1    Application

1.1    These terms and conditions apply to all transactions and dealings between the Applicant and The Franchise Registry™.  They apply to the exclusion of all other terms and conditions, and may only be varied by the Chief Executive Officer of The Franchise Registry™ in writing.

1.2    By conducting any search or undertaking any transaction on The Franchise Registry™ any person warrants to and agrees with The Franchise Registry™ that:-

1. The person understands and agrees that The Franchise Registry™ is a trademark owned by Frandata Australia Pty Ltd ACN 163 778 461 and all copyright in the Website and all registers and other information contained on the Website or on any registers is copyright to The Franchise Registry™ and all rights are reserved;
2. The Franchise Registry™ does not review or vet the completeness or accuracy of any information contained in The Franchise Registry™ or on the Website and relies on the truth and accuracy of information or documents provided by Applicants;
3. Access to The Franchise Registry™ is provided on the condition that no person shall have any claim against The Franchise Registry™ and with the intent that such agreement shall operate as a total bar and complete and perfect defence to all legal action that it will have no claim whatsoever against The Franchise Registry™ as a result of any failure to register, error in registration, variation of registration or withdrawal of registration.

1.3    By providing any information to The Franchise Registry™, completing any Application form, clicking on any button or conducting any search or enquiry on this website the Applicant and any individual transacting on behalf of an Applicant irrevocably and unconditionally agrees to abide by these Terms and Conditions and warrants to The Franchise Registry™ that:-

1. The Applicant is a franchisor as defined in the Franchising Code of Conduct;
2. The Applicant has provided, or will provide within 30 days of making application,  The Franchise Registry™ with a copy of its current year Franchise Agreement and Disclosure Document;
3. To the best of the Applicant’s knowledge all documentation provided to The Franchise Registry™ complies with the Franchise Code of Conduct and is true and correct in every particular;
4. The Applicant has read and understood the Privacy Statement on this website; and
5. The individual signing the Application Form and all individuals transacting with The Franchise Registry™ have full power and authority to do so and to send and receive communications to and from The Franchise Registry™ on behalf of the Applicant at the time of providing the information or transacting and unless and until The Franchise Registry™ is otherwise notified in writing.

1.4    In these Terms and Conditions the following definitions apply:-

1. The Franchise Registry™ is the register(s) of Franchises in Australia described as The Franchise Registry™ on the Website and operated by Frandata Australia Pty Ltd ACN 163 778 461 ;
2. Applicant means the person listed as such in any application form submitted to The Franchise Registry™;
3. Applicant’s Information means any documents or information provided to The Franchise Registry™ in this application.
4. Franchise is as defined in the Franchising Code of Conduct;
5. Franchising Code of Conduct means the prescribed and mandatory industry code set out in Competition and Consumer (Industry Codes—Franchising) Regulation 2014 and as amended from time to time.
6. The Website means www.thefranchiseregistry.com.au

2    Registration on The Franchise Registry™

2.1    The Franchise Registry™ will operate one or more registries of Franchises on the Website and will make the names of registered Franchises available on its website.  

2.2    Should the Applicant be listed on The Franchise Registry™, The Franchise Registry™ will forward a certificate of registration (or letter outlining any additional steps required to achieve registration) to the Applicant within 28 days.

2.3    The Franchise Registry™ reserves the right to decline to register any Franchise, amend any registration, re-categorise and/or remove any Franchise from The Franchise Registry™ at any time and without cause or prior warning.  The Applicant consents to such reservation as a condition of lodging an application with The Franchise Registry™, and irrevocably agrees with the intent that such agreement shall operate as a total bar and complete and perfect defence to all legal action that it will have no claim whatsoever against The Franchise Registry™ as a result of any failure to register, error in registration, variation of registration or withdrawal of registration.

3    Fees and Charges

3.1    The Applicant agrees to pay to The Franchise Registry all initial registration fees, renewal fees, late lodgement fees and all other fees applicable to the Applicant’s registration on or before the due dates for payment as specified by The Franchise Registry™.  The Franchise Registry™ may by publication on the Website or notification to the Applicant in writing change any fee or impose any additional or alternative fee at any time.

4    Co-operation, consent and confidentiality

4.1    The Applicant consents to The Franchise Registry™ contacting officers and employees of the Applicant in order to verify the accuracy of any information provided by the Applicant.  However the Applicant acknowledges that the Franchise registry will not typically verify information and is entitled to assume the completeness and accuracy of all information provided.

4.2    The Applicant agrees to provide The Franchise Registry™ with any additional information reasonably requested by The Franchise Registry™ for the purpose of verification.

4.3    The Franchise Registry™ undertakes to keep the Applicant’s information confidential, and not disclose the Applicant’s specific information to any third party except if required to do so by any court or regulatory body in accordance with normal legal process.

4.4    The Franchise Registry™ may collect the applicant’s information, may store it within or outside Australia, may view and analyse any information, and may use any information to produce industry reports or for the purpose of providing aggregated data to Government or other third parties or otherwise in the best interests of the Australian franchising sector.

4.5    The Franchise Registry™ may use the Applicant’s information to provide data to third parties but only in a manner that does not compromise the anonymity of the provider of that information.

4.6    The Applicant irrevocably consent to The Franchise Registry™ publishing the name of the Applicant and the fact that the Applicant is registered on The Franchise Registry™ in any media, including to promote The Franchise Registry™.

4.7    The Applicant acknowledges that The Franchise Registry™ will be a public register available to all and accordingly accepts that The Franchise Registry™ does not warrant in any respect the purposes for which any information obtained from The Franchise Registry™ will be used.