise Marketing Limited, a company incorporated under the Companies Act in Scotland , having its registered office at 144 West Regent St , Glasgow (Company No. SC176938) trading as whichfranchise (“WF”) provide this website whichfranchise.net.au (the “Website”) subject to your compliance with these Terms and Conditions of Use below as well as the Privacy Policy referred to in Clause 9 hereof. By accessing and using this Website you (the user of this Website) agree to be bound by the terms and conditions contained in these Terms and Conditions of Use. If you do not agree to be bound by these Terms and Conditions of Use, you should not access or use this Website.

WF reserve the right to change and/or modify these Terms and Conditions of Use at any time. WF will do so by posting revised Terms and Conditions of Use on this Website. The date of the version of these Terms and Conditions of Use is stated at the top of the page. Please review the Terms and Conditions of Use periodically. Your continued use of this Website following the posting of changes or modifications to these Terms and Conditions of Use will mean you accept those changes. WF recommend that you print a copy of these Terms and Conditions of Use for your records and reference.

Copyright in the materials on the Website as well as its layout, organisation and design belongs to WF and is protected by UK and Worldwide copyright, trade secret (for password protected areas) and trade mark law as well as by other national and international laws and regulations. Material from this Website (“Materials”) may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without the prior written consent of WF (except that you may display on your computer, download and print the contents of the Website strictly for your personal or educational, non-commercial internal use provided that you attribute ownership of such content to WF). Modification or use of Materials for any other purpose violates copyright, trademark and other laws. Except as otherwise described, all Materials on this Website are made available only to provide information. Neither title nor intellectual property rights are transferred to you by your use or download of Materials from this Website which remain with WF who own or have license to use all Materials on the Website. WF makes no representation that any Materials are appropriate or available for use in any location. If you use the Website you are responsible for compliance with applicable national and local laws and regulations.

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not WF, are responsible for all electronic communications and content sent from your computer to WF and you must use the Website for lawful purposes only. Without prejudice to the foregoing generality you must not use the Website for any of the following:-for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, WF or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, immoral, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” · to cause annoyance, inconvenience or unnecessary anxiety

All remarks, suggestions, ideas, graphics, data, questions or other information communicated to WF through the Website or through electronic mail (a “Submission”) shall belong to and be owned by WF who will not require to treat any Submission as confidential or proprietary and will not be liable to you or any third party for the use of any submission or any ideas resulting from it for its business (including without limitation, product or advertising ideas) and will not incur any liability to you or any third party as a result of any similarities that may appear in future WF Website or other operation. Without limitation, WF will have exclusive ownership of all present and future existing rights to a Submission of any kind and nature everywhere. WF will be entitled to use a Submission for any commercial or other purpose whatsoever, without compensation to you or any third party. You acknowledge that you are responsible for whatever content or material you submit, and you, not WF, have full responsibility for its legality, reliability, appropriateness, originality and copyright.

You acknowledge and agree that you are using the Website at your own risk and liability. WF does not guarantee that the operation of the Website will be uninterrupted or error-free, that any defects or errors in the Website or its content will be corrected, or that the Website will be free from virus or other harmful components. WF is not responsible or liable for the suitability, accuracy, validity or reliability of the Website for any purpose.

By visiting the Website, you agree to the maximum extent permitted by law that, in no event shall WF or its shareholders, directors, officers, employees or agents whomsoever be liable for any loss or damages based on claims arising out of or in any way connected with the use of the Website, whether such loss, damages are direct, indirect, punitive, incidental, special or consequential, and even if WF has been advised of the possibility of such loss or damages or ought to have known of the possibility of such damages.

For your convenience, the Website may contain information about other companies and their business opportunities (“Other Company’s Information”) as well as links to other websites which are not operated or controlled by WF (“Other Sites”) that may be of interest to you. WF assumes no responsibility for the Other Company’s or for Other Sites, their business, goods, services or content (including content obtained through links on the Other Sites) and your use of “Other Company’s Information” or the Other Sites is at your own risk. WF reserves the right to terminate any link or linking program at any time. The inclusion of any link to the Other Sites does not constitute or imply an endorsement, authorisation, sponsorship or affiliation by WF of the Other Sites, or any products or services contained on or provided by such Other Sites.

WF collects, uses and discloses personal information in accordance with its Privacy Policy which forms part of these Terms and Conditions of Use. Please carefully review the Privacy Policy.

Nothing contained herein shall be construed as conferring, by implication or otherwise, any license or right in respect of any trade-mark or other intellectual property right of WF or any other party. WF name and logos displayed throughout the Website and all related products and service names are the trade-names, trade-marks, service marks or registered or unregistered trade-marks of WF and belong to or are licensed to WF. Any reproduction of any of these marks, names or logos without the express written consent of WF is strictly prohibited. All other trade-marks on the Website are the property of their respective trade-mark owners.

The Website may contain materials posted by third parties. If you believe that any materials on the Website infringe any copyright or other intellectual property interest, please provide WF promptly with the following information:-

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the Website:

(d) your address, telephone number and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

(f) a statement that your notice is accurate and, if applicable, that you are the copyright or other intellectual property owner or are authorized to act on the copyright or other intellectual property owner’s behalf.

None of the content or communications made through this Website should be construed as an offer by WF to sell any franchise.

If you breach any of these Terms and Conditions of Use, you may no longer use the Website. WF may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorised to access the Website or if determined by WF, the part of the Website affected by such cancellation or termination. In such event, the restrictions which these Terms and Conditions of Use impose on you with respect to the Website shall still apply. WF is not liable to you or any party for such damages arising from such a termination.

These Terms and Conditions of Use, including the terms of the Privacy Policy, constitute the entire agreement (this “Agreement”) between you and WF relating to your access and use of the Website. WF’s failure to insist upon strict performance of any provision of this Agreement does not mean that WF waives any of its rights under this Agreement. If a court determines that any of the provisions contained in this Agreement are void, invalid or unenforceable, such determination will not affect the validity and enforceability of the rest of this Agreement.

WF will not be held responsible for any delay or failure to comply with their obligations under these conditions if the delay or failure arises from any cause which is beyond their reasonable control. This condition does not affect your statutory rights.

This Agreement is governed by and is to be interpreted in accordance with the law of Scotland.

If you have any questions about these Terms and Conditions of Use or our Privacy Policy, please contact us by sending an email [email protected]

WF shares your concerns about maintaining the privacy of personal information collected on the Worldwide web known as the internet. The following Privacy Policy discloses the information gathering and dissemination practices of WF in connection with the Website. Use of the Website constitutes consent to WF for the collection and use of personal data as outlined therein.

(a) Collection of Personal Information from Site Users :- ; Cookies. WF may collect and/or track (1) the home server domain names, email addresses, type of computer, and type of Web browser of users to the Website, (2) the email addresses of users that communicate with WF or the Website via e-mail, (3) information knowingly provided by the user in online forms, registration forms, surveys, etc, (including name, address, e-mail and other personal profile data) and (4) aggregate and user-specific information on which pages users access.

WF may place internet “cookies” on users’ hard drives. Internet cookies save data about individual users, such as the user’s name, password, user-name, screen preferences, the pages of a site viewed by the user, and the advertisements viewed or clicked by the user. When the user revisits the Website, WF may recognize the visitor by the internet cookie and customize the user’s experience accordingly. Users may decline internet cookies, if any, by using the appropriate feature of their Web software, if available. However, declining to use cookies may impede the ability of the Website to function properly.

When a user performs a search within the Website, WF may record information identifying the user or linking the user to the search performed. WF may also record limited information associated with every search request made by the user and use that information to, among other things, solve technical problems with the service and to calculate overall usage statistics.

(b) Use of Personal Data Collected. WF may use the personal data it collects for internal purposes, namely, for solving technical problems, calculating overall usage statistics, for internal marketing and promotional purposes, product development, and content improvement. WF will not disclose to third parties any individually identifying information, such as names, postal and e-mail addresses, telephone numbers, and other personal information which users voluntarily provide to WF, except to the extent necessary to comply with applicable laws or legal processes or to protect the rights of property of WF. WF will co-operate with law enforcement authorities.

(c) Security Measures. WF may implement security features to prevent the unauthorized release of or access to personal information. Please note, however, that WF cannot guarantee the confidentiality of any communication or material transmitted to/from WF via the Website or e-mail. Accordingly, WF is not responsible for the security of information transmitted via the internet. For more private communication, users can contact WF by telephone at the telephone numbers provided on the Website.

(d) Opt-Out Right. Users may at any time opt out of having their personal information used by WF to send promotional correspondence to the user, by contacting WF via e-mail, telephone or post at the address(es) below:

(e) Access to and Ability to Correct Personal Data. Upon request via postal mail, e-mail or telephone, WF will provide to users a summary of any personally identifiable information retained by it regarding the user. Users may modify, correct, change or update personally identifiable information that WF has collected by the Website or may cause their personal record to be removed from WF’s database by contacting WF by post, e-mail or the telephone number indicated in paragraph (d) above.

(f) WF reserves the right to contact users of the Website regarding changes to the Terms and Conditions of Use generally, this Privacy Policy specifically, or any other policies or agreements relevant to web site users.