Fournaise does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Fournaise expressly disclaims any and all liability in connection with User Submissions. Fournaise does not permit copyright infringing activities and infringement of intellectual property rights on its Website and/or Solutions, and Fournaise will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Fournaise reserves the right to remove Content and User Submissions without prior notice. Fournaise will also terminate a Client’s access to its Website and/or Solutions, if they are determined to be a repeat infringer. A repeat infringer is a Client who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or Solution more than twice. Fournaise also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Fournaise may remove such User Submissions and/or terminate a Client's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
13. Fournaise shall be entitled from time to time to assign or sub-contract part of its obligations for the purpose of providing the Services to third parties, agents and/or partners (the “3rd Parties”). The Clients agree not to directly or indirectly solicit or endeavor to solicit or entice away these 3rd Parties for any reasons whatsoever without the prior written agreement of Fournaise.
14. Neither the Clients nor the Vendors will be entitled to use, reproduce, distribute or display any of Fournaise trade names, trademarks or service marks (including, without limitation, the Fournaise logo and the Fournaise name) in any manner unless approved in writing in advance by Fournaise. If Fournaise provides any such approval, the Clients and/or Vendors will comply with any guidelines regarding the use of such logos, names or marks provided by Fournaise.
15. If the case Vendors have to translate and/or integrate and/or program translated languages as part of their Services, they must follow procedures and/or processes agreed in writing with Fournaise (including but not limited to formats of English transcript documents).
16. The Clients shall pay to Fournaise all costs, expenses, fees and charges ("Charges") for the amounts and in the manner stipulated in the Clients Agreements. If the Charges are not paid in accordance with the Clients Agreements, Fournaise shall be entitled (notwithstanding any other rights and remedies it may have) to charge interest on the unpaid Charges at the rate of 2% per month from the due date until the date of receipt of the unpaid Charges.
17. If the event Vendors have to translate and/or integrate and/or program translated languages as part of their Services, they must follow procedures and/or processes agreed in writing with Fournaise (including but not limited to formats of English transcript documents).
18. Fournaise reserves the right to amend, vary, supplement or terminate part or all of the Terms and Conditions herein at any time without prior verbal or written notice. All Clients and Vendors shall be bound by any such variations or terminations. For the avoidance of doubt, in the event of a conflict between the Terms and Conditions (including any amendments, variations, supplements or changes thereto), and any other terms or conditions contained in any other agreement, correspondence, note, receipt, invoice, purchase order, delivery order, or any other relevant document whatsoever (but excluding the Clients Agreements), the Terms and Conditions shall prevail, without any exception whatsoever.
19. The failure of Fournaise hereto to insist in any one or more instances upon the strict performance of any of the provision of these Terms and Conditions or to take advantage of any of its rights hereunder shall not be construed as a waiver of any of such provision or the relinquishment of any such rights but the same shall continue in full force and effect.
20. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly delivered if sent by fax and/or by post (with certificate of posting or any other proof of posting) to the party concerned. Any notice given by post shall be deemed to have been served 1 day after it was posted.
21. If any of the provisions of these Terms and Conditions is found by a Court or other competent authority to be void or unenforceable, such provision shall be deemed to be deleted from these Terms and Conditions and the remaining provision(s) of these Terms and Conditions shall continue in full force and effect. Notwithstanding the foregoing, each party shall thereupon negotiate in good faith in order to agree on the terms of a mutually satisfactory provision to be substituted for the provision so found to be void or unenforceable.
22. Applicable Law
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For Clients Agreements and Vendors Agreements entered with The Fournaise Marketing Group Ltd (registered in England and Wales under the registration number 6443467): these Terms and Conditions together with the Clients Agreements and the Vendors Agreements shall be governed and construed in accordance with the English law and each party hereto submits to the non-exclusive jurisdiction of the Courts of England.
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For Clients Agreements and Vendors Agreements entered with The Fournaise Marketing Group Pty Ltd (registered in Australia under the ABN 23 127 295 872): these Terms and Conditions together with the Clients Agreements and the Vendors Agreements shall be governed and construed in accordance with the Australian law and each party hereto submits to the non-exclusive jurisdiction of the Courts of Australia.
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For Clients Agreements and Vendors Agreements entered with The Fournaise Marketing Group Pte Ltd (registered in Singapore under the registration number 199907353K): these Terms and Conditions together with the Clients Agreements and the Vendors Agreements shall be governed and construed in accordance with the laws of the Republic of Singapore and each party hereto submits to the non-exclusive jurisdiction of the Courts of Singapore.
