"Profitable Franchising Without The Pain"
Effective Date: 1st November 2012
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
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
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
2.1.2 "User" means a person who uses our Service (whether or not registered with
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.
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.
Use of our Service
We grant Users a limited personal right to use our Service subject to these terms and
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).
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
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
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.
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).
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.
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
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.
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
Our eBooks cannot be returned, refunded or exchanged.
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.
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.
We are entitled to suspend the Service for repair, maintenance, improvement or other
Third party websites
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.
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.
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.
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.
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.
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
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).
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
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:
economic losses (including, without limit, loss of revenues, profits,
contracts, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential losses; or
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.
"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
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.
These terms and conditions shall be governed by English law and any disputes will be
decided only by the courts of the United Kingdom.
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.
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.
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