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between

Catch (an Australian company)

and

the user of this website ("You" or "Your")

Welcome to Franchise Business. The Franchise Business Website Terms of Use set out below (Agreement) govern Your use of the Franchise Business Website located at www.FranchiseBusiness.com.au (Franchise Business) and form a binding agreement between Catch and You in relation to Your use of Franchise Business.

Please read all of the Agreement carefully before using Franchise Business. If You have any questions, please contact Catch . By using Franchise Business, You acknowledge and agree that You have had an opportunity to read and understand the Agreement and agree to be bound by it.

1. Using Franchise Business - general requirements

1.        1.1 Catch will make Franchise Business available to You on the terms and conditions of this Agreement.

2.        1.2 You may use Franchise Business in accordance with this Agreement, including the licence granted in clause 3

3.        1.3 Catch takes the accuracy of its Database very seriously. If You see any material on Franchise Business which:

1.        (a) infringes any law, regulation, standard or relevant industry code;

2.        (b) breaches the requirements of this Agreement; or

3.        (c) is incorrect, please let us know as soon as possible by contacting Franchise Business

4.        1.4 Franchise Business contains content created by third parties (i.e. not by Catch), other information obtained from public sources and links to other websites (such content and websites together, Third Party Content). Except as otherwise indicated, we do not endorse, sponsor or approve any business listed on Franchise Business, any Third Party Content or the products or services offered by any business listed on Franchise Business. For more information about how Catch obtains information from public online sources, please see www.catchbot.com .

5.        1.5 Automated access to Franchise Business by or on behalf of internet search engines is permitted

6.        1.6 Subject to clauses 1.5, You must not:

1.        (a) access Franchise Business other than through the normal Franchise Business web interface;

2.        (b) access Franchise Business through any automated means (including, without limitation, through the use of scripts or webcrawlers);

3.        (c) use Franchise Business if You have previously been barred from using it, any other "Franchise Business" branded website or any other website operated by Catch;

4.        (d) infringe the intellectual property rights of others;

5.        (e) impersonate or falsely state or misrepresent an affiliation with any person or organisation;

6.        (f) use Franchise Business or any information contained on Franchise Business in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;

7.        (g) violate (or cause Catch to violate) any applicable law, regulation, standard or relevant industry code;

8.        (h) sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on Franchise Business which does not form part of Your Business Listing; or

9.        (i) supply any service through Franchise Business, other than through off-line commercial activity generated by the Business Listing for Your own business (being activity which takes place off the internet or off the Franchise Business website).

7.        1.7 You acknowledge and agree that Catch retains complete editorial control over Franchise Business and that Catch may, in its sole discretion and without notice to You:

1.        (a) reject, remove, delete or amend any material contained on Franchise Business or in the Database at any time, including (without limitation) any material contained in any Business Listing;

2.        (b) reject, refuse, remove, delete or amend any Content at any time;

3.        (c) position Content and/or any Business Listing as it sees fit; and

4.        (d) stipulate other conditions to ensure that the commercial nature of Content is clear.

8.        1.8 Catch reserves the right to modify, discontinue or disable Franchise Business or any part of Franchise Business (on a permanent or temporary basis) at any time.

9.        1.9 Catch may terminate this Agreement, remove Your Business Listing and/or refuse You access to Franchise Business if You have breached, or we consider that You will breach, this Agreement or for any other reason that Catch, in its sole discretion, sees fit.

10.    1.10 You acknowledge and agree that certain Business Listings on Franchise Business have been paid for by a business and may therefore be displayed before free Business Listings in the relevant search results.

2. Business Listings

1.        2.1 You may use Franchise Business to add, amend and/or update a Business Listing, solely on the terms and conditions of this Agreement.

2.        2.2 All Content must:

1.        (a) be complete and accurate;

2.        (b) be supplied in the manner and format specified on Franchise Business or as otherwise directed by Catch;

3.        (c) not be of a nature likely to bring Franchise Business or Catch into disrepute; and

4.        (d) comply with all laws, regulations, standards and relevant industry codes.

3.        2.3 You must not:

1.        (a) use Franchise Business to post Content for a business that is not located in Australia ;

2.        (b) use Franchise Business to add or amend a Business Listing where You do not have the express authorisation of that business to do so;

3.        (c) upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;

4.        (d) upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content;

5.        (e) infringe the intellectual property rights of others; or

6.        (f) breach a law including, without limitation, any law that restricts advertising of a profession.

4.        2.4 If any of the information in the Business Listing for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:

1.        (a) immediately amend Your Business Listing so that it complies with this Agreement; and/or

2.        (b) immediately notify Catch.

5.        2.5 You acknowledge and agree that by posting Content onto Franchise Business You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Catch or any Catch authorised third party.

6.        2.6 You must provide Catch with a copy of the authorisation described in clause 2.3(b) on request.

3. Intellectual Property Rights

1.        3.1 Franchise Business and the Database are owned and operated by Catch. You acknowledge and agree that all intellectual property rights comprised in or relating to Franchise Business and the Database belong to Catch or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.

2.        3.2 You may download and view content and/or print a copy of material on Franchise Business for Your own use only, provided You do not:

1.        (a) modify the content (including, without limitation, any copyright notice) in any way;

2.        (b) make the content public; or

3.        (c) use the content in a manner or for a purpose prohibited by this Agreement.

3.        3.3 You must not do anything which breaches or otherwise interferes with Catch's intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on Franchise Business without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made by contacting Franchise Business .

4.        3.4 We may publish and communicate to the public any Content. By posting Content onto Franchise Business, You grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:

1.        (a) reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on Franchise Business and as part of the Database; and

2.        (b) permit any other person to do any of the things referred to in paragraph (a), (Licence) .

5.        3.5 You must waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause 3.5, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.

6.        3.6 For the avoidance of doubt, You acknowledge and agree that:

1.        (a) the Licence includes a right for us to:

1.        (i) make the Content available to other companies, organisations or individuals with whom we have a relationship for the provision of services and to use such Content in the provision of those services;

2.        (ii) make the Content available to the public via any website or as part of any services or products in any jurisdiction;

2.        (b) we will allow Franchise Business users to search Content You have posted; and

3.        (c) You will do everything necessary (including without limitation, on request, execution of any documents) to give Catch the full benefit of the licences, waivers and consents set out in this clause 3.

7.        3.7 The Licence will survive any termination of this Agreement.

8.        3.8 Your use of some Third Party Content (including, without limitation, third party websites linked to Franchise Business) may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on Franchise Business) constitutes a licence or right for You to use such content.

4. Privacy

1.        4.1 Any personal information collected by Catch will be dealt with in accordance with the Catch Online Privacy Policy, the terms of which are available at www.franchisebusiness.com.au/privacy-policy.aspx .

2.        4.2 You consent (and must procure that any relevant third party consents) to the use of any personal information collected in relation to You (including, without limitation, any personal information contained in Content) in accordance with the Catch Online Privacy Policy. If You include any personal information about any person in any Content, You must:

1.        (a) provide that person with a copy of the Catch Online Privacy Policy prior to providing us with that personal information; and

2.        (b) where possible, have that person provide us with that personal information directly.

5. Warranties

1.        5.1 You represent and warrant to Catch that:

1.        (a) You are fully authorised to publish and to authorise Catch to publish all Content (including, without limitation, having full authorisation from any business whose Business Listing You add, amend or update);

2.        (b) You are least 18 years of age and have the legal capacity to enter this Agreement;

3.        (c) publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

4.        (d) You have the ability to grant the Licence;

5.        (e) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;

6.        (f) all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;

7.        (g) the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

8.        (h) You have obtained the consent of all individuals whose personal information is included in the Content to:

1.        (i) the collection of that personal information by Catch; and

2.        (ii) the use and disclosure of that personal information in accordance with the Catch Online Privacy Policy;

9.        (i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of Franchise Business; and

10.    (j) each website represented by any URL shown or embedded in the Business Listing for Your business:

1.        (i) is controlled and operated by Your business or its independent contractor;

2.        (ii) will be functional and accessible at all times; and

3.        (iii) is suitable in all respects, including (without limitation) subject matter, to be linked to Franchise Business.

6. Liability

1.        6.1 To the full extent permitted by law and subject to clause 6.4, Catch excludes all representations, warranties, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.

2.        6.2 Franchise Business is provided "as is", and You acknowledge and agree that Catch has no control over Third Party Content and that Your use of Franchise Business (including, without limitation, all material obtained from or linked to Franchise Business) is at Your sole risk. Nothing on Franchise Business constitutes the giving of financial or other advice. You should obtain qualified professional advice before acting on the basis of any information on Franchise Business.

3.        6.3 To the full extent permitted by law, Catch excludes all liability to You for any damages or loss (including without limitation, loss of profits, indirect or consequential loss) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) suffered by You in connection with:

1.        (a) Your use of, or reliance on, Franchise Business (or any information contained on or linked to Franchise Business);

2.        (b) any dealing You have with any business displayed on Franchise Business.

4.        6.4 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which Catch is entitled to do so, Catch limits its liability in respect of any claim under those provisions to:

1.        (a) the supply of the services again; or

2.        (b) the payment of the cost of having the services supplied again.

5.        6.5 You hereby indemnify and hold harmless Catch and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:

1.        (a) Your breach of this Agreement, including (without limitation) a warranty in clause 5;

2.        (b) any act of fraud or wilful misconduct by or on behalf of You; and

3.        (c) the publication or use of, or any act or omission in relation to, the Accessible Content including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.

7. General

1.        7.1 We may provide You with notices by email, mail or by posting content on Franchise Business.

2.        7.2 You should carefully read and agree to this Agreement each time You use Franchise Business. Whilst Catch hopes not to have to alter this Agreement, it is possible that changes will be required from time to time. By using Franchise Business (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.

3.        7.3 Catch may assign this Agreement provided that the relevant assignee undertakes to perform all of Catch's obligations herein. Subject to the foregoing, neither party may assign this Agreement in whole or in part.

4.        7.4 The indemnities in this Agreement are:

1.        (a) continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and

2.        (b) absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.

5.        7.5 This Agreement is governed by the laws of New South Wales , Australia , and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

8. Definitions

In this Agreement:

Catch means Reed Business Information Pty Limited (ABN 80 132 719 861) ( Australia ).

Content means all content posted by You onto Franchise Business including, without limitation, all text, graphics, icons, photographs and URLs.

Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.

Business Listing means a business listing in the Database. A Business Listing may contain information about the listed business, for example, contact details.

Database means the national database of Business Listings which is collected by Catch and made accessible to the public via the online business directory on Franchise Business.

Advertising Terms and Conditions

These are the terms and conditions upon which we accept material for publication from you. Any other conditions proposed by you shall be void unless accepted by us in writing. In these terms and conditions:

"Websites" means any of the web sites and online services owned or controlled by us;

"We" , "us" and "our" means Catch, the online division of Reed Business Information Pty Limited ABN 80 132 719 861; and

"You" means the advertiser. 

"Website Material" means any or all material or content appearing on the Website and includes, but is not limited to, Franchise Council of Australia endorsement, material, advertisers' material, Catch material and any other third party material.

"Booking email" means the email from us to you which details the relevant booking and which you then submit to us to confirm that booking.

"Annual Total" means the annual total specified in a booking email.

GIVING US MATERIAL

1.        When you give us material for inclusion in any of our websites, you warrant that:

a. you own that material or have the right to use and publish that material;

b. the material does not breach any law or the rights of any other person;

c. you have the right to represent the individual, entity, product or service mentioned in the material; and

d. you are bound by our terms and conditions and will pay our rate applicable to your material.

2.        Unless we inform you otherwise, you may give us only one piece of creative per unit type (banner, tile, button, micro-button) per month. If you wish to change the creative for any ad unit, we will use your new creative 14 days after you give it to us. If you give us a rich media advertisement, we require up to 5 additional working days to test it before it will appear in our websites.

3.        The standard due date for supplying advertising material is 14 days from booking confirmation, unless otherwise advised by us. Your booking commences from this date, from which you will be charged for the space booked. If you do not supply us with the materials by the due date, we may insert previous material. If the materials you supply do not comply with our requirements and specifications so as to allow its inclusion in our websites, we may rectify or adapt the materials to enable the material to be in a form for inclusion.

4.        We will not at any time or under any circumstances, be liable for any loss or damage to your materials.

CANCELLATIONS

5.        If you wish to stop publication of the material or if you request work we are doing for you to stop after you have instructed us to proceed with the work, you must request our consent in writing.

If we do consent, you will, in any event, remain liable for the Annual Total specified in the relevant booking email

OUR PRICING AND PAYMENT

6.        a. Our prices are listed in our Rate Card and unless otherwise stated are exclusive of GST. The Rate Card and these terms and conditions are subject to change at any time by us and without notice to you.

b. Unless otherwise agreed at the time we accept your material, accredited advertising agencies that are approved by us will receive a standard 10% agency discount off the Rate Card prices.
No discount will be given in respect of material that is for the direct benefit of the agency.

7.        a. All amounts shown on our tax invoices are in Australian Dollars unless specified otherwise.

b. You must pay us in Australian dollars

8.        We will send you a tax invoice and unless otherwise agreed, you must pay us for publication of the material or any other work that we are providing to you, within the time stipulated on our tax invoice.

9.        If you do not pay us the full amount within the time stipulated in the tax invoice, we may remove your material from our websites and stop any other work that we may be doing for you. You agree that we may recover the outstanding amount specified in the invoice together with interest, our legal costs, bank fees and charges, any other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts we pay to any collection agency to act on our behalf.

PUBLISHING ADVERTISEMENTS

10.    We may, in our sole discretion:

a. refuse to publish any advertisement you give us; and

b. remove any existing advertisement from any website without notice; and

c. change at any time without notice to You the Website Material. Changes to the Website Material (howsoever caused) do not invalidate this advertising agreement, and, for the avoidance of doubt, the Annual Total will remain payable by You in the event of changes to the Website Material.

ADVERTISEMENT SERVING AND REDIRECTS

11.    We serve your online advertisements in our websites in-house. At your request, we can provide you with statistical reports about the performance of your online advertising campaign. If you would like to track the performance of your campaign by using your own advertisement server, we will accept your redirect code. By giving us your redirect code, you agree to give us access to reports generated by your advertising server for your campaign in our websites. If there is a discrepancy between the reports from our advertising server and those from your advertising server, you agree to rely on the information provided by our advertising server.

LIABILITY

12.    a. Casual displacement, omission, inability or failure to publish an advertisement in our websites does not invalidate this contract.

b. Every care will be taken to ensure prompt insertion of the material but we will not be liable for any loss occasioned by the failure of the material to appear in any specified date or websites.

c. If we are unable to publish the material for any reason, we will only be liable to you for a maximum refund of the amount you paid us for the publication of the material subject to a pro rata reduction to take into account the period of advertisement downtime experienced.

d. To the extent possible, all implied and express warranties in legislation (including federal and state trade practices and sale of goods legislation) that may give you greater rights than are expressed in this clause are negatived.

13.    You will indemnify us against all suits, claims and demands made against us and loss or damage suffered by us arising from our publication of your material due to:

a. a breach of your warranty in clause 1;

b. any allegation that we have breached any intellectual property rights of any third party; and

c. any other civil or criminal liability we may be exposed to.

CREDIT CHECKS

14.    For the purpose of obtaining or providing a credit check/reference, you authorise us to make enquiries and to use, exchange and disclose to any credit provider or credit reporting agency, any or all information we know or obtain concerning your creditworthiness.

GOVERNING LAW

15.    The law in force in New South Wales, Australia governs these terms and conditions.

IMPORTANT PRIVACY NOTICE

We collect the information on this form for the purposes of processing your order, making credit enquiries, keeping you informed about upcoming events and assisting in improving our service to you. We disclose the information (excluding your credit worthiness and e-mail address) to other members of the Reed Group for these purposes. It may also be used by Mardev, one of our business units, to prepare lists of customers which it then rents to third parties to provide direct marketing offers which we think may be of interest to you. The provision of this information is voluntary but if you do not provide the information requested we may not be properly able to process your order. You have both a right of access to the information we hold about you and a right to ask us to correct it if you think it is inaccurate or out of date. If you do not want to receive information about other products, services, offers or events or you do not want your information disclosed to Mardev, please call us on 02 9422 2999. Please direct any queries regarding your privacy rights to The Privacy Officer at the address detailed on this form.