FRANCHISE FINANCE MARKET - TERMS & CONDITIONS
The Franchise Finance Market is a business name of Elcano Pty Ltd (“Elcano”). By completing this registration and agreeing to these Terms & Conditions a contract is formed between your entity and Elcano.
By registering on the Franchise Finance Market (the “Market”) you:
1) Confirm the following:
a) that you are at least 18 years of age;
b) that you have the capacity to bind and make representations on behalf of the business or entity you have registered and that by doing so you are confirming capacity to represent and bind the business in accordance with the terms detailed herein;
c) that your registered entity is in fact able and/or authorised to act in the capacity you have nominated (for example, but not limited to, is a franchisee of the nominated franchisor, is an authorised commercial finance broker of the Australian Credit License you have nominated).
2) Consent to the following:
a) the limited use of your business name, logo and trademarks within the Franchise Finance Market;
b) the creation and display of a profile in accordance with the details you provide on registration and as amended from time to time;
c) If a franchisor, the registration of your franchisees on the Market and the association of your business name, logo, trademarks and profile with those franchisees;
d) If a franchisee, the Market requesting, on your behalf, your franchise application form and any other material from your franchisor that may assist in your application for finance and to the receipt of that information on your behalf;
e) as a lister of finance opportunities (“Lister”), the provision of those details you have provided to Advising Financiers registered with the Market;
f) as a Lister that has not opted-out of a risk assessment, you consent to the Market providing your contact details to a third party specialist in risk insurance (where applicable).
3) Agree and acknowledge the following:
a) that details you provide and representations you make shall be accurate, fair and reasonable at the time of making those representations and that you shall review and modify those representations as needed in order to keep them accurate, fair and reasonable;
b) to supply details of any finance opportunity on its completion in a timely and accurate manner as directed by the Market system, including details of that component that may have been serviced by a third party on a referral basis, and to pay any associated Success Fee resulting from the referral (where applicable);
c) that Elcano does not, and is not bound to, confirm the representations and capacity to act in the manner represented by it’s members, from time to time, to be able, competent and authorised to act;
d) that Elcano may change these Terms & Conditions from time to time and may do so without notification;
e) the Market operates on a priority access basis for the purpose of giving reasonable access to all Advising Financiers;
f) where any changes are made to the Terms & Conditions they may become effective immediately and without prior notification;
g) that the Franchise Finance Market provides a Noticeboard facility only, as such it does not make any recommendations or provide financial advice of either a general of personal kind;
h) that Franchisors, Franchisees and their Opportunities are not required to be assessed or rated in order to be registered with the Market or for an Opportunity to be listed on the Noticeboard or details of that Opportunity to be provided to potential Advising Financiers;
i) where an assessment and/or rating of either a Franchisee, Franchisor or Opportunity has been performed and a rating allocated and shown on a profile, that assessment and rating is primarily a mechanism for feedback to the rated party and should not be relied upon by any other party in making decisions;
j) You have the competency, skills and experience to undertake your own assessment of each Opportunity and that the Market has recommended you do so and/or seek independent advice prior to making finance or other decisions concerning a listed Opportunity, a Lister or a registered Advising Financier;
k) Elcano, does not warrant the representations of any registered franchisee, franchisor or Advising Financier using the Noticeboard;
l) A termination in accordance with these Terms & Conditions avoids any grounds to dispute or seek compensation regarding such deregistration.
m) Elcano is not responsible in any way if any member is found not to have been authorised or accredited in the areas they had held themselves out to be authorised and/or accredited in.
You can terminate your registration at any time by requesting such with Elcano, which is effected through the Market system.
Your registration on the Market may be terminated immediately, at Elcano’s discretion, where it is found;
• a breach of these Terms & Conditions has occurred;
• any fees (including but not limited to Success Fees) have not been paid; and
• where it is found, or believed on reasonable grounds, that anAdvising Financiermember is receiving referrals and sharing them with unregistered parties, whether authorised and accredited to act or not, Elcano retains, at its sole discretion, the right to cancel the registration of that Advising Financier.
A failure to deregister a party in breach of these Terms & Conditions does not limit the ability of the Market to deregister that party at any subsequent time.
All information supplied to the Market is treated in accordance with these Terms and Conditions.
Elcano does gather data for the purpose of statistical analysis and business usage. Data is only used, or made available to third parties in a form whereby individual franchisors, franchisees, lenders or Advising Financiers cannot be identified, except if those parties have consented to such (for example if a franchisor seeks data from their own franchise network).
Elcano may request such information as is beneficial to compile and expedite a party’s application for finance. Such information can only be used for the purpose of seeking finance on behalf of that party and may be supplied only to third parties as consented by the owner of that information, including but not limited to the Advising Financier/s or potential lenders chosen by that party.
No registered user information, other than franchisee or franchisor information for finance applications, that would identify that user is supplied to a third party unless required by law, i.e. we do not sell your contact details to marketing businesses or anyone else.
Your data is stored as commercial-in confidence for at least seven years.