Terms and Conditions
Franchiseroute.co.uk is a website owned and operated by and is a trading style of Symbios Solutions Limited Symbios Group, 8 Barnes Wallis Rd, Segensworth East, Fareham ("Symbios Group", "us" or "we").
This website has been set up so that businesses, business ideas and/or franchises can be advertised for sale via the internet. By registering as a buyer or seller ("Buyer", "Seller", "User" or "you") if you wish to buy or sell businesses, business ideas and/or franchises via this website using the Services, you will agree to be bound by these Terms and Conditions and any additional Buyer's Terms and/or Seller's Terms. Before using this website you should carefully read the following terms and conditions which govern the use of and the services ("the Services") provided on this website. If you do not agree to these terms and conditions please do not use this website.
You should only contact a party advertising on this website if you have a genuine interest in purchasing the item 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.
The Services provided on the website enable Users, amongst other things to advertise and to make offers on businesses, business ideas and/or franchises. These terms and conditions, together with any additional terms and conditions specific to the Buyer and/or Seller constitute the entire agreement between Symbios Group and the User regarding its subject matter and supersede and replace any and all prior or other agreements between the parties regarding such subject matter and all other conditions whether expressed or implied at common law or by statute as are capable of lawful exclusion which are hereby excluded.
Symbios Group accepts no responsibility for any loss or damage you may suffer as a result of your use of this website unless that loss comes about as a result of some fraud or serious misconduct on the part of Symbios Group.
Symbios Group does not conduct any investigations or due diligence into any parties advertising on this website and 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 Users based on any information, opinions or advice contained within this website. In addition, any advertisements on the website do not constitute a binding offer so that acceptance by the user can bind the party advertising on the website or Symbios Group.
The Website and the Services are only for use by persons acting within their trade or business and may not be used by consumers. We will refer to any person offering to sell businesses, business, ideas and/or franchises through this website as a "Seller" and any person offering to buy the same as "Buyer" regardless of whether any contract of sale is concluded.
From time to time, Symbios Group collects, stores and uses personal information collected from visitors to this website. All processing of personal information is done in accordance with current UK Data Protection legislation. Please read Symbios Group' for details of Symbios Group' collection and use of personal data and your access and correction rights to any data held about you.
Users undertake that information concerning other users and their employees, contractors or agents, obtained through the website shall not be used for sending unsolicited commercial messages or for any other purpose other than in using the Services or use of the website. Users also agree that they will only use such information in accordance with applicable laws and regulations including without limitation data protection and privacy legislation.
Where this website is hypertext linked to any website operated by any third party Symbios Group accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such website. The presence of a hypertext link on our website shall not be deemed to be a recommendation or endorsement of such website by Symbios Group.
Intellectual Property Rights
All intellectual property rights contained on this website, including any trademarks used on the website and copyright in any material contained on the website or rights in any data are owned by or licensed to Symbios Group. To enable us to use information provided by Users, users grant us on registration a non-exclusive world wide perpetual irrevocable royalty-free sub-licensable licence to use the copyright, database rights and any other intellectual property rights the User has in any information provided in order that we can provide the Services. You are not given any right to use any intellectual property rights contained on the website otherwise than as expressly permitted by Symbios Group as communicated on the website. Any transfer, sale, distribution, reproduction, copying or modification of any material (in whole or in part) is strictly prohibited other than with the prior written consent of Symbios Group.
Symbios Group grants a limited, non-transferable licence to each User to access and make use of the website for the purposes of the User using the Services in accordance with these Terms and Conditions but not to download (other than page caching) or modify the website, or any portion of the website. This licence expressly excludes, without limitation: any resale or commercial use of the website and the Services; modifying, distributing, copying, republishing or making any derivative use of the website or the Services; the collection and use of other Users' e-mail addresses or other information or listing, or any data extraction or data mining whatsoever. Notwithstanding the provisions of this clause, the Users shall be entitled to download documents and forms including Notices to Buyers and/or Sellers and/or information advertised on the website for their own internal use. Users must not use the Symbios Group Site or Services in any way that causes, or is likely to cause, the Symbios Group Site or Services to be interrupted, damaged or impaired.
Users agree to comply with all applicable export or import control or related laws or regulations and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Symbios Group reserves the right to cancel any subscription at any time if it determines, in its absolute discretion, that the User's activities does or may violate applicable export or import control or related laws and regulations.
Users are responsible for all communications and content sent from their systems to Symbios Group or, where applicable, an Associated Auctioneer and must use the Symbios Group Site for lawful purposes only.
Users must not use the Symbios Group Site for any of the following:
- (a) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- (b) to send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of any law or third party rights; or is otherwise injurious to third parties; objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or spam;
- (c) to offer, sell or buy any items which are illegal or infringe any third party rights (including intellectual property rights); or
- (d) to cause annoyance, inconvenience or needless anxiety.
Symbios Group does not guarantee continuous, uninterrupted or secure access to the Symbios Group Site. The Symbios Group Site and Services are provided "as is" and "as and when available", and, to the extent permissible by law, Symbios Group excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Symbios Group may change, modify, amend, suspend or discontinue any aspect of the Symbios Group Site or the Services at any time without notice and Symbios Group reserves the right to impose restrictions on certain features of the Symbios Group Site or the Services at any time without notice.
In case of interruption to or suspension of access to the Symbios Group Site or the Services, the Users' only remedy will be for Symbios Group, in its absolute discretion, to extend the time limit of an advertisement or subscription access to the Services via the website for an appropriate period. Users' access to the Symbios Group Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services. Symbios Group will use reasonable endeavours to limit the frequency and duration of any such suspension or restriction.
Users must take all reasonable steps to minimise loss or damages when accessing the Symbios Group Site, including implementing prudent security and back-up features.
Before advertising the sale of a business, business opportunity or franchise on this website you should carefully read the Terms and Conditions and in particular the Disclaimer as well as the following terms. If you do not agree to be bound by all of these, you should not advertise the sale of a business on this website.
- 1.This website is for the sale of entire businesses, business franchises and/or business opportunities. Symbios Group is not regulated by the Financial Services Authority or any other regulatory body and you are strictly prohibited from offering any form of shares, bonds, securities, collective investment schemes or anything similar via this website. Please contact Symbios Group at the above address if you are in any doubt as to whether you can advertise on this website.
- 2.Symbios Group provides this website which gives you the opportunity to advertise the sale of your business, business opportunity or franchise. Symbios Group does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this website. Symbios Group strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.
- 3.If you are contacted by a third party through your use of this website who appears to be other than bona-fide or who acts dishonestly or incorrectly in any way or who contacts you for any other purpose than to negotiate the purchase of the item you have advertised (such as sale of its services), you will contact Symbios Group at Symbios Group, 25 Barnes Wallis Rd, Segensworth East, Fareham, Hampshire, PO15 5TT, Tel: ++44 (0)370 490 0000 forthwith setting out full details.
- 4.You warrant that the content of the advertisement you place on the website will be true and accurate and hereby agree to indemnify Symbios Group for any claims, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website.
- 5.Symbios Group reserves the right to refuse to upload any business listing if we, in our reasonable opinion, consider such listing to be improper, fraudulent or otherwise not bona fide
- 6.Symbios Group reserves the right to edit any business listing if we, in our reasonable opinion, believe such editing will improve the quality of the website.
- 7.The decision where to place a listing within the index of business categories shall be at the sole discretion of Symbios Group
Additional Terms for Brokers/Intermediaries
- 1.If you are selling a business, business opportunity or franchise in the capacity of a broker, agent or any other form of intermediary so that you are not selling in your personal capacity you must register as an intermediary on the website.
- 2.You warrant that you have the full authority and permission to advertise the business, business opportunity or franchise on the website from the direct owner and in particular that you have not advertised a business, business opportunity or franchise by simply taking it off a third party intermediary or broker without the permission of the owner.
Before contacting a seller of a business through this website you should carefully read the Terms and Conditions and in particular the Disclaimer as well as the following terms. If you do not agree to be bound by all of these, you should not contact a seller regarding the purchase of a business on this website.
- 1.Symbios Group provides this website which gives you the opportunity to purchase businesses, business opportunities or franchises by contacting persons who advertise on this website. Symbios Group does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this website. Symbios Group strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.
- 2.If you are contacted by a third party through your use of this website who appears to be other than bona-fide or who acts dishonestly or incorrectly in any way, you will contact Symbios Group at Symbios Group, 25 Barnes Wallis Rd, Segensworth East, Fareham, Hampshire, PO15 5TT, Tel: ++44 (0)370 490 0000, Fax: ++44 (0)370 478 1530 forthwith setting out full details.
- 3.You hereby agree to indemnify Symbios Group for any claims, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website.
Symbios Group requires payments for services by credit card unless otherwise agreed in advance. Symbios Group will charge you in British Pounds Sterling.
Any price indicated on the website is stated exclusive of value added tax or any other applicable sales tax [includes value added tax]. The amount of VAT will be shown on your account statement from time to time. Buyers of businesses which are not sold as a going concern and buyers of franchises should be responsible for paying any value added tax or other taxes which may be due on amounts owed by Buyers under these terms and conditions at the rates prevailing at the date that their contract of sale is concluded.
- 1.You can either end your subscription or adverts online by using the account management option or by calling our customer services team on ++44 (0)370 490 0000. No pro-rated refunds are available. To avoid being charged monthly subscriptions or advertising fees, Symbios Group must receive your cancellation notice before the first day of the month or one week in advance of your advert expiring.
- 2.All fees are non-refundable and non-transferable. The websites and adverts of subscribers and advertisers who cancel their membership, or whose credit cards expire without first providing another card for us to bill, may be removed.
- 3.Please ensure that your payment card details are kept up to date. If we are unable to process payment from your card, we regret that it will be necessary to suspend your subscription and advertisement(s) until you provide us with details of a valid payment card. You can do this by telephoning customer services or by updating your card details on the account management pages. You will still be liable for any outstanding payments that could not be met when your account was suspended.
Third Party Rights
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these terms and conditions.
Symbios Group shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
- (a) any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realise anticipated savings or profits;
- (b) any loss of goodwill or reputation; or
- (c) any indirect or consequential losses suffered or incurred by a User,
arising out of or in connection with the use by, or the inability to use of, the User of the Symbios Group website or the Services, or any other matter under these Terms and Conditions.
The aggregate liability of Symbios Group in respect of any other loss or damage suffered by a User and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with the sale or purported sale of any goods on the Symbios Group Site or the use of the advertisements, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of the payments by the User to Symbios Group pursuant to these Terms and Conditions.
Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of Symbios Group or its employees or agents.
These Terms and Conditions may be amended at any time by Symbios Group in its sole discretion. Such amendment will be posted on the Symbios Group Site and will become effective immediately. Users are encouraged periodically to review these Terms and Conditions posted on the Symbios Group Site. Use of the Services and the Symbios Group Site constitutes acceptance of these Terms and Conditions, including any amendments.
Should any single provision of these Terms and Conditions be or become fully or partially invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.
Failure or neglect by Symbios Group to enforce at any time any of the terms hereof will not be construed nor will it be deemed to be a waiver of Symbios Group's rights hereunder nor in any way affect the validity of the whole or any part of these Terms and Conditions nor prejudice Symbios Group's rights to take subsequent action.
Users shall not without the prior written consent of Symbios Group assign, sub-license or deal in any other manner with these Terms and Conditions or any right under these Terms and Conditions.
Users and Symbios Group are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms and Conditions.
Choice of Law and Venue
All disputes relating to these terms and conditions between Users and Symbios Group shall be exclusively governed by and interpreted in accordance with the laws of England.
Users and Symbios Group hereby irrevocably submit to the exclusive jurisdiction of the English courts over any claims, dispute or matter arising under or in connection with these terms and conditions or their enforceability.
Users, at their own cost, are responsible for and agree to do all things and execute all contracting deeds, assignments, instruments, transfers and other documents as may be necessary or desirable to give full effect to the transaction concluded between a Buyer and a Seller.
We are committed to your rights of privacy. This is why we have set out the privacy guidelines below.
LawThe information contained in this Privacy Statement shall be governed and construed in accordance with English law and be subject to the exclusive jurisdiction of the English courts.
Who we are
This website is owned and controlled by Symbios Solutions Limited.
Telephone number: +44 (0) 870 490 0000
E-mail address: firstname.lastname@example.org
Symbios Group is registered in England and Wales.
The company registration number is 04316056.
The registered address of the company is 25 Barnes Wallis Road, Segensworth, Fareham, PO15 5TT.
Data Protection Act
We have notified the Data Protection Commissioner under the terms of the Data Protection Act that we may obtain information about data subjects.
Information gathered by us
You will appreciate that we need to gather some personal information from you when you wish to buy our products or services and for us to deal with customer enquiries. The full details of the information we need is set out on the order form. You can volunteer some of the information we ask, but you are obliged to fill in all the boxes marked with an asterisk if you wish to purchase from us.
Any information that is gathered from visitors or customers to this site is not sold, made available to, or otherwise distributed to third parties for any purpose other than as provided in this policy.
The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis.
We also collect demographic and profile data on our websites. This information may be combined with other forms of information to permit us to bring together, in aggregate form, information about the people who use our site. Such information will enable us to understand, in general terms, user preferences in relation to the content of the site and the effectiveness of the advertising.
Information that is automatically logged
When you enter our site, we use your internet protocol ("IP") address to help diagnose problems with our server, to administer our website and to help identify you. We also have the ability to know what type of operating system and browser software you use and to identify the geographical location of your browser. Your IP address is also used by us to gather broad demographic information and other purposes, such as monitoring visitor frequency.
What we do with the information we collect
The information in aggregate form permits us to carry out an analysis of user behaviour in general. This allows us to measure overall interest in our site and to help us develop the site to make it more interesting in general terms. We will also be able to inform advertisers how many users have clicked on to the various advertisements displayed on our trading websites. The analysis we perform does not include any personal information provided by you. We merely use the aggregate form of the information for these purposes. We will not provide any personal information to any third party unless you give us specific authority to do so.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen a password) which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site. Any transmission is at your own risk.
DISCLOSURE OF YOUR INFORMATION
Any information that is gathered from visitors or customers to this site is not sold, made available to, or otherwise distributed to third parties for any purpose.
Telling you what information we hold about you
If you wish to know what information we hold on you, please contact us. You have the right to access information held about you where this is data within the meaning of the Data Protection Act 1998. We will only send this information to the e-mail address we have on file, unless you send us your postal address and request us to send the information to you at your postal address.
If you request us to remove your personal information from our database or you wish us to amend or change the information we hold about you on our database, we will remove or amend any such information on your request.
You may change and modify the information you have previously provided to us, as follows by contacting us in writing by letter or email sent to the address given in this Policy.
CHANGES AND QUESTIONS
You will probably appreciate that these guidelines will need to change over time. We will post changes to this page when such changes are necessary.