The Fournaise Marketing Group Ltd (registered in England and Wales under the registration number 6443467), The Fournaise Marketing Group Pty Ltd (registered in Australia under the ACN 127 295 872) and The Fournaise Marketing Group Pte Ltd (registered in Singapore under the registration number 199907353K) are hereby defined as "Fournaise". All employees or consultants of Fournaise are hereby defined as "the Consultants".
These terms and conditions are hereby defined as the "Terms and Conditions".
All clients of Fournaise (whether they are individuals, employees or corporations) are hereby defined as "the Clients".
All suppliers and/or vendors of Fournaise from which Fournaise purchases/purchased goods, products, solutions and/or services and/or who have been appointed by Fournaise for specific projects and/or programs are hereby defined as “the Vendors”.
The "Services" are:
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as per the description included in the Quotations and/or the Consultancy Quotations and/or Consultancy Agreements provided by Fournaise to the Clients and/or any agreement/document agreed in writing between Fournaise and the Clients (the "Clients Agreements"); and/or
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the AudienceTester®, CampaignTester®, the Fournaise Campaigns Performance SoftScore, PowerMarketeur®, CampaignAnalyser®, WebAnalyser™, TrendReporter®, the Fournaise Agency Program (On-wTAM® and wTAM®-Ready) and any other solution/program/wTAM® of Fournaise for which the Clients have registered and/or opened an account and/or signed-up and/or selected Fournaise price plans and other fees and/or to which the Clients have been given access, including but not limited to the Fournaise ROI Management Centre (the "Solutions"); and/or
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as per the Agreements and/or Quotations agreed in writing between Fournaise and the Vendors (the "Vendors Agreements") and/or
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the public and private training courses (the "Courses") organised and delivered by Fournaise and/or the 3rd parties (as defined in Clause 13) appointed by Fournaise.
1. Fournaise shall be entitled to identify the Clients and use the Clients' logo(s) in its internal presentations and in its promotional and advertising materials including its website unless Fournaise and the Clients have signed a non-disclosure agreement covering this matter.
2. To the extent permitted by law, both Fournaise and the Consultants shall not at all times and in any event be liable for any loss or damage (including but not limited to any direct, indirect or consequential, special or incidental loss or damage, loss of products or actual or anticipated savings or income) of whatsoever nature and howsoever caused, or for any claims made or proceedings instituted against the Clients or the Vendors by any third party, which may be suffered or incurred by the Clients, the Client’s clients, the Clients' suppliers and/or the Vendors, or which may arise directly or indirectly in connection with the provision of the Services provided by and/or to Fournaise, its employees, contractors or agents or the Consultants, except where such loss or damage is caused directly by the wilful neglect or default of Fournaise.
3. Without prejudice to the generality of the foregoing (Clause 2), both Fournaise and the Consultants shall not be responsible or liable in any way and for any reason whatsoever for among other things :
(a) any failures or delays in performing its/their obligations hereunder arising from any cause beyond its/their control, including but not limited to acts of God, acts of civil or military authority, fire, strikes, lock-outs or labour disputes, epidemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons and floods;
(b) any loss or damage or claim arising from any data, presentation, content and/or idea (the “Content”) and from any interruption in or malfunction of the technology, applications, hardware, software, solutions, equipment, online platforms, wTAMs® and processes (the “Systems”) used and/or developed and/or commissioned and/or outsourced by Fournaise in the provision of the Services;
(c) the accuracy and completeness of any information used and/or provided by or to Fournaise in relation to the Services;
(d) the accuracy and completeness of all translations of materials and documents used by the Clients and/or Fournaise in providing the Services including but not limited to where such translations were made or carried by Fournaise, where such translations have not been made or carried out by Fournaise and/or where such translations have been provided by the Clients or the Clients’ suppliers to Fournaise.
(e) the Clients’ data being accessed by third parties through illegal or illicit means, including situations of access by exploitation of software security gaps, inherent flaws or weakness in any software, or the Clients’ own internal security procedures governing the use of the Services and the conduct of its users.
4. Notwithstanding any other provision of these Terms and Conditions the maximum aggregate liability of Fournaise or the Consultants in respect of any and all claims under these Terms and Conditions shall not exceed:
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for Clients: the fees charged by Fournaise in the approved Clients Agreements (and/or Solutions) or US$50,000, whichever is lower;
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for Vendors: the fees paid by Fournaise in the approved Vendors Agreements, or US$15,000 whichever is lower.
