The
Franchise Success
Formula

"Profitable Franchising Without The Pain"

Terms and conditions

Effective Date: 1st November 2012

1.

Introduction

1.1 This website is owned and operated by John Field trading as

www.TheFranchiseSuccessFormula.com. Our trading address is 1 Holywell, East

Coker, Yeovil, Somerset, BA22 9NF, UK. Our other contact details are specified on

our website.

Please read these terms and conditions carefully. They cancel and replace any

previous versions. By registering on or using this website you agree to be bound by

these terms and conditions. They apply to our Service (as defined below) including

supply of ebooks. However, supply of CDs and DVDs is subject to separate terms and

conditions.

1.2

Definitions

Capitalised terms have the following meanings in these terms and conditions:

2.1.1 "Service" means both our website and our related software and services

including eBooks.

2.1.2 "User" means a person who uses our Service (whether or not registered with

us).

2.1.3 "User Content" means all information of whatever kind" (including forum

posts) published or sent by Users on or in connection with our Service.

2.

2.1

3.

3.1

Changes to the terms and conditions

We may change these terms and conditions by posting the revised version on our

website for a reasonable period before they become effective. Please check our

website from time to time. You will be bound by the revised agreement if you

continue to use our Service following the effective date shown.

4.

4.1

Use of our Service

We grant Users a limited personal right to use our Service subject to these terms and

conditions.

4.2

You are not eligible for, and must not use or register on, our Service if you are below

the legal age to form a binding contract with us (unless you have the consent of your

parent / guardian) or if display of or access to the material contained on this Service is

illegal under the laws (if applicable) of the country from which you are accessing the

Service (eg because the country does not permit such a Service or display of or access

to such material at all or because you are under the relevant age limit in that country).

4.3

You are responsible for your User Content. User Content must comply with all

applicable laws, regulations and codes of conduct and must not infringe any third

party intellectual property or other rights. User Content must not be defamatory,

offensive, vulgar, racist, abusive, invasive of another's privacy or similarly

inappropriate.

4.4

We reserve the right (but do not undertake) to reject, suspend, alter, remove or delete

User Content or to disclose to the relevant authorities any User Content if it breaches

our terms and conditions or it is necessary to protect us or others or where we have

reasonable grounds for believing that a criminal act has been committed or if we are

required to do so by law or appropriate authority, without notice. If so, you must not

attempt to re-publish or re-send the relevant User Content.

You acknowledge that in using the Service you may be exposed to offensive,

inaccurate or other objectionable User Content or behaviour. We do not endorse

4.5

or recommend any User Content and are not responsible for User Content. It is not

practical for us to check the identity of Users or to vet or monitor all User Content.

You should not assume that any User Content is accurate and be aware that a person

may not be who he or she claims to be. You must take appropriate steps to investigate

User Content if you intend to act on it.

4.6

Any content which we ourselves make available (such as the expression of our

views about franchising) is not intended as professional or other advice. We cannot

guarantee that it is accurate or up to date. Before acting on such information, you

must make your own appropriate enquiries including as to its accuracy and suitability

for your purposes and take appropriate professional or other advice. You rely on our

content at your own risk.

Your account is for your personal use only and is non-transferable. You must not

authorise or permit any other person to use your account. You must take reasonable

care to protect and keep confidential your password and other account or identity

information. You must notify us immediately of any apparent breach of security

such as loss, theft, misuse or unauthorised disclosure or use of a password. In such

case you should also immediately amend your password via our Service. You are

responsible for third parties who use your account or identity (unless and to the extent

that we are at fault).

4.7

You must ensure that all contact and payment information (eg email and postal

addresses, credit card numbers) which you provide us is accurate and not misleading

and that you will update it so that it remains so.

4.8

eBooks

Unless otherwise stated on our website, what we describe as an "eBook" is supplied

in pdf format and is not intended for use with an "eReader". You may store and view

it on any computer which is used only by you and you may transfer it onto other

machines which are used only by you. You may print a single copy for your personal

use.

5.

5.1

5.2

If we state on our website that our eBooks are in a form for use on eReaders, then it

will only be usable on the types of eReaders we specify and it may only be stored and

displayed on a single device used by a single user.

5.3

Except the extent expressly permitted above, you may not use, retrieve, display,

modify, copy, print, sell, distribute, download, hire, reverse engineer (unless

permitted by applicable law) or creative derivative works from our eBooks (in

whatever format).

Our eBooks cannot be returned, refunded or exchanged.

5.4

Payment for eBooks is in advance at the prices and by the payment methods specified

on our Service. Prices include VAT or other sales tax unless otherwise stated.

5.5

5.6

We may at any time change our prices. The new rate takes effect if you purchase a

new eBook after we post the new prices on our Service.

Functioning of our Service

We cannot guarantee that the Service will be uninterrupted or error-free.

6.

6.1

6.2

We are entitled to suspend the Service for repair, maintenance, improvement or other

technical reason.

Third party websites

7.

7.1

We may link to third party websites which may be of interest to you. We do not

recommend or endorse those sites or the products or services which they offer nor are

we legally responsible for them as they are outside our reasonable control. You use

such third party sites at your own risk.

8.

8.1

Intellectual property rights

All trade marks, logos, graphics, images, photographs, animation, videos, text and

software used on the website are our intellectual property or that of our partners /

suppliers. For the purposes of your personal use only, you may view our website on

your screen and print a single copy. You may not otherwise use, retrieve, display,

modify, copy, print, sell, distribute, download, hire, create, reverse engineer (unless

permitted by applicable law) or creative derivative works from such material without

our specific prior written consent.

8.2

If you publish any User Content on our Service, you grant us a worldwide, perpetual,

non-exclusive, transferable (with right to sub-licence), royalty-free licence to use,

copy, alter, display, sublicence and create derivative works from that User Content

in any media formats, including for the purpose of redistribution or promotion

of our Service. You waive your moral rights in relation to such User Content to

the extent legally permitted. You grant each User a worldwide, perpetual, non-

exclusive, royalty-free licence to use your User Content to the extent permitted by the

functionality of the Service and these terms and conditions.

Liability etc

Nothing in this agreement in any way limits or excludes our liability for negligence

causing death or personal injury or for fraudulent misrepresentation or for anything

which may not legally be excluded or limited.

9.

9.1

9.2

You must give us a reasonable opportunity to remedy any matter for which we are

potentially liable before you incur any costs remedying the matter yourself.

9.3

Very important: If you are a consumer (ie not acting in the course of a business), we

shall not be liable for any loss or damage caused by us or our employees or agents in

circumstances where:

9.3.1 there is no breach of a legal duty of care owed to you by us or by any of our

employees or agents;

9.3.2 such loss or damage is not a reasonably foreseeable result of any such breach;

9.3.3 such loss or damage is caused by you, for example by not complying with

this agreement; or

9.3.4 such loss or damage relates to a business.

Very important: If you are a consumer (ie not acting in the course of a business),

you will be liable for any reasonably foreseeable loss or damage we suffer arising

from your breach of this agreement or misuse of our Service (subject of course to our

obligation to mitigate any losses).

9.4

The following clauses apply only if you are a business:

9.5.1 To the extent allowed by law, you and we exclude all terms, whether

imposed by statute or by law or otherwise, that are not expressly stated in this

agreement.

9.5.2 Our liability of any kind (including our own negligence) with respect to our

Service for any one event or series of related events is limited to the total fees

payable by you in the 12 months before the event(s) complained of.

9.5.3 In no event (including our own negligence) will we be liable for any:

a)

economic losses (including, without limit, loss of revenues, profits,

contracts, business or anticipated savings);

b)

loss of goodwill or reputation;

9.5

9.5.4

9.5.5

c)

special, indirect or consequential losses; or

d)

damage to or loss of data

(even if we have been advised of the possibility of such losses).

You will indemnify us against all claims and liabilities directly or indirectly

related to your breach of this agreement.

This agreement constitutes the entire agreement between us with respect to its

subject matter and supercedes any previous communications or agreements

between us. We both acknowledge that there have been no misrepresentations

and that neither of us has relied on any pre-contractual statements. Liability

for misrepresentation (excluding fraudulent misrepresentation) relating to the

terms of this agreement is excluded.

10.

10.1

"Act of God"

Neither you nor we are liable for failure to perform or delay in performing any

obligation (excluding payment) under this agreement if the failure or delay is caused

by any circumstances beyond your or our reasonable control. If our Service is

unavailable for more than 14 days, you are entitled to cancel this agreement and

obtain a refund of any subscription payment made for the period that the Service was

unavailable.

11.

11.1

Transfer

We may transfer all or part of our rights or duties under this agreement provided

we take reasonable steps to ensure that your rights under this agreement are not

prejudiced. As this agreement is personal to you, you may not transfer any of your

rights or duties under it without our prior written consent.

12.

12.1

English law

These terms and conditions shall be governed by English law and any disputes will be

decided only by the courts of the United Kingdom.

General

We may send all notices under this agreement by email to the most recent email

address you have supplied to us (unless otherwise stated in this agreement). Headings

used in this agreement are for information and not binding. Any failure by either

party to exercise or enforce any right or provision of this agreement does not mean

this is a "waiver" (ie that it can't be enforced later). If any part of this agreement is

ineffective or unenforceable for any reason, then it will be replaced with a provision

which as far as possible achieves the same thing and the rest of the agreement shall

continue to apply. A person who is not a party to this agreement shall have no rights

under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this

agreement except insofar as expressly stated otherwise.

13.

13.1

Complaints

If you have any complaints, please contact us via the contact details shown on our

website or write to our address shown at the start of these terms and conditions.

14.

14.1

Online terms and conditions by internet lawyers Adlex solicitors

Version 1

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