Under the Crave Franchise Agreement, what act governs the use of electronic transactions?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
We alone may establish, maintain, modify or discontinue all internet, world wide web and electronic commerce activities pertaining to the System. We have established one or more websites accessible through one or more uniform resource locators ("URLs"). We will provide your Franchised Business with a listing on our website and we may, but are not required to, design and provide for the benefit of your Franchised Business a "click through" subpage at our website for the promotion of your Franchised Business. If we establish one or more websites or other modes of electronic commerce and if we provide a "click through" subpage at the website(s) for the promotion of your Franchised Business, you must routinely provide us with updated copy, photographs and news stories about your Franchised Business suitable for posting on your "click through" subpage. We reserve the right to specify the content, frequency and procedure you must follow for updating your "click through" subpage.
Any websites or other modes of electronic commerce that we establish or maintain, including but not limited to any mobile applications ("apps") that we may introduce, may – in addition to advertising and promoting the products, programs or services available at Crave businesses – also be devoted in part to offering Crave franchises for sale and be used by us to exploit the electronic commerce rights which we alone reserve.
In addition to these activities, we may also establish an intranet through which downloads of operations and marketing materials, exchanges of franchisee email, System discussion forums and Systemwide communications (among other activities) can be done. You may not maintain your own website; otherwise maintain a presence or advertise on the internet or any other mode of electronic commerce in connection with your Franchised Business; establish a link to any website we establish at or from any other website or page; or at any time establish any other website, electronic commerce presence or URL which
in whole or in part incorporates the "Crave" name or any names confusingly similar to the Proprietary Marks.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
Based on the 2025 Crave Franchise Disclosure Document, the excerpts provided do not specify a particular act that governs the use of electronic transactions. However, the document does address electronic commerce activities. Crave retains control over all internet, website, and electronic commerce activities pertaining to the Crave system. Crave may establish websites or other electronic commerce methods, including mobile applications, for advertising, promoting products, and offering franchises for sale.
Crave may also establish an intranet for franchisees to access operations and marketing materials, email exchanges, discussion forums, and system-wide communications. As a franchisee, you are not allowed to create your own website or advertise online in connection with your Crave franchise without permission. You also cannot establish links to Crave's website from any other site or create any URL that incorporates the Crave name or similar marks.
Given the lack of specific regulation mentioned, it is important for a prospective Crave franchisee to seek clarification from the franchisor regarding which laws and regulations govern electronic transactions, data privacy, and online consumer protection. Understanding these obligations is crucial for operating a franchise in compliance with applicable legal standards.