37. Offence for fraud, deceit, etc.

Terms defined in s 4

• franchise

  franchise

  Defined · s 4

  “franchise” means a contract or an agreement, either expressed or implied, whether oral or written, between two or more persons by which— Franchise 9 (a) the franchisor grants to the franchisee the right to operate a business according to the franchise system as determined by the franchisor during a term to be determined by the franchisor; (b) the franchisor grants to the franchisee the right to use a mark, or a trade secret, or any confidential information or intellectual property, owned by the franchisor or relating to the franchisor, and includes a situation where the franchisor, who is the registered user of, or is licensed by another person to use, any intellectual property, grants such right that he possesses to permit the franchisee to use the intellectual property; (c) the franchisor possesses the right to administer continuous control during the franchise term over the franchisee’s business operations in accordance with the franchise system; and (d). (e) in return for the grant of rights, the franchisee may be required to pay a fee or other form of consideration. (f).

  Open s 4
• franchise broker

  franchise broker

  Defined · s 4

  “franchise broker” means a person doing business as an agent or representative of a franchisor to sell a franchise to any person for a certain consideration but does not include any director, officer or employee of the franchisor or franchisee;

  Open s 4
• franchise consultant

  franchise consultant

  Defined · s 4

  “franchise consultant” means a person who provides advice and consultancy services to another person on the registration of a franchise business and compliance of the related laws;

  Open s 4
• person

  person

  Defined · s 4

  “person” includes a natural person, corporation, partnership, association, firm, joint venture or trust;

  Open s 4