Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these conditions:
1. The following definitions apply:
- “Client” means the company, firm or organisation which has set up an account with Reed in order to use the Services and who will use the Website to advertise franchise opportunities to prospective Purchasers.
- “Commencement Date” means the date for the commencement of the Services as set out in the Order Confirmation.
- “Purchaser” means an individual or company wishing to or interested in buying a business advertised on the Website.
- “Order Confirmation” means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the Reed sales team, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
- “Reed” means Reed Online Limited, trading as Reed Commercial
- “Reed Group” means all companies in the same group as Reed. Two companies are in the same group if they share the same ultimate holding company.
- “Services” means the provision of an online platform where Client can advertise their franchise opportunities to potential Purchasers who may be interested in purchasing a franchise.
- “Terms” means these terms and conditions.
- “Website” means www.reedcommercial.com and includes without limitation its content, databases, software, code and graphics.
2. The following Services are available from Reed via the Website:
Free Postings : The Client may post up to 5 franchise resale opportunities per annum on the Website free of charge.
Standard Franchise Postings: A service whereby the Client’s franchise opportunity postings will be given greater prominence in listings, added functionality and customisation as set out in Reed’s rate-card which can be found at [add website address URL] and/or as otherwise set out in the Order Confirmation.
Premium Franchise Postings: A service whereby the Client’s franchise opportunity postings will be given even greater prominence in listings, added functionality and customisation as set out in Reed’s rate-card which can be found at [add website address URL] and/or as otherwise set out in the Order Confirmation.
- A legally binding contract between Reed and the Client comprising these Terms and the Order Confirmation will come into effect when (i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website or (ii) in the case of orders via the Reed sales team, Reed has received the Client’s completed and signed Order Confirmation. The Client acknowledges that such contract is conditional upon the Client passing Reed’s credit checking process. All orders will be for a minimum period of twelve (12) months.
- Reed shall perform the Services using information and criteria supplied by the Client and Franchisee. It is the Client’s responsibility to provide accurate and up to date information and information which is not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or infringes the copyright, trade mark or other intellectual property rights of any person in any jurisdiction.
- The Client shall pay Reed’s invoices in full within 14 days from the date of invoice. In the event of late payment, Reed may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), Reed may terminate the Services and all outstanding invoices shall become payable immediately. For the avoidance of doubt, the Client shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 5. Without prejudice to any other remedy, Reed reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
- Online payment services will be carried out by Sagepay. Online card payments shall be subject to Sagepay’s terms and conditions.
- Once a contract has been formed, Reed cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable.
- Reed may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
- Reed reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
- Without prejudice to any other remedy, Reed may terminate the Client’s account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if Reed has reasonable grounds to believe that the Client cannot or will not pay its debts.
- Reed reserves the right to close any account and terminate this Agreement immediately without liability if, in its opinion, any of the following has occurred:
- the Client has not provided full or accurate or misleading information;
- Reed considers the Client is acting inappropriately or illegally;
- the Client is using the Website to advertise websites, services, businesses and/or business opportunities which are competing to Reed’s business on any part of the Website; and/or
- the Client fails Reed’s credit checking process, or defaults on payment.
- The Client agrees to use the Website and the Services in ‘good faith’ i.e. to post authentic franchise opportunities of reasonable quality and liquidity, which provide both adequate and accurate details on the relevant franchise. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client’s access to the Services being removed, and its account terminated.
- All intellectual property rights connected with the Services and/or the Website shall remain vested in Reed or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
- Reed cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; (iii) the Services will generate any applications, responses or results and (iv) that the information made available on the Website is accurate and complete. For the avoidance of doubt, no Service is guaranteed to result in a sale.
- Reed shall not be in breach of these Terms if events beyond its reasonable control prevent Reed from performing the Services.
- It is the Client’s responsibility to protect their computers against any viruses and malware.
- These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between Reed and the Client. The Client acknowledges that it has not relied on any representation made by Reed in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
- The Client must conduct its own due diligence on the information found on the Website and obtain independent advice before committing to a specific Purchaser. No content on this Website should be construed as or is meant to constitute, investment advice in any type or form whatsoever. The views and/or opinions expressed on the Website do not reflect Reed’s views and/or opinions and do not qualify as qualified advice or recommendation in any manner.
- In the event that the Client makes a claim against Reed for whatever reason, Reed’s liability (if any) shall not exceed the price paid by the Client for the Services in the year in which the liability arose. Under no circumstances shall Reed be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude Reed’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
- If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
- Notices to Reed shall be sent by email to email@example.com and notices to the Client shall be sent by email to the address supplied on set up of the Client’s account.
- From time to time Reed will contact Clients in order to evaluate the service they receive and also to promote Reed’s services and products.
- The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of Reed or of any member of the Reed Group. Breach of this clause shall be a material breach and will entitle Reed, without prejudice to any other remedies it may have, to terminate the Client’s account and Services immediately.
- The Client will not be entitled to bring any claim or legal proceedings in respect of any refund or other repayment, howsoever arising, 4 years after the date on which entitlement to such refund or repayment arose. For the avoidance of doubt, the website terms and conditions apply in addition to the above Terms.
- The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
- By submitting a franchise opportunity and /or profile to the Website, the Client is authorising Reed to post such franchise opportunity and /or profile and submit the information of potential Purchasers who have expressed an interest in the postings
- The Client is responsible for the content of the franchise opportunity and /or profile posted on the Website and will indemnify Reed against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.
- The Client shall include in the franchise opportunity description the information as set out in the supplied template on the Website.
- Purchaser’s responses shall be forwarded by Reed by e-mail to the Client. The Client is responsible for verifying the information contained in Purchaser’s responses and satisfying itself as to the reliability of that information or Purchaser’s suitability for any prospective business transaction.
- All and any subsequent dealings between the Client and any Purchaser in connection with the Purchaser’s response to the franchise posting are the responsibility of the Client, and Reed accepts no liability whatsoever therewith. The Client will indemnify Reed against any Losses in connection therewith.
- The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998 and the Equality Act 2010. The Client represents and warrants that any personal data, as defined by the Data Protection Act 1988, contained in the information forwarded by Reed to the Client regarding a Purchaser shall only be used for the purposes of the Services provided through the Website.
- The Client accepts responsibility for any detriment which it may suffer or incur in respect of an agreement with a Purchaser and shall hold Reed harmless against any Losses in connection therewith.
- Reed reserves the right in its sole and absolute discretion to remove any postings at any time without reason. Examples of postings that may be removed include, but are not limited to those that Reed considers illegal, inappropriate or fraudulent and those of Clients who solicit staff from any member of the Reed Group.
Terms & conditions
This is the reedcommercial.com website (“Website”). Your use of this Website is subject to the following terms and conditions, which you are deemed to accept each time you access and use the Website. If you do not agree or accept any part of the terms and conditions please leave the Website and do not use this Website and the services provided through it.
“we” means Reed Online Ltd, trading as Reed Commercial and “our” or “us” shall be construed accordingly. “you” means the person firm company or organisation browsing and/or using the Website, and “your” shall be construed accordingly. “Reed Corporate Family” means all companies connected with us. A company is connected with us if it is: (i) a subsidiary or holding company of us; (ii) controlled by the same person(s) who control us or our holding company; (iii) a subsidiary or holding company of any company in (i) or (ii) above; or (iv) in the same group as any company under (i), (ii) or (iii) above. “subsidiary” and “holding company” shall be as defined in section 1159 of the Companies Act 2006. The term “control” shall have the same meaning as defined in Section 416 of the Income and Corporation Taxes Act 1988. Two companies are in the same group if they share the same ultimate holding company.
Interruptions and Omissions in Service
Whilst we try to ensure that the standard of this Website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this Website (or any particular part of it) or to provide the service offered on this Website. We may vary the specification of this Website from time to time without notice.
Links to other Sites
On this Website you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for, or liability in respect of, the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.
Information on this Website
Whilst we make every effort to ensure that the information on this Website is accurate and complete, including but not limited to the information on franchise opportunities, franchisees and/or franchisors, this information is supplied to us by the franchisors, franchisees and other third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this Website or any liability in respect of information on this Website supplied by you, any other Website user or any other person.
You are advised to conduct your own due diligence on any information on this Website you wish to rely on and obtain independent advice before committing to a specific franchise or product advertised on the Website. No content on this Website should be construed as, or is meant to constitute, investment advice in any type or form whatsoever. The views and/or opinions expressed on the Website do not qualify as qualified advice in any manner.
Your Use of this Website
The purpose of the Website is to introduce businesses or individuals to companies who advertise businesses opportunities in the form of franchises (“Franchisor/s”). You may only use this Website for lawful purposes when seeking to research franchising opportunities, to purchase a franchise or advertise the sale of a franchise opportunity or business. You assume sole responsibility for your use of the Website.
You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website. You may only contact a Franchisor if you have a genuine interest in purchasing the franchise being advertised and you should not contact a Franchisor 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. For the avoidance of doubt, Reed shall not be a party to any agreement entered into between you and a Franchisor, and it is your responsibility to satisfy yourself fully as to the suitability of any franchise advertised on the Website for its intended use by you.
Information Submitted by You
You are solely responsible for any information submitted by you to this Website. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this Website. We reserve the right to remove any information supplied by you from the Website at our sole discretion, at any time and for any reason without being required to give any explanation.
We and/or the Reed Corporate Family will use information supplied by you to aid the process of introducing you to Franchisors and for other associated administrative functions. This involves us and/or the Reed Corporate Family, amongst other things, processing and storing information and passing or making available online such information to prospective Franchisors, business partners and clients; information about franchise opportunities will be passed to users and may be posted directly onto the website. We use third parties to help us process your information.
We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected approved third parties, without disclosing individual names or identifying information. By using the Website and registering with the Website you consent to us and the Reed Corporate Family using information provided by you) in each of these ways.
The rights in material on this Website are protected by international copyright, software and trademark laws and you agree to use this Website in a way which does not infringe these rights. You may copy material on this site for your own private or domestic purposes, but no copying for any commercial or business use is permitted.
We may terminate your registration and/or deny you access to the Website or any part of it (including any services, goods or information available on or through the Website) at any time in our absolute discretion and without any explanation or notification.
We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Website or reliance on the information made available on the Website and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this Website and your use of it to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Website and from submitting information on the Website which is, including without limitation, inaccurate, incomplete, misleading, defamatory, discriminatory, obscene, offensive, or otherwise illegal, unlawful or in breach of any applicable legislation .
You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this Website.
Choice of Law and Jurisdiction
The use of this Website and any agreements entered into through this Website are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this Website or any agreement made through this Website.
Some of the goods or services offered through this Website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using this Website which you would not have suffered had you been accessing this Website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).
Changes to Terms and Conditions and Invalidity
These Website terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this Website following any amendment.
If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Reed Online Ltd
94 Chancery Lane
Company Number 6317279. Registered in the UK.