Dynamis' Terms & Conditions

Welcome to FranchiseAVendre.fr. This Website is owned and operated by Dynamis Ltd. If You are based in a country listed in Part 4 of these Terms, then Dynamis APAC Pty Ltd is Your contracting entity for the purposes of these Terms. If You are based in a country which is not listed in Part 4 of these Terms, then Dynamis Ltd is Your contracting entity for the purposes of these Terms.

These Terms (as defined below) are important so please read them carefully.

Part 1 will always apply when You use this Website. If you want to use our Franchise Advertising Services, you will be bound under separate terms which you will be given when you agree to advertise your franchise. If you want to use our Other Advertising Services, other Parts of these Terms will apply.

Part 2 will apply where You wish to use the Buyer Services.

Part 3 additional terms for other advertising services.

Part 4 sets out the countries for which Dynamis APAC Pty Ltd are responsible.

If You do not agree to these Terms please do not use this Website or the Services.

Dynamis reserves the right to change these Terms at any time and You should print a copy of these Terms for Your records. You should check back regularly to see if they have changed as they will be effective from the next time that You access this Website or the Services and Your continued use of this Websites and the Services shall indicate Your acceptance of any change. Dynamis will make every effort to communicate these changes to You by notification on this Website or by email.

PART 1: GENERAL

  1. 1 DEFINITIONS AND INTERPRETATION

  2. The following definitions and rules of interpretation apply in these Terms.
  3. 1.1 Definitions:

  4. Buyer:

    an individual acting in a commercial capacity or the company or trading entity on behalf of which an individual uses the Buyer Services.

    Buyer Services:

    the services available on this Website if users are interested in purchasing a franchise, which are more particularly described on the sections of this Website related to "Buyers".

    Content:

    any text, advertisement, images, graphics, sounds, videos, films, logos, information or other materials.

    Data Controller:

    means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

    Data Processor:

    means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

    Data Protection Legislation:

    means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.

    Data Subject:

    means an individual who is the subject of Personal Data.

    Dynamis:

    Dynamis Ltd and/or Dynamis APAC Pty Ltd.

    Dynamis APAC Pty Ltd:

    Dynamis APAC Pty Ltd, a wholly owned subsidiary company of Dynamis Ltd, is registered in Australia. Address: Angel Place, Level 17, 123 Pitt St, Sydney NSW 2000, Australia. ABN: 68 167 647 850. All customers based in the Asia Pacific (APAC) region are looked after by Dynamis' Australian office. See the full list of APAC countries in Part 4 below.

    Dynamis Ltd:

    Dynamis Ltd is registered in England. Address: Dynamis House, Sycamore Street, London, EC1Y 0SW. Our company number is 03788210 and VAT number is 747791385.

    Franchise Advertising Services

    the advertising services available to franchise and business opportunities. For more information about these click here www.franchiseavendre.fr/promouvoir-votre-franchise

    IPR:

    any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

    Other Advertising Services:

    the advertising services available on this website if you are not a buyer, Broker, seller or other intermediary. This includes, but is not limited to, all banner advertising found throughout this Website and ad hoc third party email campaigns.

    Personal Data:

    has the meaning set out in the Data Protection Data Protection Legislation.

    Services:

    the Buyer Services, Other Advertising Services or any other services made available to You through this Website.

    Terms:

    these terms and conditions of use.

    Website:

    franchiseavendre.fr, franchisesales.com and all its subdomains.

    You or Your:

    (as appropriate) a Buyer, a Seller, a Broker or other individual acting in a commercial capacity who accepts these Terms or the company or trading entity on behalf of which an individual accepts these Terms.

  5. 1.2 Clause headings shall not affect the interpretation of these Terms. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
  6. 1.3 A reference to: (a) a company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and (b) a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
  7. 1.4 Unless the context otherwise requires: (a) words in the singular shall include the plural and in the plural, shall include the singular; (b) a reference to one gender shall include a reference to the other gender; and (c) the words "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.

  8. 2 PURPOSE OF THE WEBSITE

  9. 2.1 This Website enables advertisements of the sale of entire franchise and business opportunities. Dynamis is dependent on the owners of franchise and business opportunities advertised on this Website to provide information about their opportunity.
  10. 2.2 You should carry out your own investigations into franchise and business opportunities advertised on this Website. Dynamis does not conduct any investigations or due diligence into any parties advertising on this Website and the inclusion of any franchise and business opportunity is not a recommendation from Dynamis about that franchise and business opportunity.
  11. 2.3 Dynamis can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by You based on any information, opinions or advice contained within this Website.
  12. 2.4 Through the use of the Services and the Website, You agree that any content placed by You or other members of your organisation on Your behalf on our Website can also be displayed on other online portals that have co-branding relationships with Dynamis. In addition, this content may be reproduced for inclusion in, and is not limited to, magazines, newspapers, trade press and marketing collateral / handouts. This will always be done with the aim of increasing prospective buyer views and enquiries. These channels are collectively known as “Partners”.

  13. 3 YOUR OBLIGATIONS

  14. 3.1 When using this Website, You agree not to:
    1. (a) attempt to undermine the security or integrity of this Website, or Dynamis' computing systems or networks. Dynamis will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them;
    2. (b) use, or misuse, this Website in any way which may impair the functionality of this Website, or impair the ability of any other user to use this Website;
    3. (c) attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which this Website is hosted;
    4. (d) transmit, or input into this Website, any files or data that may damage any other person's computing devices or software, any Content that may be offensive or in violation of any law (including data or other material which You do not have the right to use);
    5. (e) create links to this Website unless Dynamis gives You prior written consent or as otherwise set out in these Terms;
    6. (f) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate this Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
    7. (g) impersonate any other person while using this Website;
    8. (h) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using this Website; or
    9. (i) use this Website for any unlawful purpose.

  15. 4 PERSONAL DATA

  16. 4.1 We collect, store and use personal information collected from visitors to this website. Please read our Privacy Policy for details of how we collect and use your Personal Data as well as your access and correction rights to any data we hold about you.
  17. 4.2 In delivering the Services in connection with these terms Dynamis shall comply with all applicable requirements under the Data Protection Legislation.
  18. 4.3 For the purposes of the Data Protection Legislation, in most cases You are the Data Subject, Dynamis is the Data Controller and any other sub-contractor, or third party engaged in the performance of the Services to You are the Data Processors.
  19. 4.4 We shall, in relation to any Personal Data used in connection with the performance by us of our obligations:
    1. (a) collect, store and use the data in accordance with Our Privacy Policy which is displayed on the Website;
    2. (b) maintain complete and accurate records and information to demonstrate its compliance with the Data Protection Legislation; and
    3. (c) notify You without undue delay on becoming aware of a Personal Data breach relating to Your Personal Data.
  20. 4.8 You consent to Dynamis appointing third-party processors of Personal Data and Dynamis shall enter any third-party processor into a written agreement, incorporating terms reflecting those set out in this clause.

  21. 5 DISCLAIMER

  22. 5.1 The provision of, access to, and use of, this Website is on an "as is" basis.
  23. 5.2 It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
  24. 5.3 You are responsible for Your use of the Services and for ensuring that such use is compliant with applicable law.
  25. 5.4 Dynamis does not warrant or represent that any particular results or outcomes will be achieved through use of the Services.
  26. 5.5 Dynamis will use reasonable endeavours to make this Website and Services available at all times but does not warrant or guarantee that this Website or Services will always be available or that they will be uninterrupted or error free.
  27. 5.6 Dynamis uses industry standard security processes and procedures to protect this Website against viruses, worms, Trojan horses, malware and other disabling devices but Dynamis cannot guarantee that this Website will be free from the same or totally secure.
  28. 5.7 Dynamis shall have no liability for any errors, omissions, inaccuracies or misleading statements or representations in any Content or instructions provided to Dynamis in connection with the Services, or any actions taken by Dynamis at Your direction.
  29. 5.8 All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of satisfactory quality, fitness for purpose and title.
  30. 6 LINKING AND COOKIES
  31. 6.1 Where this Website is linked to any website operated by any third party Dynamis accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such third party website. The presence of a link on this Website shall not be deemed to be a recommendation or endorsement of such third party website by Dynamis. Your dealings with third party websites are solely between You and the applicable third party and You should read their terms and conditions and policies before using them.
  32. 6.2 You may create Your own reference to this Website, provided that Your reference is in a text-only format. You may not use any link to this Website as a method of creating an unauthorised association between an organisation, business, person, event, goods or services and any of the Dynamis companies (including, for the avoidance of doubt, www.franchiseavendre.fr), and agree that no such link shall portray Dynamis or any Dynamis company (or Dynamis or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. Dynamis reserves the right to withdraw permission to use links to this Website at any time.
  33. 6.3 FranchiseAVendre.fr uses cookies. Please read our Cookie Policy and Privacy Policy for further details.
  34. 7 INTELLECTUAL PROPERTY RIGHTS
  35. 7.1 All IPR contained in and pertaining to this Website, including any trademarks used on this Website, copyright in any Content and rights in any data contained on this Website are owned by or licensed to Dynamis. You are not given any right to use any IPR contained in or pertaining to this Website otherwise than as expressly permitted in these Terms or by law. Any transfer, sale, distribution, reproduction, copying or modification of any material contained on this Website (in whole or in part) is strictly prohibited other than with the prior written consent of Dynamis.
  36. 7.2 You agree that Dynamis is free to use any comments, information or ideas contained in any communication You may send to us without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Website, products or services.
  37. 8 INFRINGEMENT AND INDEMNITY
  38. 8.1 Dynamis will not be responsible or liable to You for the Content or accuracy of any material uploaded or posted by any other user of this Website.
  39. 8.2 You hereby agree to indemnify Dynamis (who shall have no duty to mitigate its loss) in full and on demand and keep it so indemnified against all claims, demands, actions, proceedings and all direct and indirect damages, losses, costs and expenses (including without limitation legal and other professional advisers' fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss made against or incurred or suffered by Dynamis and whether wholly or in part resulting directly or indirectly from any claim that the Content of any material uploaded or posted onto this Website infringes the IPR of any third party.
  40. 8.3 If You believe that the Content of any material uploaded or posted onto this Website infringes Your IPR, please notify Dynamis at the address stated above.
  41. 9 LIABILITY
  42. 9.1 This Clause 9 sets out the entire liability of Dynamis under or in connection with these Terms including any liability for the acts or omissions of its employees, agents and sub-contractors and in respect of:
    1. (a) any breach of these Terms;
    2. (b) any use made by the You of the Services and Website; and
    3. (c) any representation, statement or tortious act or omission (including negligence).
  43. 9.2 Nothing in these Terms excludes either party's liability for:
    1. (a) death or personal injury caused by their negligence; or
    2. (b) fraud or fraudulent misrepresentation; or
    3. (c) any liability which cannot be legally excluded or limited.
  44. 9.3 Subject to Clauses 9.2, 9.4 and 9.5, the total liability of Dynamis in any 12 month period arising out of, or in connection with these Terms whether for negligence or breach of contract or howsoever arising shall in no event exceed the total Subscription Fees paid by You during the 12 month period immediately preceding the event giving rise to the claim.
  45. 9.4 Dynamis will not be responsible to You for any business losses that You may incur, including but not limited to, loss of data, loss of profits, loss of goodwill, pure economic loss, corruption of data or information or business interruption.
  46. 9.5 Neither party will be liable for any indirect or consequential losses arising out of or in connection with these Terms.
  48. 10 BARRING FROM THIS WEBSITE
  49. 10.1 Dynamis reserves the right to bar You from this Website and/or restrict or disable Your access or use of any or all elements of Dynamis' services, on a permanent or temporary basis at Dynamis' sole discretion.
  50. 11 GENERAL
  51. 11.1 Language: These Terms and all communications between us will be in English.
  52. 11.2 Rights and Remedies: Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
  53. 11.3 Conflict: If there is an inconsistency between any of the provisions in these Terms and any relevant section of this Website, the provisions in these Terms shall prevail.
  54. 11.4 Entire Agreement: These Terms, and any documents or sections of this Website referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.
  55. 11.5 Waiver and Variation: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
  56. 11.6 Events Beyond Our Reasonable Control: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control (including failure of the internet, and failure of sub-contractors and/or suppliers). This clause does not apply to any obligation to pay money.
  57. 11.7 No Assignment: You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
  58. 11.8 Rights of Third Parties: No person who is not a party to these Terms shall have the right, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights granted or benefits enjoyed under these Terms.
  59. 11.9 Severability: If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
  60. 11.10 Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Dynamis must be sent to our customer services team at csATdynamis.co.uk or to any other email address notified by email by Dynamis. Notices to You will be sent to the email address provided when registering Your Account or sending Your enquiry.
  61. 11.11 No Partnership: Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other.
  62. 11.12 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, or if You are based in a country listed in Part 4 of these terms, in accordance with the laws of New South Wales and the Commonwealth of Australia.
  63. Each party irrevocably agrees that:
    1. (a) If you are based in a country listed in Part 4 of these Terms, the courts of New South Wales, Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of New South Wales.
    2. (b) If you are based in any other country, the courts of England and wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of England and Wales.

PART 2: ADDITIONAL TERMS FOR THE BUYER SERVICES

  1. 2 GENERAL
  2. 1.1 This Website enables advertisements of the sale of entire franchise and business opportunities and provides the ability for Buyers to contact Sellers. Dynamis is not regulated by the Financial Conduct Authority or any other regulatory body.
  3. 1.2 You should only contact a party advertising on this Website if You have a genuine interest in purchasing the franchise or business opportunity being offered, You should not contact any person for any other purpose such as offering Your or any third party's goods or services or otherwise seeking to solicit business in any way.
  4. 1.3 If You are contacted by a third party through Your use of this Website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way, You should contact Dynamis at the above address or email our customer services team at csATdynamis.co.uk forthwith setting out full details.
  5. 1.4 You hereby agree to indemnify Dynamis against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of Your use of this Website.

PART 3: OTHER ADVERTISING SERVICES

  1. 1 GENERAL
  2. 1.1 You warrant that the Content of the advertisements You place on this Website or copy you provide will be complete, true and accurate.
  3. 1.2 You hereby agree to indemnify Dynamis against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of Your use of this Website.
  4. 1.3 Dynamis reserves the right to refuse to upload/send and/or to remove any content if, in its reasonable opinion, consider such content to be improper, fraudulent, irrelevant to our audience or otherwise not bona fide.

PART 4: DYNAMIS APAC

The following countries in the Asia Pacific (APAC) region are facilitated from Dynamis APAC Pty Ltd in Australia.