X – General Terms and Conditions
a) Modifications and waivers.
NovoEnglish reserves the right to modify the general sales conditions. NovoEnglish will inform the client of the modifications by e-mail and will invite the client to agree to the modifications.
The customer may not transfer to a third party any information provided for strictly personal use.
c) Applicable Law.
The terms and conditions, all acts and transactions hereunder and the rights and obligations of the parties hereto shall be governed by and construed in accordance with French law, and the parties consent to the jurisdiction of France.
If the parties fail to settle any dispute relating to the terms and conditions within fifteen (15) days after written notice by either party to the other regarding such dispute, the dispute shall be settled by the court of competent jurisdiction.
e) Severability of Contract Terms.
In the event that any provision of the Terms and Conditions is deemed unenforceable under applicable law, the parties agree to renegotiate such provision in good faith in order to preserve their economic position as closely as possible to that stated under the unenforceable provision. If the parties are unable to replace such provision in a mutually acceptable and enforceable manner, (i) such provision shall be excluded from the Terms and Conditions, (ii) the remainder of the Terms and Conditions shall be construed as if such provision were excluded, and (iii) the remainder of the Terms and Conditions shall be enforceable in accordance with the terms of the latter.
f) Entire Agreement.
The Terms and Conditions represent the entire agreement between Customer and NovoEnglish with respect to the subject matter hereof.
g) Force majeure.
Neither NovoEnglish nor any third party involved in the provision of the Service shall be liable for any failure or delay in the performance of their obligations under the Terms and Conditions resulting from causes beyond their control, including but not limited to acts of God, acts of civil or military authorities, fire, acts of civil or military authority, fire, flood, earthquake, riot, war, acts of sabotage, network failures, electronic file encoding errors, software limitations or inability to obtain telecommunication services or governmental action, provided, however, that the parties concerned shall take all reasonable steps to mitigate the effects resulting from such situations.
h) Basis of Negotiation.
Customer and NovoEnglish acknowledge and agree that the warranty disclaimers and limitations of liability and remedies contained in the Terms and Conditions are material, constitute the basis of the Terms and Conditions.
“Customer” means a natural person who registers and/or subscribes with NovoEnglish for the purpose of acquiring products offered by NovoEnglish on the www.NovoEnglish.com website.
“Customer Personal Information” means the name, email address, company name and billing address (to the extent NovoEnglish collects such information) of a customer.
“Information Providers” means the third party providing the information contained in NovoEnglish’s services.
“Information” means text and images.
“Price” means the purchase price of the product.