Dynamis' Terms & Conditions
Welcome to FranchiseSales.com. 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
Part 2 will apply where You wish to use the Buyer Services.
Part 3 additional terms for other advertising services.
Part 4sets out the countries for which Dynamis APAC Pty Ltd are
If You do not agree to these Terms please do not use this Website or the
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 DEFINITIONS AND INTERPRETATION
The following definitions and rules of interpretation apply in these Terms.
an individual acting in a commercial capacity or the
company or trading entity on behalf of which an individual
uses the 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".
any text, advertisement, images, graphics, sounds, videos,
films, logos, information or other materials.
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
means a natural or legal person, public authority, agency
or other body which processes personal data on behalf of
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.
means an individual who is the subject of Personal Data.
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: Level 33,
Australia Square, 264 George Street, 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
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
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
has the meaning set out in the Data Protection Data
the Buyer Services, Other Advertising Services or any other
services made available to You through this Website.
these terms and conditions of use.
the internet site at the domain franchisesales.com and all
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.
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.
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.
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.
2 PURPOSE OF THE WEBSITE
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.
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
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.
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”.
3 YOUR OBLIGATIONS
3.1 When using this Website, You agree not to:
- (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;
- (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;
- (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;
- (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);
- (e) create links to this Website unless Dynamis gives You prior written
consent or as otherwise set out in these Terms;
- (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;
- (g) impersonate any other person while using this Website;
- (h) conduct Yourself in a vulgar, offensive, harassing or objectionable
manner while using this Website; or
- (i) use this Website for any unlawful purpose.
4 PERSONAL DATA
4.2 In delivering the Services in connection with these terms Dynamis shall
comply with all applicable requirements under the Data Protection
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.
4.4 We shall, in relation to any Personal Data used in connection with the
performance by us of our obligations:
which is displayed on the Website;
- (b) maintain complete and accurate records and information to demonstrate
its compliance with the Data Protection Legislation; and
- (c) notify You without undue delay on becoming aware of a Personal Data
breach relating to Your Personal Data.
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.
5.1 The provision of, access to, and use of, this Website is on an "as is"
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
5.3 You are responsible for Your use of the Services and for ensuring that
such use is compliant with applicable law.
5.4 Dynamis does not warrant or represent that any particular results or
outcomes will be achieved through use of the Services.
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.
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.
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.
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.
6 LINKING AND COOKIES
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.
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.franchisesales.com), 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.
7 INTELLECTUAL PROPERTY RIGHTS
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.
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.
8 INFRINGEMENT AND INDEMNITY
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
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
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
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:
- (a) any breach of these Terms;
- (b) any use made by the You of the Services and Website; and
- (c) any representation, statement or tortious act or omission (including
9.2 Nothing in these Terms excludes either party's liability for:
- (a) death or personal injury caused by their negligence; or
- (b) fraud or fraudulent misrepresentation; or
- (c) any liability which cannot be legally excluded or limited.
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.
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
9.5 Neither party will be liable for any indirect or consequential losses
arising out of or in connection with these Terms.
10 BARRING FROM THIS WEBSITE
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.
11.1 Language: These Terms and all communications between us will be in
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
Each party irrevocably agrees that:
- (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.
- (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
1.1 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.
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.
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
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 You warrant that the Content of the advertisements You place on this
Website or copy you provide will be complete, true and accurate.
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.
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
PART 4: DYNAMIS APAC
The following countries in the Asia Pacific (APAC) region are facilitated
from Dynamis APAC Pty Ltd in Australia.
Cocos (Keeling) Island
Lao People's Democratic Republic
Federated States of Micronesia
Northern Mariana Islands
Papua New Guinea
Wallis and Futuna