Terms & Conditions

Touch Of Eden (www.touchofeden.co.za) provides the Touch Of Eden Free Web site including the Touch Of Eden Home Page and other Touch Of Eden content (collectively, the “Touch Of Eden Site”) subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE TOUCH OF EDEN SITE. BY ACCESSING THE TOUCH OF EDEN (WWW.TOUCHOFEDEN.CO.ZA) SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE TOUCH OF EDEN (WWW.TOUCHOFEDEN.CO.ZA) SITE.

Rules

While visiting the Touch Of Eden Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Touch Of Eden Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Touch Of Eden Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Touch Of Eden Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.

Monitoring

Touch Of Eden has no obligation to monitor the Touch Of Eden Site. However, you agree that Touch Of Eden has the right to monitor the Touch Of Eden Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Touch Of Eden Site properly, or to protect itself or its subscribers. Touch Of Eden will not intentionally monitor or disclose any private electronic-mail message unless required by law. Touch Of Eden reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Privacy

Touch Of Eden cannot ensure or guarantee privacy for Touch Of Eden users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Touch Of Eden and its affiliate and related companies shall be relieved of all liability in connection therewith.

Buying over the Internet

When making purchases or other transactions through the Touch Of Eden Site or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Touch Of Eden Site will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Touch Of Eden Site. Touch Of Eden is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

Limitation of Liability

Touch Of Eden takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Touch Of Eden Site. Further, Touch Of Eden makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the Touch Of Eden Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Touch Of Eden be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

Recourse

If you are dissatisfied with the Touch Of Eden Site or with any terms, conditions, rules, policies, guidelines, or practices of Touch Of Eden in operating the Touch Of Eden Site, your sole and exclusive remedy is to discontinue using the Touch Of Eden Site.

Confidential Information

You authorize Touch Of Eden to collect from any party and to retain all relevant information relating to your use of the Touch Of Eden Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Touch Of Eden to the contrary by e-mailing us, you further authorize Touch Of Eden to disclose, on a confidential basis, to any party with whom Touch Of Eden has business relations all

Indemnity

You agree to defend, indemnify and hold Touch Of Eden and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Touch Of Eden Site or the Internet or the placement or transmission of any message, information, software or other materials on the Touch Of Eden Site or on the Internet by you or users of your account.

Miscellaneous

This Agreement, including any and all documents referenced herein, constitute the entire agreement between Touch Of Eden and you pertaining to the subject matter hereof. Touch Of Eden failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa applicable therein.

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