This Website is owned and operated by WeSellOpticians. These Terms (as defined below) are important so please read them carefully.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NO USE THIS WEBSITE OR THE SERVICES.
WeSellOpticians reserves the right to change these Terms at any time and You should print a copy of these Terms for Your records. You should check back regularly to see if they have changed as they will be effective from the next time that You access this Website or the Services and Your continued use of this Websites and the Services shall indicate Your acceptance of any change. WeSellOpticians will make every effort to communicate these changes to You by notification on this Website or by email.
1 PURPOSE OF THE WEBSITE
1.1 This Website enables advertisements of the sale of entire businesses and/or business franchises. WeSellOpticians is dependent on the owners of businesses advertised on this Website to provide information about their business.
1.2 You should carry out your own investigations into businesses advertised on this Website. WeSellOpticians does not conduct any investigations or due diligence into any parties advertising on this Website and the inclusion of any business is not a recommendation from WeSellOpticians about that business.
1.3 WeSellOpticians can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by You based on any information, opinions or advice contained within this Website.
2.4 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 WeSellOpticians. 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”.
2 YOUR OBLIGATIONS
2.1 When using this Website and Your Account (if applicable), You agree not to:
(a) attempt to undermine the security or integrity of this Website, or WeSellOpticians computing systems or networks. WeSellOpticians will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them;
(b) use, or misuse, this Website in any way which may impair the functionality of this Website, or impair the ability of any other user to use this Website;
(c) attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which this Website is hosted;
(d) transmit, or input into this Website, any files or data that may damage any other person’s computing devices or software, any Content that may be offensive or in violation of any law (including data or other material which You do not have the right to use);
(e) create links to this Website unless WeSellOpticians gives You prior written consent or as otherwise set out in these Terms;
(f) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate this Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
(g) impersonate any other person while using this Website;
(h) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using this Website; or
(i) use this Website for any unlawful purpose.
3 PERSONAL DATA
3.1 We collect, store and use personal information collected from visitors to this website. Please read our Privacy Policy for details of how we collect and use your Personal Data as well as your access and correction rights to any data we hold about you.
3.2 In delivering the Services in connection with these terms WeSellOpticians shall comply with all applicable requirements under the Data Protection Legislation.
3.3 For the purposes of the Data Protection Legislation, in most cases You are the Data Subject, WeSellOpticians is the Data Controller and any other sub-contractor, or third party engaged in the performance of the Services to You are the Data Processors.
3.4 In the case where we share the Personal Data of other Data Subjects with you, we (us and you) are joint Data Controllers for the purposes of the Data Protection Regulation. You agree to only process the data in accordance with your responsibilities and obligations to the Data Subject.
3.5 You agree to process all data provided in accordance with current Data Protection Legislation. Together with our Partner Websites, we pass on prospective buyer information as part of a contract between us and the prospective buyer, and as part of this contract with You. It’s in your legitimate business interests to contact said buyer about the advertised business opportunity, franchise, commercial property, or related service. In order to market to those users further you will need to gain your own consent or define your own legal basis for processing.
3.6 We shall, in relation to any Personal Data used in connection with the performance by Us of Our obligations:
(a) collect, store and use the data in accordance with Our Privacy Policy which is displayed on the Website;
(b) maintain complete and accurate records and information to demonstrate its compliance with the Data Protection Legislation; and
(c) notify You without undue delay on becoming aware of a Personal Data breach relating to Your Personal Data.
4 DISCLAIMER
4.1 The provision of, access to, and use of, this Website is on an “as is” basis.
4.2 It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
4.3 You are responsible for Your use of the Services and for ensuring that such use is compliant with applicable law.
4.4 WeSellOpticians does not warrant or represent that any particular results or outcomes will be achieved through use of the Services.
4.5 WeSellOpticians will use reasonable endeavours to make this Website and Services available at all times but does not warrant or guarantee that this Website or Services will always be available or that they will be uninterrupted or error free.
4.6 WeSellOpticians uses industry standard security processes and procedures to protect this Website against viruses, worms, Trojan horses, malware and other disabling devices but WeSellOpticians cannot guarantee that this Website will be free from the same or totally secure.
4.7 WeSellOpticians shall have no liability for any errors, omissions, inaccuracies or misleading statements or representations in any Content or instructions provided to WeSellOpticians in connection with the Services, or any actions taken by WeSellOpticians at Your direction.
4.8 All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of satisfactory quality, fitness for purpose and title.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 All IPR contained in and pertaining to this Website, including any trademarks used on this Website, copyright in any Content and rights in any data contained on this Website are owned by or licensed to WeSellOpticians . You are not given any right to use any IPR contained in or pertaining to this Website otherwise than as expressly permitted in these Terms or by law. Any transfer, sale, distribution, reproduction, copying or modification of any material contained on this Website (in whole or in part) is strictly prohibited other than with the prior written consent of WeSellOpticians .
5.2 You agree that WeSellOpticians 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.
5.3 You grant WeSellOpticians a royalty-free, limited, revocable licence to display and use to the extent necessary to provide the Services, Your logo, trademark, business name or any other IPR in any Content which You provide to WeSellOpticians.
5.4 You warrant that any Content provided by You to WeSellOpticians does not infringe the IPR or other rights of any third party and You are responsible for ensuring that any Content that You provide within this Website is accurate, complete, truthful and compliant with law.
6 INFRINGEMENT AND INDEMNITY
6.1 WeSellOpticians reserves the right to remove any material from this Website if, in its opinion, such material infringes or is likely to infringe the IPR of any third party.
6.2 WeSellOpticians 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.
6.3 You hereby agree to indemnify WeSellOpticians (who shall have no duty to mitigate its loss) in full and on demand and keep it so indemnified against all claims, demands, actions, proceedings and all direct and indirect damages, losses, costs and expenses (including without limitation legal and other professional advisers’ fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss made against or incurred or suffered by WeSellOpticians and whether wholly or in part resulting directly or indirectly from any claim that the Content of any material uploaded or posted onto this Website infringes the IPR of any third party.
6.4 If You believe that the Content of any material uploaded or posted onto this Website infringes Your IPR, please notify WeSellOpticians at the address stated above.
7 LIABILITY
7.1 This Clause 9 sets out the entire liability of WeSellOpticians 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 the You of the Services and Website; and
(c) any representation, statement or tortious act or omission (including negligence).
9.2 thing in 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.
7.2 WeSellOpticians will not be responsible to You for any business losses that You may incur, including but not limited to, loss of data, loss of profits, loss of goodwill, pure economic loss, corruption of data or information or business interruption.
7.3 Neither party will be liable for any indirect or consequential losses arising out of or in connection with these Terms.
8 BARRING FROM THIS WEBSITE
8.1 WeSellOpticians reserves the right to bar You from this Website and/or restrict or disable Your access or use of any or all elements of WeSellOpticians services, on a permanent or temporary basis at WeSellOpticians sole discretion.
9 YOUR RIGHTS AND RESTRICTIONS
9.1 You must register an Account with WeSellOpticians to use the Services available on this Website. You must be at least 18 (eighteen) years old.
9.2 You may make copies of Your information contained in Your Account in any format and in doing so, You may make copies of reasonable portions of this Website and the Content of this Website and Your Account.
10 PAYMENTS AND REFUNDS
10.1 Subscription Fees (if any) are paid in advance unless otherwise agreed.
(a) When you are a buyer, Subscription Fees are paid in advance.
(b) When you use our Other Advertising Services, Subscription Fees are paid in advance of the Services starting, unless otherwise agreed in writing.
10.2 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).
10.3 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.
10.4 WeSellOpticians reserves the right to change its Subscription Fees or billing methods at any time. We will provide timely notice to affected Customers of any such changes.
10.5 WeSellOpticians requires payments for services by credit or debit card or otherwise agreed in advance. WeSellOpticians will charge You in British Pounds Sterling also have to pay any applicable local taxes.
10.6 We do not offer any refunds for any of our services.
11 TERMINATION
11.1 Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms:
(a) You will immediately cease to use the Services; and
(b) WeSellOpticians will remove Your Content from this Website and will suspend Your access to the Services.
12 SALE OF BUSINESS
12.1 WeSellOpticians provides this Website which gives You the opportunity to advertise the sale of Your business or franchise. WeSellOpticians does not carry out any investigations or due diligence into the Buyers or Sellers who use this Website, or into the legitimacy of any statements made on this Website. WeSellOpticians strongly recommends that You make every effort to check and verify offers personally or through Your professional advisers/agents.
12.2 If You are contacted by a third party through Your use of this Website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way or who contacts You for any other purpose than to negotiate the purchase of the item You have advertised (such as sale of its services), You should contact WeSellOpticians at the above address or email our customer services team at info@wesellopticians.co.uk forthwith setting out full details.
12.3 You warrant that the Content of the advertisement You place on this Website will be complete, true and accurate.
12.4 WeSellOpticians reserves the right to refuse to upload and/or to remove any business listing if, in its reasonable opinion, consider such listing to be improper, fraudulent or otherwise not bona fide.
12.5 WeSellOpticians reserves the right to edit any business listing if, in its reasonable opinion, believe such editing will improve the quality of this Website. WeSellOpticians does not allow the display of a Seller’s contact details within a business listing. All Buyer messages will be delivered to Sellers via this Website. WeSellOpticians reserves the right to edit listings and remove any contact details included.
12.6 The decision where to place a listing within the index of business categories shall be at the sole discretion of WeSellOpticians .
13 GENERAL / OTHER
13.1 This Website enables advertisements of the sale of entire businesses and/or business franchises and provides the ability for Buyers to contact Sellers. WeSellOpticians is not regulated by the Financial Conduct Authority or any other regulatory body.
13.2 You should only contact a party advertising on this Website if You have a genuine interest in purchasing the business or franchise being offered, You should not contact any person 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.
13.3 If You are contacted by a third party through Your use of this Website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way, You should contact WeSellOpticians at the above address or email our customer services team at info@wesellopticians.co.uk forthwith setting out full details.
13.4 You hereby agree to indemnify WeSellOpticians against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of Your use of this Website.
14 THE USE OF VALUATION TOOL ON OUR WEBSITE
14.1 Valuation is a tool to assist You with valuing Your business, which is based on You inputting the information required by the tool on this Website. The output from this tool is provided as a written report and is dependent upon the accuracy of information You input into the tool.
14.2 You should not rely on, or take (or not take) any decision based on any information or results obtained through this tool. Any actions or decisions that You take are entirely at Your own risk. You should seek advice from a professional adviser or seek an alternative method of valuation before making decisions about Your business based on the output from this tool. WeSellOpticians does not provide financial advice or services and it is not regulated by the Financial Conduct Authority.
14.3 WeSellOpticians may use the data inputted by You into the tool on an anonymous basis for WeSellOpticians own business purposes.
15 OTHER ADVERTISING SERVICES
15.1 You warrant that the Content of the advertisements You place on this Website or copy you provide will be complete, true and accurate.
15.2 You hereby agree to indemnify WeSellOpticians against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of Your use of this Website.
15.3 WeSellOpticians reserves the right to refuse to upload/send and/or to remove any content if, in its reasonable opinion, consider such content to be improper, fraudulent, irrelevant to our audience or otherwise not bona fide.
16 ADDITIONAL TERMS FOR PAYMENT OF NDA AND SALES PLANS
16.1 Payment for NDA is non-refundable despite you choose not to use it.
16.2 Payment for any of our Sales Plans listed anywhere on our website are non-refundable despite you choose not to use them or if it did not result in a sale of your business.
17 COMMISSION PAID TO US
17.1 A commission fee of 2.5% + VAT charged at the sale price, paid immediately upon completion.