Terms of Use
Copyright and disclaimer of endorsement and liability
All contents of OntarioFranchiseopportunities.com are Copyright © 2001-2018 Franchise Performance Network. All rights reserved. OntarioFranchiseopportunities.com reserves the right to refuse any advertising at its sole discretion. OntarioFranchiseopportunities.com is designed to provide information on franchise and business opportunity companies to prospective business buyers. OntarioFranchiseopportunities.com does not provide professional advice or endorsements based on information included on its sites. The information on the company pages has been supplied by the relevant company or compiled from publicly available sources or created under direction from those companies and OntarioFranchiseopportunities.com makes no warranty and accepts no liability for the accuracy of this information.
Before making any commitment, or paying any money, it is essential that prospective buyers make their own careful enquiries, discuss the franchise opportunity with any other franchisees and take appropriate professional advice from an experienced lawyer and accountant.
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 the Franchise Performance Network. 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”.
Where You are a Broker or intermediary however, your clients or customers are the Data Subjects, You are the Data Controller, and the Franchise Performance Network is the Data Processor. In such cases You will ensure that You have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Franchise Performance network for the duration and purposes of this agreement.
The Franchise Performance Network does not warrant or represent that any particular results or outcomes will be achieved through use of the Services.
You agree that the Franchise Performance Network 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.
The Franchise Performance Network reserves the right to remove any material You upload or post onto this Website if, in its opinion, such material infringes or is likely to infringe the IPR of any third party.
The Franchise Performance Network 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 Website.
Liability
1 This Clause sets out the entire liability of the Franchise Performance Network 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 You of the Services and Website; and
c any representation, statement or tortious act or omission (including negligence).
2 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.
3 Subject to Clauses 1 and 2, the total liability of the Franchise Performance Network 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 Advertising Fees paid by You during the 12 month period immediately preceding the event giving rise to the claim.
Payments and refunds
1 Subscription Fees (if any) are paid in advance unless otherwise agreed with your account manager.
a When you are a buyer, Subscription Fees are paid in advance at the time you create a Premium Buyer account on this Website. Subsequently, Subscription Fees are due automatically upon each renewal of the Duration.
b When you are a seller, Advertising Fees are paid in advance at the time you create an account on this Website or when you choose a paid advertising package at the end of the Limited Free Trial. You may choose a recurring subscription in which case; Subscription Fees are due automatically upon each renewal of the Duration.
c When you are a Broker or intermediary, Advertising Fees are paid in advance at the time that we accept your request for a Broker account or your free trial comes to an end, whichever is sooner. Subsequently, Subscription Fees are due automatically upon each renewal of the Duration unless otherwise agreed with your account manager.
d When you use our Other Advertising Services, Subscription Fees are paid in advance of the Services starting, unless otherwise agreed in writing.
2 Where You are required to pay Subscription Fees, or where You pay additional fees as described below, the relevant Services begin once payment has been received (unless agreed otherwise with Your account manager).
3 Additional fees apply for some optional elements of the Services which either:
a Your account manager will confirm in writing before You choose to purchase the optional Services; or
b will be displayed within Your Account before You confirm that You wish to purchase the optional Services.
4 The Franchise Performance Network requires payments for services by credit card (Visa, Mastercard, American Express) unless otherwise agreed in advance. The Franchise Performance Network will charge You in Canadian Dollars and any applicable local taxes.
5 Your bank may also apply a fee for an international payment. These fees are exclusively related to Your bank. The Franchise Performance Network does not apply any extra charge for the international payment. If You have been charged any additional unexpected fees, please contact Your bank in order to receive more information.
6 Refunds are not issued for the purchase of advertising credit packages (Owner, Broker Gold, Broker Platinum) on OntarioFranchiseopportunities.com.
7 In the event that your ad listing does not fit our standards and is rejected prior to publication, the advertising credit will be issued to your OntarioFranchiseopportunities.com account. No credit card refunds are issued, we will simply return the ad credit to your account and you can list a new advertisement on our site.
8 Ad listings are subject to the OntarioFranchiseopportunities.com administrator’s approval. If your ad does not conform to our listing standards, it may be rejected at OntarioFranchiseopportunities.com’s discretion.
Certain reasons for ad rejection are listed below, please note that this list is not comprehensive, and your ad may be rejected for another reason not detailed within these Terms and Conditions. If you feel your ad was rejected for an invalid reason, please contact us at contact@ontariofranchiseopportunities.com
a The ad listing is in another language than English.
b The ad listing is not related to a franchise, business or real estate sale.
c The ad listing is not for a specific location or business, but lists various locations or businesses within a single ad. If you wish to list several properties or businesses, please create individual ads for each one.
d The ad listing is for a new franchise, instead of an existing franchise for resale.
e The ad listing is incomplete, e.g. missing contact information, investment amount, location, etc.