These Terms contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in:
(i) Eden, including the features, the classified advertisements, forums, various email functions and Internet links, and all content and Edenservices available through the domain and sub-domains of Eden located at https://www.myedenapp.com (“ Portal”) and the features thereof as well as the mobile application (the “App”) associated with Eden (collectively referred to herein as the "Platform"), and
(ii) the online Postings and/or transactions between those Users of the Platform who are offering services (each, a " Service Professional") and those Users of the service who are obtaining advertised services (each, a "Service User "), directly or indirectly through the Portal (such services, collectively, the "Third-Party Services").
You may get access to the by-laws and house rules of your respective property/building by contacting your property management directly.
(i) you are a User;
(ii) you have the authority to enter into these Terms;
(iii) if applicable, you authorize payment or receipt of payment for Third-Party Services requested or rendered through the Platform; and
(iv) you agree to be bound by all terms and conditions of these Terms and any other documents incorporated by reference herein.
If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Platform. If you do not agree to any of the provisions set forth in these Terms, kindly discontinue viewing or participating in this Platform immediately.
If you are using the Platform on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of these Terms will be deemed an acceptance by that business and “User”, “you” and “your” herein shall refer to that business.
A mandatory account to be registered by Users of the Platform.
Agreement for Service
Agreement for the provision of Service between Service Professionals and Service Users.
All materials published on the Platform, including articles, advertisements, images and illustrations.
Texts, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like.
Posting of any opinions or reviews in connection with, whichever is applicable, the Platform, the Service, the Service Professional, or the Service User (if applicable).
Intellectual Property Rights
include copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, logos, layouts, source codes, work flows and features, data and databases, confidential information, know how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
The relevant Joint Management Body, Management Corporation, or Resident Association.
Postings of Third-Party Services offered by Service Professionals made by Eden or the Service Professionals.
Personal Data has the meaning ascribed to it in the Personal Data Protection Act 2010 of Malaysia.
The posting of User-Submitted Content on the Platform.
The services made available by third-party Service Professionals to Service Users.
Users of the Platform, including Service Professionals and Service Users.
Any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including Account, Offers, Postings, Wants, or the Feedback.
The posting of the User’s desired Service.
1.1. The Platform is developed, owned and operated by Alpha Relation Sdn Bhd (" Eden"), a company incorporated in Malaysia.
2. BROWSER ACCESS AND INTERNET SERVICES
2.1. As part of offering the Platform, Eden will provide you with, without limitation, a browser interface and data encryption, transmission, access and storage. Your registration for, subscription to, or use of, the Platform shall be deemed to be your agreement to abide by these Terms.
2.2. By utilizing encrypted browser interface, you may access the Platform. You are responsible for obtaining browser capable of a level of encryption that meets the systems requirements we establish from time to time.
2.3. Your use of any browser may also be subject to the license agreements of the browser and developers, in addition to these Terms.
2.4. You may also access the Platform through the App. You are responsible for obtaining a device capable of running the App. Eden does not warrant and guarantee that all mobile devices will be capable of running the App to its full functionality, or of running the App at all. Your use of the App shall also be deemed to be your agreement to abide by these Terms.
2.5. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider. You acknowledge that there are certain security, corruption, transmission errors, and access availability risks associated with using open network such as the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so).
2.6. You acknowledge that you are using the Platform for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions and that you are satisfied with the assessment. We are not responsible for any Internet access services.
3. ONLINE TRANSACTION FEE AND REFUND POLICY
3.1. You agree to pay all fees or charges owing to the Management to your Account based on Eden’s fees, charges, and billing terms.
3.2. All payments made via our Portal are non-refundable and will be channelled to the Service Professional, or your Management.
3.3. You agree to pay all fees or charges to your Account based on Eden's fees, charges, and billing terms then in effect.
3.4. If you do not pay on time or if Eden cannot charge your credit card, MOLPay or other payment method for any reason Eden reserves the right to either suspend or terminate your Account and your access to the Platform and terminate these Terms.
3.5. You expressly agree that Eden is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Platform and the fees will be billed to your credit card, or other payment method designated at the time you make a purchase or register for a chargeable Third Party Service.
3.6. If you cancel your Account at any time, you may forfeit your right to any refunds.
3.7. If you have a balance due on any account, you agree that Eden may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
4. LICENSE GRANT AND RESTRICTIONS
4.1. Eden hereby grants you a revocable, non-exclusive, non-transferable, worldwide right to use the Platform, subject to these Terms.
4.2. All rights not expressly granted to you are reserved by Eden and its licensors.
4.3. Unless specifically provided hereunder, or provided in the functionality of the Platform, you shall not:
4.3.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
4.3.2. modify or make derivative works based upon the Platform;
4.3.3. co-brand (i.e., display any name, logo, trademark or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish or distribute the Platform accessible through the Service) the Platform or any portion thereof;
4.3.4. create Internet "links" to the Service or "frame" or "mirror" any portion of the Platform on any other server or wireless or Internet-based device (whereby the Platform or portion thereof will appear on the same screen with a portion of another website); or
4.3.5. reverse engineer or access the Platform in order to:
(a) build a competitive product or service;
(b) build a product using similar ideas, features, functions or graphics of the Platform; or
(c) copy any ideas, features, functions or graphics of the Platform.
4.4. You agree to cooperate with Eden in causing any unauthorized co-branding, framing or linking to immediately cease.
4.5. Your licenses may be used by any number of employees, representatives, consultants, contractors or agents within your organization, but cannot otherwise be shared or used by more than one User entity.
5. USER'S ACCOUNT
5.1. You need to register and create a password-protected account (" Account") with Eden to use, access and participate in all features of the Platform.
5.2. To create an account, you must submit your Personal Data, such as name, email address, contact number, address, and if applicable, your block and unit number, and any other information requested by your Management to your Management before you can start using the Platform. Once Management creates your account, an email will be sent to you for account verification and activation. Create a new password and you can begin using the Platform on mobile app or web.
5.3. You will provide accurate and complete information when creating your Account.
5.4. You shall be solely responsible for all activity associated with or occurring out of your Account(s) and shall abide by all applicable local and foreign laws, treaties and regulations in connection with the use of the Platform, including those related to data privacy and international communications.
5.5. You shall never use another User’s Account without permission and agree that you will not misrepresent yourself or represent yourself as another User.
5.6. You agree that Eden will not be liable for your losses caused by an unauthorized use of your Account.
5.7. Notwithstanding the foregoing, you may be liable for the losses of Eden or others due to such unauthorized use.
6. USER PERSONAL DATA
7.1. Eden reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms, and any other documents incorporated by reference herein, at any time, and Eden will post notice of the changes and the amended Terms at the domain of https://myedenapp.com/eden/terms_of_use.
7.2. It is your responsibility to review these Terms for any changes.
7.3. Your use of the Platform following any amendment of these Terms will signify acceptance of any revised Terms.
7.4. If you do not agree to abide by these or any future Terms, please do not use or access the Platform.
8. USER WARRANTIES AND OBLIGATIONS
8.1. User Warranties
Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You warrant, represent, and agree that you are at least 18 years of age, and that:
8.1.1. all registration information, Account information, and Personal Data that you submit are truthful and accurate;
8.1.2. you are duly authorized to use the Platform; and
8.1.3. your use of the Platform and, if applicable, the Third-Party Services offered through the Platform do not violate any applicable law or regulation.
8.2. Your Account may be terminated without warning if we believe that you are under the age of 18, your warranties and representations are untrue, or that you are not complying with any applicable laws or regulations.
8.3. User Restrictions
You acknowledge and agree that you shall comply with the following restrictions (the " User Restrictions"):
8.3.1. You will not copy or distribute any part of the Platform in any medium without Eden's prior written authorization.
8.3.2. You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose.
8.3.3. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without Eden's prior written approval.
8.3.4. You shall not in any manual or automated manner collect Personal Data, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate information on the Platform, including but not limited to, use on a "mirroring", competitive, or third-party site.
8.3.5. You shall not in any way that transmits more request messages to the Eden servers, or any server of a Eden subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Eden reserves the right to revoke these exceptions either generally or in specific cases.
8.3.6. You shall not recruit, solicit, or contact in any form Service Professionals for employment or contracting for a business not affiliated with Eden without express written permission from Eden.
8.3.7. You shall not take any action that (i) unreasonably encumbers or, in Eden's sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses Eden's measures that are used to prevent or restrict access to the Platform.
8.3.8. You agree not to use the communication systems provided and Users’ Personal Data for any commercial solicitation purposes.
8.3.9. You shall not send messages to other Users, which are of the nature below:
(a) offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
(b) unsolicited advertising or marketing of a service not offered on the Platform or an external goods and services.
8.4. Additional Policies
8.4.1. Your access to, use of, and participation in the Platform is also subject to any additional policies that Eden may set forth from time to time, and any other restrictions or limitations that Eden publishes on the Platform (the " Additional Policies").
8.4.2. You hereby agree to comply with the Additional Policies and your obligations thereunder at all times.
8.4.3. The additional policies shall form part and parcel of these Terms.
8.5. You hereby acknowledge and agree that if you fail to adhere to the above, or any other terms stated herein, Eden, in its sole discretion, may terminate your Account and your use of and access to the Platform without prior notice to you.
8.6. If you do not meet, or are unable to comply with the above, please do not use the Platform.
9. FACILITY BOOKING TERMS AND CONDITIONS
All facility bookings performed via Eden are subject to the following terms and conditions:
9.1. Deposits (if required) must be paid to management at least 2 days before the session date, otherwise your booking will be cancelled;
9.2. In the event of a cancellation, any prior payments you made will be forfeited;
9.3. All online payments are non-refundable;
9.4. For any booking and payment disputes on facility bookings, please contact your respective property management office directly; and
9.5. You further acknowledge and agree that Eden shall not be liable to you or any third party on such disputes, which includes but not limited to booking arrangements, payments and refunds.
10.1. As a User, you agree to use careful, prudent, and good judgment when leaving Feedback for another User. If relevant, the following actions constitute inappropriate uses of Feedback:
10.1.1. threatening to leave negative Feedback for another User unless that User provides Third-Party Services not included in the original Posting or not agreed to as part of the Service to be provided;
10.1.2. leaving Feedback in order to make the Service Professional or Service User (if applicable) appear better or worse than he or she actually is or was; and
10.1.3. including conditions in an Offer or Want that restrict a Service Professional or a Service User (if applicable) from leaving Feedback.
10.2. If you violate any of the above-referenced rules in connection with leaving Feedback, Eden, in its sole discretion, may take any of the following actions:
10.2.1. cancel your Feedback or any of your Postings;
10.2.2. limit your Account privileges;
10.2.3. suspend your Account;
10.2.4. terminate your Account; and/or
10.2.5. decrease your status earned via the Feedback page.
10.3. You may contact Eden regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org.
10.4. In the event of any dispute between Users concerning Feedback, Eden shall be the final arbiter of such dispute. Further, Eden HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
10.5. Eden reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other Users to a number that Eden deems appropriate in Eden's sole discretion.
10.6. Eden may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.
10.7. When legally required or at Eden's discretion, Eden will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform.
10.8. Eden DOES NOT AND CANNOT REVIEW EVERY POSTING POSTED TO THE PLATFORM. THESE PROHIBITIONS DO NOT REQUIRE Eden TO MONITOR, POLICE OR REMOVE ANY POSTINGS OR OTHER INFORMATION SUBMITTED BY YOU OR ANY OTHER USER.
11. RULES FOR SERVICE PROFESSIONALS
11.1. Service Restrictions
Service Professionals shall Not:
11.1.1. violate any laws, third-party rights, User Restrictions, or any provision of these Terms;
11.1.2. fail to perform Third-Party Services purchased by Service User, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Third-Party Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity;
11.1.3. manipulate the price of any Service or interfere with other Service Professionals' Postings; and
11.1.4. take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform).
11.2. Offers Must Not Be Fraudulent or Illegal
Subject to any exceptions set forth in these Terms, if any, Service Professionals shall not:
11.2.1. list Third-Party Services or offers relating to any Service in a category that is inappropriate to the Service they are offering;
11.2.2. misrepresent the location at which they will provide a Service;
11.2.3. include other inappropriate keywords in their profile, Offer, Want, Feedback, or any other title or description relating to a Service;
11.2.4. use misleading titles that do not accurately describe the Service;
11.2.5. include any information in their profile that is fraudulent; and
11.2.6. provide Third-Party Services which are illegal or in breach of any third-party rights.
11.3. Offers Cannot Use Techniques to Avoid or Circumvent Eden Fees
Subject to any exceptions set forth in these Terms, if any, and unless authorized by Eden, Service Professionals shall not:
11.3.1. offer a catalogue or a link to a third-party source from which Service Users may obtain the Service directly;
11.3.2. exceed multiple Posting limits;
11.3.3. post a single Service but offer additional Third-Party Services in the Service description;
11.3.4. charge fees for traveling further than desired to provide the Service;
11.3.5. offer the opportunity through Eden to purchase the Service or any other service outside of Eden;
11.3.6. use their profile page or user name to promote services not offered on or through the Platform and/or prohibited services.
11.4. Offers Must Promote a Fair Playing Field and Provide a Safe, Simple, And Positive Experience for All Platform Users
Subject to any exceptions set forth in these Terms, Service Professionals shall not:
11.4.1. include links that do not conform to Eden's policies with respect to third-party links;
11.4.3. promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;
11.4.4. use profanity in any Posting;
11.4.5. acknowledge or credit a third-party service provider for services or products directly connected with your particular Posting:
(a) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo);
(b) with any promotional material in connection with that third-party company, and/or
(c) with a link to the third-party's sources with any information in addition to the Service provided via Eden;
11.4.6. include third-party endorsements in a Posting; or
11.4.7. create a Posting that does not offer a Third-Party Service.
11.5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Eden, in its sole discretion, may take any of the following actions:
11.5.1. cancel the Posting;
11.5.2. if applicable, limit the Service Professional's Account privileges;
11.5.3. suspend the Service Professional's Account, if any;
11.5.4. if applicable, cause the Service Professional to forfeit any fees earned on a cancelled Posting;
11.5.5. terminate the Service Professional’s Account; and/or
11.5.6. decrease the Service Professional's status earned via the Feedback page.
12. RULES FOR SERVICE USERS
12.1. Service Users Shall Not Take Any of the Following Actions:
12.1.1. commit to purchasing or using a Service without paying;
12.1.2. sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
12.1.3. agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting;
12.1.4. misuse any options made available now or in the future by Eden in connection with the use or purchase of any Service; or
12.1.5. fail to deliver payment for Third-Party Services purchased, unless the Service Professional has materially changed the description of the Service description after the Service User negotiate an agreement for such Service, a clear typographical error is made, or the Service User cannot authenticate the Service Professional's identity.
12.2. Sanctions for Violating Any of the Rules for Service Users
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Eden, in its sole discretion, may take any of the following actions:
12.2.1. cancel the Posting;
12.2.2. limit the Service User's Account privileges;
12.2.3. suspend the Service User's Account;
12.2.4. terminate the Service User’s Account; and/or
12.2.5. decrease the Service User's status earned via the Feedback page.
13. USER-SUBMITTED CONTENT RESTRICTIONS
13.1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of User-Submitted Content on the Platform that:
13.1.1. misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals;
13.1.2. provides or create links to external sites that violate these Terms;
13.1.3. is intended to harm or exploit any individual under the age of 18 (" Minor") in any way;
13.1.4. is designed to solicit, or collect Personal Data of any Minor;
13.1.5. invades anyone's privacy by attempting to harvest, collect, store, or publish private or Personal Data without their knowledge and willing consent;
13.1.6. contains falsehoods or misrepresentations;
13.1.7. is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
13.1.8. encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual;
13.1.9. contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
13.1.10. is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Eden all of the license rights granted herein;
13.1.11. contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
13.1.12. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals, or to incite or encourage anyone else to do so;
13.1.13. intends to harm or disrupt another User's computer or would allow others to illegally access software or bypass security on the Platform or servers, including but not limited, to spamming;
13.1.14. impersonates, uses the identity of, or attempts to impersonate a Eden employee, agent, manager, host, another User, or any other person though any means;
13.1.15. advertises or solicits a business not related to or appropriate for the Platform (as determined by Eden in its sole discretion);
13.1.16. contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
13.1.17. contains advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests;
13.1.18. distributes or contains viruses or any other technologies that may harm Eden, or the interests or property of Users;
13.1.19. contains links to commercial services, except as allowed pursuant to these Terms;
13.1.20. contains identical content to other open Postings you have already posted; or
13.1.21. uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Eden.
13.2. No Confidentiality
13.2.1. You agree that any User-Submitted Content provided by for which you authorize to be searchable by other Users who have access to the Platform is provided on a non-proprietary and no confidential basis. You agree that Eden shall be free to use or disseminate such freely searchable User-Submitted Content on an unrestricted basis for the purpose of providing the Platform.
13.3. Your Representations and Warranties
You shall be solely responsible for your own User-Submitted Content and the consequences of posting or publishing it. In connection with User-Submitted Content, you affirm, represent, and/or warrant that:
13.3.1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Eden to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User-Submitted Content to enable inclusion and use of the User-Submitted Content in the manner contemplated by the Platform and these Terms; and
13.3.2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User-Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User-Submitted Content in the manner contemplated by the Platform and these Terms.
13.3.3. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User-Submitted Content posted by you to or through the Platform.
13.4. Your Ownership Rights and License to Eden
13.4.1. You retain all of your ownership rights in your User-Submitted Content. However, by submitting the User-Submitted Content to Eden for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to Eden a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the User-Submitted Content in connection with the Platform and Eden's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels.
13.4.2. You also hereby grant each User of the Platform a non-exclusive license to access your User-Submitted Content through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such User-Submitted Content as permitted through the functionality of the Platform and under these Terms.
13.4.3. The foregoing license granted by you terminates once you remove or delete the User-Submitted Content from the Platform.
13.4.4. You acknowledge and understand that the technical processing and transmission of the Platform, including your User-Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
13.4.5. You may remove your User-Submitted Content from the Platform at any time.
13.5. Eden's Disclaimers and Right to Remove
13.5.1. Eden does not endorse any User-Submitted Content or any opinion, recommendation, or advice expressed therein, and Eden expressly disclaims any and all liability in connection with all User-Submitted Content.
13.5.2. Eden does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Eden will remove any Data or User-Submitted Content if properly notified, pursuant to the "take down" notification procedure described below, that such Posting or User-Submitted Content infringes on another's intellectual property rights.
13.5.3. Eden reserves the right to remove any User-Submitted Content without prior notice.
13.5.4. Eden will also terminate a User's access to the Platform, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/ or has had User-Submitted Content removed from the Platform more than twice.
13.5.5. Eden also reserves the right, in its sole and absolute discretion, to decide whether any User-Submitted Content is appropriate and complies with these Terms for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length.
13.5.6. Eden may remove such User-Submitted Content and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and in its sole discretion.
13.5.7. You acknowledge and understand that when using the Platform, you will be exposed to User-Submitted Content from a variety of sources, and that Eden is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Submitted Content.
13.5.8. You further acknowledge and understand that you may be exposed to User-Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Eden with respect thereto, and agree to indemnify and hold Eden, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the User-Submitted Content.
13.5.9. You are solely responsible for the photos, profiles and other User-Submitted Content that you publish or display on or through the Platform, or transmit to other Users. You understand and agree that Eden may, in its sole discretion and without incurring any liability, review and delete or remove any User-Submitted Content that violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Users or others.
14. SUGGESTIONS .
14.1. If you send or transmit any communications, comments, questions, suggestions, or related materials to Eden, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto (“ Suggestions”), all such Suggestions are, and will be treated as, non-confidential and non-proprietary.
14.2. You hereby assign all right, title, and interest in, and Eden is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions.
14.3. You understand and agree that Eden is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.
15. THIRD-PARTY VERIFICATION SERVICE
15.1. Eden may use a variety of tools in an effort to make our Platform as safe as possible for Service Professionals and Service Users. Among these tools are interviews and background checks and identification verifications with national databases (such as those associated with MyKad).
15.2. By registering as a Service Professional on the Platform, you do hereby consent to allow Eden to perform the background checks and verifications.
15.3. You hereby authorize Eden to verify your representations and warranties herein, and you acknowledge that Eden reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion.
15.4. You agree to indemnify and hold harmless Eden from any loss or liability that may result from the identity checks.
15.5. In addition, you do hereby represent, understand and expressly agree that Eden offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service.
15.6. Eden retains the right to terminate your Account or your access to the Platform based on the information provided by this third-party verification service.
16. ADDITIONAL THIRD-PARTY VERIFICATION SERVICES
16.1. Eden may use a variety of tools in an effort to make our Platform as safe as possible for Service Users. Among these tools are name verification, address verification, NRIC number verification, and criminal background checks for Service Professionals.
16.2. Eden may use a third-party to identification and perform criminal background checks.
16.3. Eden also seeks to allow Service Professionals to showcase their professional license crEdentials.
16.4. Eden may make these or other third-party verification services available to Service Users. Service Users may use these services to verify information such as, but not limited to, name, address, national id number, criminal background, and professional license crEdentials of Service Professionals.
16.5. By requesting to use, registering to use, and/or using the Platform, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others.
16.6. You hereby authorize Eden to verify your representations and warranties herein, and you acknowledge that Eden reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion.
16.7. If you decide to use or access information provided by a third-party verification service offered through the Platform, you do hereby represent, understand and expressly agree that Eden offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service.
16.8. In addition, you understand that Eden may review the information provided by the third-party verification service and that Eden retains the right to terminate your Eden membership based on the information.
16.9. You affirm that all of the information you provide to Eden as part of these third-party verification services is correct, complete, and applicable to you.
16.10. Service Professionals may choose whether to make the information obtained from third-party verification services public on Eden.
16.11. If you decide to share any information from a third-party verification service publicly, you understand that the information in the report may factor into other party's decisions to engage you as a Service Professional.
16.12. You agree to indemnify and hold harmless Eden from any loss or liability that may result from your sharing this report publicly.
17. COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE
17.1. Pursuant to laws of Malaysia, Eden has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to Eden:
17.1.1. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
17.1.2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit Eden to locate the material;
17.1.3. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
17.1.4. information reasonably sufficient to permit Eden to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
17.1.5. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
17.1.6. a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the " Notice”.
17.2. Eden can be contacted via e-mail at support@myEdenapp.com.
17.3. You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid.
17.4. Eden will remove any infringing material. Notwithstanding Eden's instructions above, you are solely responsible for ensuring that any Notice you provide to Eden complies with any legal requirements.
17.5. Only the intellectual property rights owner is permitted to report potentially infringing items through Eden's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
18. MODIFICATIONS TO OR TERMINATION OF PLATFORM
18.1. Modification or Cessation of Platform
Eden reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that Eden shall not be liable to you or to any third party for any modification, suspension or discontinuance of Eden services.
18.2. Termination by Eden
You hereby acknowledge and agree that Eden, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, or block your email or IP address, or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any User-Submitted Content on the Platform, immediately and without notice, for any reason, including without limitation, Eden believes or has reason to believe that you have violated any provision of these Terms.
18.3. Termination by You
You may terminate your Account or cancel your use of the Platform with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."
18.4. Effect of Termination
Upon termination of your Account, your right to participate in the Platform, including, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Platform, your adherence to these Terms, the continuous activation of your Account, and your permitted participation in the Platform.
18.5. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Eden system.
18.6. Unless Eden has previously cancelled or terminated your use of the Platform (in which case subsequent notice by Eden shall not be required), if you provided a valid email address during registration, Eden will notify you via email of any such termination or cancellation, which shall be effective immediately upon Eden's delivery of such notice.
18.7. Upon termination, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Eden’s Data, intellectual property, and other content in your possession or control.
18.8. You further acknowledge and agree that Eden shall not be liable to you or any third party for any termination of your access to the Platform.
18.9. Upon termination, Eden retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted Eden hereunder shall remain in effect for the foregoing purpose.
18.10. In no event is Eden obligated to return any User-Submitted Content to you.
19. Intellectual Property Rights
19.1. Eden Owns or Holds the Licenses to All Data and Trademarks on the Platform
19.1.1. The Content on the Platform (exclusive of all User-Submitted Content), including without limitation, the Data and the Intellectual Property therein, are owned by Eden, and subject to Intellectual Property Rights under Malaysia and foreign laws and international conventions.
19.1.2. Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
19.1.3. Eden reserves all rights not expressly granted in and to the Platform and the Data.
19.1.4. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of User-Submitted Content obtained through the Platform for any commercial purposes.
19.1.5. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon.
19.1.6. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
19.2. Eden's License to You for The Use of Data and Trademarks
19.2.1. Subject to these Terms, Eden hereby grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the Eden Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform.
19.2.2. You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell aby Eden Data.
20. Eden FEES
20.1. Fees Incurred by Service Professionals
20.1.1. Service Professionals may join the Platform, and may respond to job leads generated by the Platform for free when these features may be made available. However, Eden reserves the right at its sole discretion to alter the interactivity between Service Users and Service Professionals on the Platform, and charge fees to Service Professionals for services that Eden may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by the Platform, or conducting transactions with Service Users through the Platform.
20.1.2. Fees may be deducted from prepaid credits purchased by a Service Professional. You understand that service credits are non-refundable. We will not be responsible for any lost or stolen codes used to 'top-up' your account with credits.
20.1.3. Eden may, in the future, offer premium and featured services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and book-keeping, that Service Professionals can also choose to purchase. Eden reserves the right to charge fees for these services at its sole discretion.
20.2. Fees Incurred by Service Users
20.2.1. Joining Eden, viewing posted Third-Party Services and requesting for Third-Party Services is free. Eden currently charges Service Users no fees for transactions completed on the Platform between Service Users and Services Professionals.
20.2.2. However, Eden reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion.
20.2.3. Eden shall provide you with fourteen (14) days' notice by posting the changes in policy on the Platform
20.3.1. You understand that we may act solely as an intermediary for the collection of fees and payment between residents and management, and may act as an intermediary between Service User and a Service Professional who choose to enter into an Agreement for Service.
20.3.2. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests.
20.4. Refund Policy
20.4.1. All sales and payment on Eden are final and non-refundable.
21. DISPUTES BETWEEN USERS
21.1. Eden IS NOT A PARTY TO ANY SERVICE CONTRACT
21.1.1. You acknowledge and agree that Eden is NOT a party to any oral or written Agreement for Service, or any contract entered into between Service Professionals and Service Users in connection with any Third-Party Services offered, directly or indirectly, through the Platform.
21.2. NO AGENCY OR PARTNERSHIP
21.2.1. No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of any part of the Platform, including without limitation, the Agreement for Service.
21.2.2. You do not have any authority whatsoever to bind Eden in any respect.
21.2.3. Neither Eden nor any Users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
21.3. DISPUTES BETWEEN USERS
21.3.1. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any Service Professionals and Service Users.
21.3.2. You understand that deciding whether to use the Third-Party Services of a Service Professional or provide Third-Party Services to a Service User is your personal decision for which you alone are responsible.
21.3.3. You understand that Eden does not and cannot make representations as to the suitability of any individual or legal persons you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual or legal persons.
21.3.4. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT Eden SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS, YOU ACKNOWLEDGE AND AGREE THAT Eden IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS, YOU HEREBY RELEASE Eden, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
22. Dispute Resolution
22.1. If a dispute arises between you and Eden, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Eden hereby agree that we will resolve any claim or controversy at law or equity that arises out of these Terms and the Platform in accordance with this Section or as we and you otherwise agree in writing.
22.2. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at email@example.com.
23. GOVERNING LAW
23.1. These Terms shall be governed in all respects by the laws of Malaysia.
23.2. You agree that any claim or dispute you may have against Eden must be resolved by the courts of Malaysia.
24.1. The Platform may be supported by advertising revenue. As such, Eden may display advertisements and promotions on the Platform. The appearance of advertisements on the Platform does not necessarily imply endorsement by Eden of any advertised products or services.
24.2. You agree that Eden shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
25. Third-party Links, Contact Forms and Phone Numbers
25.1. The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other products, services, or resources, including, without limitation, social networking, blogging and similar products through which you are able to log into the Platform using your existing account and log-in crEdentials for such third-party Platform.
25.2. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account.
25.3. Because Eden has no control over such sites and resources, you acknowledge and agree that Eden is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such third-party sites.
25.4. Links to third-party sites should in no way be considered as or interpreted to be Eden's endorsement of such third-party sites or any product or service offered through them.
25.5. You further acknowledge and agree that Eden shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such product or resource.
25.6. The Third-party sites may have different privacy policies and terms and conditions and business practices than Eden.
25.8. Your dealings and communications through the Platform with any party other than Eden are solely between you and such third party.
25.9. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
26. DISCLAIMER OF WARRANTIES
26.1. YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Eden AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH ANY CONTENT OR USER-SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND USER-SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE THIRD-PARTY SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, CONTENT, USER-SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Eden DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. Eden DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PLATFORM OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. Eden WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PLATFORM OR THIRD-PARTY SERVICES. AS WITH THE USE OF ANY PLATFORM OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
27. LIMITATIONS OF LIABILITY
27.1. IN NO EVENT SHALL Eden, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY THIRD-PARTY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE PLATFORM; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD-PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR USER-SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD- PARTY; (IX) ANY FAILURE TO OR MISUSE OF THE INTERCOM FEATURE OR (X) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR USER-SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Eden IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
27.2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF Eden, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR USER-SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO Eden BY YOU HEREUNDER.YOU HEREBY ACKNOWLEDGE AND AGREE THAT Eden SHALL NOT BE LIABLE FOR USER-SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
27.3. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Eden SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
28. FORCE MAJEURE
Neither Eden nor you shall be liable to the other for any delay or failure in performance under these Terms, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
29. Indemnification and Release
29.1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Eden, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; YOUR USE OR PROVISION OF THIRD-PARTY SERVICES; YOUR VIOLATION OF ANY PROVISION OF THESE TERMS; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR USER-SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD-PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORM.
29.2. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU FOREVER RELEASE Eden (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND/OR ANY USER-SUBMITTED CONTENT.
30. NO ASSIGNMENT
THESE TERMS, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY Eden WITHOUT RESTRICTION.
Notices set out in these Terms shall be sent by email to the addresses below:
If to Eden – firstname.lastname@example.org
If to you – the email you provided to your Management to register your Account.
These Terms, together with the by-laws and house rules of your respective property/building and its property management and other related entities in its entirety, and any other legal notices or Additional Policies published by Eden on the Platform, shall constitute the entire agreement between you and Eden concerning the Platform.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
34. NO WAIVER
35. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
36. SECTION HEADINGS
The section headings in these Terms are for convenience only and have no legal or contractual effect.