1. Acceptance of these Terms and Conditions

1.1 This web site, which is accessible at the URL: www.edenisland.sc, www.edenisland.info, www.edenisland.co.uk, www.edenisland.net (“this Web Site”), is made available by Eden Island Development Company (Seychelles) Limited, registration number: 843 959-1 (“the Owner”).

1.2 The terms and conditions set out below (“these Terms and Conditions”). apply to any person who may access, refer to or use any part of this Web Site (“the User”, “You” or “Your”).

1.3 Subject to clause 1.5 below, these Terms and Conditions set out the terms and conditions on which You may use, refer to, and access (individually and collectively referred to as “Use”) this Web Site and the information, content, products or services available on this Web Site, whether such information, content, products or services are provided by or belong to the Owner, its third-party providers or any other party, including (without limitation) any software, icons, text, graphics, images, sound clips, trade names, logos, designs, trade marks and service marks (which information, content, products and services are individually and collectively referred to in these Terms and Conditions as “the Web Site Content”).

1.4 If You do not agree to these Terms and Conditions, You are not permitted to continue to Use this Web Site or the Web Site Content and You must immediately cease to Use this Web Site and the Web Site Content and delete all copies of the Web Site Content in Your possession or under Your control (including, without limitation, any Web Site Content which has been cached by You), failing which You shall be deemed to agree to be bound by these Terms and Conditions.

1.5 In addition to these Terms and conditions, You acknowledge that the Owner may impose additional terms and conditions in relation to any service it may provide or in respect of the Use of any content, products, facilities or functionality which may be made available by the Owner, whether by way of this Web Site or otherwise. To the extent that You wish to Use such additional services, content, products, facilities or functionality (“Additional Services”), You shall be required to agree to the additional terms and conditions (as may be notified to You by the Owner) applicable to the Additional Services (“the Additional Terms and Conditions’) and shall also be bound to the Additional Terms and Conditions.

1.6 You are entitled to print a copy of these Terms and Conditions. Should You have any difficulty printing the Terms and Conditions or require assistance in obtaining a hard copy or electronic copy of these Terms and Conditions or the Additional Terms and Conditions, You should contact Mr K Germain at Admakers +27214487074.

2. Scope of permitted use

2.1 Subject to the Additional Terms and Conditions and the further provisions of these Terms and Conditions, You may only Use this Web Site and the Web Site Content for lawful personal and non-commercial purposes (“the Permitted Use”). The Permitted Use shall not extend to the Use of the source code of this Web Site or of the Source code of any software or computer program that forms part of the Web Site Content.

2.2 Any kind of use which does not qualify as fair use within the context of the scope of the Permitted Use or which has not been expressly approved by the Owner in writing, including (without limitation) framing, modifying, distributing, commercialising, exploiting and/or altering of the Web Site and/or the Web Site Content, is prohibited (“the Prohibited Acts”). These Terms and Conditions and any restrictions on the use of this Web Site or the Web Site Content shall also apply to any part of this Web Site or the Web Site Content which may be cached when Using this Web Site or the Web Site Content.

2.3 Should You wish to perform any of the Prohibited Acts, whether electronically or otherwise, the Owner’s prior written consent is required. An application must be submitted to . The Owner is entitled, in its sole discretion, to withhold or grant consent and may impose any conditions on any consent which is granted.

2.4 The Owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:

2.4.1 the operation of this Web Site or any of the Web Site Content; or

2.4.2 Your right to Use this Web Site or any of the Web Site Content.

2.5 You may not transfer any rights granted to You in terms of these Terms and Conditions to any other person or entity.

2.6 The Owner shall not be prevented from granting the same, similar, additional and/or different rights to any other person or entity.

2.7 You are solely responsible for procuring and maintaining all information technology and telecommunications facilities, services and equipment which may be required by You to Use this Web Site and the Web Site Content (as they may be amended from time to time).

3. Exclusion of liability for Use of this Web Site and the Web Site Content

3.1 You make Use of this Web Site and the Web Site Content entirely at Your own risk.

3.2 Subject to the provisions of the Laws of the Republic of Seychelles (“Seychelles law”), the Owner shall not have any liability whatsoever in relation to, and You hereby indemnify the Owner against, any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from any action or omission by the Owner or the Use of or reliance on the Web Site and/or the Web Site Content, or any actions or transactions resulting therefrom, even if the Owner has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.

3.3 Without derogating from the generality of clauses 3.1 and 3.2 and to the extent permitted by law, the Owner shall not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Web Site and/or the Web Site Content for any reason whatsoever.

3.4 To the extent permitted by law, if any of the limitations or exclusions of the liability of the Owner in these Terms and Conditions are held by any competent court or authority to be invalid or unenforceable, in no event will the total cumulative liability of the Owner to You exceed One Thousand Seychelles Rupees

3.5 For the purposes of this clause 3 and clause 5 below, any reference to the Owner shall be deemed to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, advisers, service providers, suppliers and content providers of the Owner.

4. Exclusion of warranties and representations

4.1 This Web Site and the Web Site Content is provided “as is” and is subject to change without notice. More specifically, the prices and architectural plans (which are for illustrative purposes only) in the Web Site Content are subject to change at any time, in the sole discretion of the Owner, without notice to You and without prejudice to the Owner.

4.2 Subject to the provisions of Seychelles Law, this Web Site and the Web Site Content is provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Web Site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Web Site Content.

4.3 You may not rely on any warranty or representation, which allegedly induced You to agree to these Terms and Conditions, unless the representation or warranty is recorded in these Terms and Conditions.

4.4 This Web Site and the Web Site Content is not intended to, and does not, constitute advice or a recommendation of any nature whatsoever, including (without limitation) in respect of any institution, investment, service or product.

4.5 The grant of any indulgence by the Owner to You in respect of any matter connected to the Use of this Web Site or the Web Site Content shall not constitute a waiver of any right of the Owner or prevent or adversely affect the exercise by the Owner of any existing or future right.

5. References and links to and from other web sites, products and services

5.1 This Web Site may contain references or links to other web sites and to the products, opinions or services of third parties. Such references or links are not intended to be, and should not be construed as an endorsement, recommendation, or affiliation to such other web sites or the opinions, products, services or conduct of third parties.

5.2 Subject to the provisions of Seychelles Law, Your use of such other web sites or the products or services of third parties shall be entirely at Your risk and the Owner is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of such other web sites or the opinions, products or services of third parties.

5.3 You may not make (and may not permit any third party to make) any reference to the Owner, this Web Site or the Web Site Content, whether by way of a link or otherwise, where such reference could in any way be construed or interpreted as an endorsement, affiliation, or recommendation by the Owner in relation to You or a third party, or of Your services, products, opinions or conduct or those of a third party.

6. Intellectual Property

6.1 Subject to clause 2.1 above, You shall acquire no right, title or interest in or to this Web Site or the Web Site Content other than those rights of Use expressly granted to You in these Terms and Conditions, provided always that such rights of Use shall always be subject to these Terms and Conditions.

6.2 To the extent that any of the Web Site Content has been licensed to the Owner or belongs to any third party, Your rights of Use shall also be subject to any terms and conditions which such licensor or third party may impose from time to time and You agree to comply with such terms and conditions.

7. Applicable Law

7.1 By Using this Web Site, You agree that these Terms and Conditions create a binding agreement between the Owner and You, notwithstanding that these Terms and Conditions are wholly or partly in the form of a data message. In this regard:

7.1.1 the agreement shall be deemed to have been concluded at Independence House, Independence Avenue, Victoria,Mahé, Republic of Seychelles on the date on which You first made any Use of this Web Site;

7.1.2 an electronic signature is not required by You or the Owner for purposes of agreeing to these Terms and Conditions and You agree that by Using this Web Site or the Web Site Content this shall be sufficient evidence of Your agreement to these Terms and Conditions;

7.1.3 any data message sent by You to the Owner shall be deemed to have been sent from Independence House, Independence Avenue, Victoria, Mahé, Republic of Seychelles if neither Your usual place of business nor residence is located within the Republic of Seychelles;

7.1.4 any data message sent by the Owner to You shall be deemed to have been received by You at Independence House, Independence Avenue, Victoria, Mahé, Republic of Seychelles if neither Your usual place of business nor residence is located within the Republic of Seychelles;

7.1.5 that any communication sent to You by an information system programmed to operate automatically on behalf of the Owner shall not be a data message attributable to the Owner or authorised by the Owner;

7.1.6 subject to clauses 7.1.5 and 10 of these Terms and Conditions, a data message sent by You to the Owner shall only be deemed to have been received by the Owner when an acknowledgement of receipt is sent by the Owner personally or a person who had authority to act on behalf of the Owner in respect of that data message; and

7.1.7 this agreement will be interpreted and implemented in accordance with the laws of the Republic of Seychelles and You agree to the jurisdiction of the courts of the Republic of Seychelles.

8. Privacy and interception

8.1 The Owner may collect, collate, process, store and use Your information relating to: Your race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, birth, education; Your medical, criminal or employment history; information relating to financial transactions in which You have been involved; Your identifying number, symbol or other particular assigned to You; Your address, finger prints or blood type, personal opinions, views or preferences, except where they are concerning another individual or regarding a proposal for a grant, award or prize to be made to another individual; correspondence sent by You that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence, the views or opinions of another individual about You; the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to You, excluding the name of the other individual where it appears with the views or opinions of the other individual; and Your name where it appears with other personal information relating to You or where the disclosure of Your name would reveal information about You but excludes information about an individual who has been dead for more than twenty years (“Personal Information”) for the purposes of:

8.1.1 providing You with access to the Web Site and the Web Site Content;

8.1.2 considering whether to reserve a plot of land or unit for You;

8.1.3 considering whether to accept an offer to purchase a plot or unit from You;

8.1.4 assessing whether to grant an application for finance from You for an acquisition referred to in 8.1.3;

8.1.5 compiling profiles for statistical purposes and trading with such profiles and statistical data;

8.1.6 Providing the Owner’s exclusive marketing agents for the development information so as to be able to contact You

8.2 While the Owner will attempt to ensure that the profiles or statistical data cannot be linked to You, the Owner does not guarantee that third parties may not be able to link such profiles and statistical data to You. You hereby indemnify the Owner against, any loss, liability, expense, claim, penalty or damage suffered by You, whether direct, indirect, special or consequential, arising from or in relation to any third party being able to link such profiles and statistical data to You.

8.3 The Owner will take all reasonable steps to prevent unauthorised access to or disclosure of Your personal Information. However, the Owner does not guarantee that the Personal Information shall be 100% secure.

8.4 You agree that Your communications on this Web Site may be intercepted in terms of Seychelles law by the Owner or any other competent authority.

8.5 Access to this Web Site is restricted by the use of passwords provided by the Owner to You. You must keep the password secret. Only You may use the password to gain access to this Web Site. You are responsible for the safe keeping of the password and obliged to immediately report a compromised password to the Owner.

9. Variation of these Terms and Conditions

9.1 Subject to the variations or amendments provided for in terms of clause 9.2, no other variation or amendment, in any form whatsoever, of these Terms and Conditions shall be enforceable or binding on the Owner unless the Owner has agreed to such variation or amendment in writing.

9.2 The Owner is entitled and reserves the right to vary or amend these Terms and Conditions from time to time and in its sole discretion. Such amended or varied Terms and Conditions will be displayed on this Web Site. On the first occasion on which You access this Web Site after such amended or varied Terms and Conditions have been displayed on this Web Site, if You continue to Use this Web Site after having had a reasonable opportunity to review such amended or varied Terms and Conditions, these Terms and Conditions (as amended and varied) will immediately be deemed to be effective and binding on You.

9.3 It is Your responsibility to access and familiarise yourself with any amendments or variations to these Terms and Conditions on each occasion You make Use of this Web Site or the Web Site Content.

10. Miscellaneous matters

10.1 Addresses for notices

10.1.1 Except where stated otherwise in these Terms and Conditions, the Owner’s address for the service of any notice is:
postal address : P.O Box 1403, Victoria Mahé Seychelles

physical address : Independence House, Independence Avenue, Victoria, Mahé, Seychelles

current fax no : +248 346666

10.1.2 All notices to the Owner must be marked for the attention of Mr S Radegonde and, in addition, all notices of a legal nature or relating to legal proceedings must be delivered by registered post to the postal address of the Owner and also either delivered by hand to the physical address of the Owner or sent to the fax number of the Owner.

10.1.3 Notices given to the above addresses shall only be deemed to have been duly given :

10.1.3.1 14 days after posting, if posted by registered post to the Owner’s postal address;

10.1.3.2 3 days after delivery, if delivered by hand to the Owner’s physical address;

10.1.3.3 3 days after confirmed successful transmission, if sent to the Owner’s fax number.

10.2 Disputes, claims and legal proceedings

10.2.1 Subject to clause 10.2.4, any dispute declared by You and any claim which you may have against the Owner arising out of or in connection with these Terms and Conditions or the Use of the Web Site or the Web Site Content, including after termination, cancellation or amendment of these Terms and Conditions, shall be referred to adjudication.

10.2.2 Subject to clause 10.2.4, should the Owner declare a dispute with You, or wish to institute any claim or legal proceedings against You arising out of or in connection with these Terms and Conditions or Your Use of the Web Site or of the Web Site Content, including after termination, cancellation or amendment of these Terms and Conditions, the Owner reserves the right to deal with the matter in a forum of its choice, which shall include but not be limited to, the courts of the Republic of Seychelles.

10.2.3 You agree that the Owner is entitled, but not obliged, to institute any proceedings arising out of or in connection with these Terms and Conditions or your Use of the Web Site or of the Web Site Content, including after termination, cancellation or amendment of these Terms and Conditions, in any Court in the Republic of Seychelles even though the cause of action in question exceeds the jurisdiction of that court.

10.2.4 Neither You nor the Owner shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.

10.3 Costs

Any costs, including legal costs on attorney and own client scale, and any taxes incurred by the Owner arising out of the Use of this Web Site or the Web Site Content, or a breach of these Terms and Conditions, shall be borne by You.

10.4 Assignment
You may not cede, assign or transfer any of Your rights and obligations in these Terms and Conditions without the prior written consent of the Owner. The Owner shall be entitled to cede, assign or transfer any of the Owner’s rights and obligations in these Terms and Conditions without Your prior written consent and without notice to You.

10.5 Interpretation

10.5.1 The clause headings and summaries below the clause headings inside blocks in these Terms and Conditions have been inserted for convenience only and will not be taken into consideration in the interpretation or affect the constructions of these Terms and Conditions. You must not rely on a summary of a clause and You must read the entire clause.

10.5.2 Any reference in these Terms and Conditions to the singular includes the plural and vice versa, any reference in these Terms and Conditions to natural persons includes legal persons and references to any gender include references to the other genders and vice versa.

10.5.3 Unless the context requires otherwise or expressly stated to the contrary, any words and phrases defined in these Terms and Conditions shall bear the same meaning throughout these Terms and Conditions.

10.5.4 In the event that any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

10.5.5 References to “writing” or notices “in writing” by the Owner in these Terms and Conditions only includes writing on paper signed in ink by an authorised representative of the Owner and specifically excludes any writing which may be in electronic form.

10.5.6 No relaxation or indulgence which the Owner may grant to You shall be deemed to be a waiver of any of the Owner’s rights in these Terms and Conditions or in law.

10.5.7 In the event of any conflict between these Terms and Conditions and any Additional Terms and Conditions, the Additional Terms and Conditions will prevail.

10.5.8 The termination of the agreement created by these Terms and Conditions shall be without prejudice to any other rights or remedies that You or the Owner may be entitled to under this agreement or at law, and shall not affect any accrued rights or liabilities of You or the Owner nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.