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       E d e n  T o d a y

Discovering a better you and building happier relationships!

Eden Today, LLC

Last updated 22 March 2020

1. Glossary/Definitions: Defined terms and conditions as follow below:

“Agreement” means binding the Customer and or clients Information, Services offered, provided and assessments and or anything deemed as service by Eden Today and these terms and conditions.

“Assessment” means complied questionnaire to assess the Client or customers standing to invoke and or to initiate Eden Todays services.

“Client” means Individual (s) or customer and or any party defined as receiving service or conducting business with Eden today as customer or client or any party thereof;

“Customer” means clients and or the customers named in the Customer Information;

“Customer Information” means the customer name, email address and or any other contact information submitted by or on behalf of a customer in the course of Registration, making a payment or submitted under the Contact Us option.

“Commencement Service Date” means refers to the date, the Customer completes Registration, following successful completion of Registration as confirmed by Eden Today personnel. Service date not implied, inclusive to and or determined otherwise specified and or unless confirmed and is determined by the Eden Today, management.

“Confidential Information” means (a) any proprietary information and data disclosed or made available by one party to the other party but does not include any information which is in the public domain section of the website, wherein, without any breach of the Agreement or Information; (b) on receipt known by the other party is already disclosed by that party willingly; (c) or at any time after the date of receipt by the other party, received in good faith by that party from a third party known as the client or the customer by the Eden Today’s management personnel; (d) and is required by law to be disclosed by the other party for legal purposes to prevent calamity and or injury to individual(s) or immediate personnel in the close proximity;

“Data” means the Customer’s data that is entered by the Customer and processed or collected in the course of provision of the Service and or information collected by the Eden Today’s personnel;

“Intellectual Property” includes all copyright, trademarks, designs, patents, domain names, concepts, trade secrets, logos and all other similar property and rights whether registered or unregistered and or claimed by Eden Today in lieu of lack of legal documents to validate the claims as per required to operate as an entity;

“Organization” means The Eden Today

“Permitted Users” means, registered users and or any party given access to and or the third party permitted to work as a contractor, employees, board and or any personnel specified as directly or indirectly affiliated or associated to Eden Today under the regional laws whether in the United States or outside (overseas). unless specified otherwise (if any) selected by Eden Today or on the Website, employees, directors or contractors of the Customer not exceeding, in aggregate, to the Registration;

“Pricing” means the price specified on the Website for provision of the Service and or the various Assessments listed on the website.

“Registration” means registered user (s) on the Website as the Customer or clients to receive the Service via Eden Today’s portal and or any of its affiliates described as associated party, direct or indirect;

“Service” means Eden Today’s Assessments and or anything deemed as service provided by Eden Today and or on the various ‘What we do’ pages of the Website;

“Website” means;

“Working Day” means a day that is not a Saturday, Sunday or public holidays in the United States.

2. Terms and conditions

2.1 The Clients and or Customers accept the terms and conditions in effect, at the time of service, is rendered or provisioned. It is the Customer’s responsibility to check the Website for Personal Data Rights Notice, Privacy Policy and the Terms and Conditions on each occasion Eden Today is hired or use the Service. The Eden Today may amend or replace these terms and conditions at any time and the notification to the Customers or Clients, which may be given via the Website. The Customer’s continued use of the Service confirms the Customer’s acceptance to be bound by the latest terms and conditions as updated as frequently as it may be deemed by the organization. Any additional or different terms that the Customer may stipulate or state in any communication with the Eden Today’s personnel will not be binding or included in the Agreement unless expressly agreed upon in writing by the organizational hierarchy.

3. Charges and payment

3.1 The Customer will pay the Price for the Service (s) in accordance with the agreed upon monetary amount specified on the Website and or on the phone and or in person via verbal consent to render services or agreed upon amount discussed and or any or all of the scenarios. All payments must be made in full without deduction at completion of service(s), unless otherwise, having priory amount (s) allowed as installments and or having a written note specifying otherwise.

3.2 All applicable value added taxes will be charged and will be payable in addition to the Price unless specified in writing.

3.3 If any amount is not paid by the due date, the Eden Today may suspend provision of Service (s) until the organization receives payment in full of all outstanding amounts and or may take legal action to indemnify.

3.4 The late fee may be changed at the organizations discretion, if necessary, in case Eden Today is obligated to give time to pay the balance in full in a written notice by email and or by mail to the Customer (s) or Client (s), new charges may apply for additional service, unless otherwise specified.

4. Term

4.1 Subject to clause 4.2, the Agreement will commence on the Commencement Date of Service and may be terminated by the Eden Today at any time, if necessary, at any time through the cancellation processes via the Website, email or mail.

4.2 The customer (s) or client (s) may also terminate prior to service (s) taking effect, and or without causing Eden Today amerce for initiating servers with its affiliates and or third party contractors, in which the Eden Today confirms receipt of the Customer’s/Clients cancellation request, without needing to indemnify.

4.2 Where the Customer purchases an Assessment on the Website (where available), the Service will be provided for that term and early termination options are not available.

5. Provision of Service

5.1 The Eden Today will provide the Service to the Customer (s) or Client (s) in accordance with the Agreement and or agreed upon terms. The Service is provided to the Customer on a non-exclusive basis and the Customer’s right to use the Service is not transferable on the Website or in person services. The Eden Today will provide log on details to the Customer to enable the Customer/client to access and use the Service.

5.2 The Eden Today will provide email support between the hours of 8am to 5pm on Working Days for matters which relate directly to the provision of the Service, unless otherwise specified on the website and or via email or mail, any or all.

5.3 Provision of the Service is subject to the terms and conditions of the Agreement including without limitation of clause 5.4.

5.4 The Customer (s) or Client (s) must not, nor may the Customer or client permit any other person (s) to do any of the following, or attempt to do so:

  • copy, alter, modify, reverse assemble, reverse compile, reverse engineer; or
  • permit or enable users other than Permitted User (s) to access or use the Service; or
  • provide the Service to any user(s) through operation of a bureau as entity or like service; or
  • resell, rent, lease, transfer, sublicense or otherwise transfer rights to use the Service; or
  • use the Service in any way that could damage or interfere with the Eden Todays Systems in any way; or
  • use the Service otherwise in any manner in which the Service is designed to be used as intended; and or
  • use the Service in any way (whether by transmitting or inputting any files or other material or otherwise) that could interrupt, damage or otherwise interfere with use of the Service by any other customer (s) or Client (s);
  • do any act which would or might invalidate or be inconsistent with the Eden Todays Intellectual Property rights includes all copyright, trademarks, designs, patents, domain names, concepts, trade secrets, logos and all other similar property and rights whether registered or unregistered and or claimed by Eden Today.

5.5 The Customer must notify the organization of any actual, threatened or suspected infringement of any Intellectual Property right and of any claim by any third party that any use of the Service infringes any rights of any other person, as soon as that infringement or claim comes to the Customers/clients notice.

5.6 The Customer/Client indemnifies the Eden Today against any loss, costs, expenses, demands or liability whether direct, indirect or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising out of a claim by a third party alleging infringement of that third party’s Intellectual Property rights, if such claim arises from infringement, suspected infringement or alleged infringement due to:

use of the Service in a manner or for a purpose or in combination with any other service or product not reasonably contemplated or authorized by the organization;

5.7 The availability of the Service is dependent on factors outside of the Eden Today’s control including without limitation the availability of telecommunications networks and as such the Supplier cannot and does not warrant that the Service will be continuously available or available without interruption.

5.8 The Eden Today services not limited to the Website and or any of the other services such as Coaching, Assessments and counseling maybe subject to the following: The Eden Today commitment to Service availability is described below:

the organization intends that the Service is available 24 hours a day seven days a week. Exceptions to this may occur for any planned maintenance, emergency maintenance or unplanned outages; and or unforeseeable inclement weather or some disease outbreak or any other unforeseeable catastrophe

Planned maintenance and or as required maintenance may take place at times notified if conditions or circumstances allow on the Website;

Emergency maintenance and unplanned outages – where emergency maintenance is necessary or where unplanned outages occur, this will be notified on the Website and or email as soon as possible, at the organizations convenience.

6. Use of templates

6.1 If the Customer chooses to use a Template (s) as part of the Service

  • there is no additional charge for use of the Template while the Customer is using the Service, unless otherwise specified in writing;
  • The template is proprietary and or intellectual property of the organization, Eden Today and Customer may not change it in any way the Customer wishes and is confidential material of Eden Today, and is obligated to keep it confidential and takes on the responsibility to discard it without copying and or licensing it to any Bureau, third party or competitors or selling in any way for profit or otherwise.
  • The Customer will not own, the template, the Intellectual Property in all changes made to the Template by the Customer are to be reported to Eden Today. Any modification or use other than intended for is prohibited and The Eden Today will retain ownership of the Intellectual Property in the Template;
  • The Customer accepts full responsibility for use of the template (s). The organization does not warrant that the template will be suitable for the Customer’s needs or that it will provide accurate results, unless the results are shared with Eden Today and discussed with the appropriate party.

7. Data

7.1 The Customer or the client agrees to use in accordance with the Terms and Conditions and diligently with the authority given in the form of access will deal with the Data, template (s) or Website access in the manner contemplated by the Agreement.

7.2 To maintain the Data (results) anonymity and confidentiality pertaining to the Data, the Eden Today will not disclose the results, unless the Customer requires Eden Today to disclose to the guardian, and or required by Law in accordance to State(s) or Federal. Therefore, the Customer accepts full responsibility for the following:

  • all Data entry requirements entered or selected; and
  • expressly provided otherwise in the Agreement, for all aspects of the Customer’s access and use of the Service; and
  • maintaining and deleting (as applicable) the respondents’ data (being part of the Data) while using the Service; and
  • enforcing any applicable data protection policies for your organization that help ensure data confidentiality of respondents; and
  • ensuring that all of the data subjects are of age to legally consent to data collection; and
  • acquiring the parents’ express written consent before collecting data from respondents under the age of consent; and
  • ensuring that, in using the Service, it complies with all applicable laws. The Supplier accepts no responsibility for ensuring that use of the Service will result in the Customer complying with applicable laws or enable the Customer to comply with applicable laws (including for example and without limitation, laws requiring records to be stored in a particular jurisdiction).
  • The organization will notify the Customer/client, if Eden Today becomes aware of any unauthorized access or disclosure of the data (‘Security Breach’). Upon receiving notification of a Security Breach, the Customer is responsible of notifying of the Security Breach measures required to protect their identity within a reasonable amount of time. Thus this type of breach is not liable to Eden Today. Eden Today will not intentionally nor negligently disclose, discard or publicize the customers or clients private information. Review the Privacy Policy, if concerned.

7.3 Nothing in the Agreement transfers ownership of the Data to the customer, all information provided to Eden Today is subject to confidentiality, unless otherwise required by law to disclose results or any information provided.

7.4 All Data can available to the Customer upon request and or submission via application:

  • for the term of the Agreement, via the Service, there may be a fee where applicable unless specified;

7.5. The Eden Today acknowledges that it will or may be obliged to co-operate with the local and foreign authorities in the event that the Customer is found to be in violation of any applicable laws.

8. Intellectual Property

8.1 All Intellectual Property in:

  • the Service and the Website; and
  • processes, methodology and know-how used by the Eden Today in its performance of the Agreement; is the property of the Organization (or its licensors) and nothing in the Agreement operates to change that ownership.

8.2 All Intellectual Property in the data is the property of the Eden Today (or its partners) and nothing in the Agreement operates to change that ownership.

9. Confidential Information

9.1 The parties involved recognize and acknowledge the confidential nature of the Confidential Information.

9.2 Neither party may use or disclose any Confidential Information other than:

  • to its employees, directors or contractors to the extent necessary in the performance of the Agreement; or
  • with the express prior written consent of the other party to whom it concerns; or
  • to its professional advisers.

9.3 The Eden Today may and can refer to the Customer/client in marketing materials with the consent of the party involved.

10. Warranties

10.1 Each party warrants to the other that it has authority to enter into and perform and the ability to perform its obligations under the Agreement.

10.2 Except as expressly provided in these terms and conditions, all warranties, terms and conditions (including, without limitation, warranties and conditions as to fitness for purpose), whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law.

11. Termination

11.1 Either party may terminate the Agreement immediately if the other party:

  • breaches any of its obligations under the Agreement and fails to remedy the breach within reasonable time of receiving notice requiring the breach to be remedied; or
  • becomes insolvent or goes into liquidation or has a receiver or statutory attorney appointed over its assets or ceases to carry on business or makes any arrangement with its creditors.

11.2 On termination of the Agreement:

  • all amounts due to the Eden Today will become due immediately and payable;
  • the organization will cease to provide the Service to the Customer, and the Customer will cease to have any entitlement to use the Service;
  • the provisions of the Agreement that are by their nature intended to survive termination will remain active binding both or multiple parties to the agreement.

12. Liability

12.1 The Organization will only be liable for losses (excluding loss of business or profits) which flow directly from a breach of the Agreement up to a maximum of the amount paid by the Customer/client to the organization within treasonable time preceding the event giving rise to the claim under the Agreement.

12.2 The Customer indemnifies the Organization against any losses, costs (including legal costs), expenses, demands or liability whether direct, indirect, consequential or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising (whether directly or indirectly) out of a claim by Eden Today or its affiliates in respect of the Customer’s use of the Service or the Website, provided that this indemnity does not apply:

  • if the Customer’s use of the Service has been only as intended by the organization; or
  • to the extent that the claim has arisen as a direct result of the organization’s negligence.

12.3 The Customer acknowledges that:

  • in using the Service, the Customer may be redirected to the Eden Today websites or its affiliate and/or elect to use third party products and services;
  • access or use by the Customer of any such third party websites, products or services is subject to the third party’s terms and conditions; and
  • the Eden Today accepts no responsibility or liability for or in connection with access or use by the Customer of any such third party websites, products or services.

13. Dispute Resolution

13.1 In the event of any dispute may arise between the parties in relation to this Agreement, either party may choose not to commence any proceedings relating to the dispute, unless that party has complied with the procedures in this clause 12.

13.2 The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations. The other party must within reasonable time of receipt of the notice, give written notice to the first party naming its representative for the negotiations. Each nominated representative will have authority to settle or resolve the dispute. The parties will co-operate with each other and endeavor to resolve the dispute through discussion and negotiation. Unless otherwise the case requires litigation and adjudication by the Judge.

14. Consumer guarantees

14.1 The Customer acknowledges that where it is acquiring the Service (s) for the purposes of a business or personal evaluation and or pupil under their guardianship, to the extent permitted by the relevant legislation, any statutory consumer guarantees or legislation that are intended to apply to the parties involved.

15. General

15.1 Entire agreement: The Agreement constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of the Agreement.

15.2 Waiver: No exercise or failure to exercise or delay in exercising any right or remedy by a party will constitute a waiver by that party of that or any other right or remedy available to it.

15.3 Partial invalidity: If any provision of the Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of the Agreement and its application will not be affected and will remain enforceable to the greatest extent permitted by law.

15.4 Independent contractor: An independent contractor to the Customer and is in all respects independent of the Customer. Nothing in the Agreement constitutes either party a partner, agent, employee or joint venture of the other.

15.5 Suspension: The Eden Today may suspend performance of its obligations under the Agreement for so long as it is unable to perform for reasons outside of its control.

15.6 Assignment: The Customer is not permitted to assign its rights under the Agreement.

16. Notices

16.1 Except where the Agreement anticipates that notifications will be made via the Website, email, mail or the phone. The notices to the Customer under the Agreement will be sent to the Customer via Website, email, mail or the phone contact details specified in the Customer Information. The Customer is responsible for notify the Eden Today of a change to the email contact details specified in the Customer Information. Notices from the Customer about the contact information changed may be communicated Via Website, email, mail or the phone under the Agreement.

16.2 Notices sent by Website, email, mail or the phone to the customer will be deemed received on sending, provided that the sender does not receive an automatic delivery failure notification.

17. Governing law and jurisdiction

17.1 The Agreement is governed by the laws of Georgia, United States. The parties hereby submit to the non-exclusive jurisdiction of the courts of United States.