Terms of Use & Privacy Policy

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

[You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our [THE INDIGENOUS GARDENER]'s use of cookies in accordance with the terms of [THE INDIGENOUS GARDENER]'s [privacy policy/cookies policy].]

 

License to use website

 

Unless otherwise stated, [THE INDIGENOUS GARDENER] and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

  • republish material from this website (including republication on another website) without the consent of the editor, unless material is made shareable.

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website; or

  • redistribute material from this website except for content specifically and expressly made available for redistribution.

 

Where content is specifically made available for redistribution, it may only be redistributed on the various sharing sites indicated. 

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [THE INDIGENOUS GARDENER'S] express written consent.

 

[You must not use this website to transmit or send unsolicited commercial communications.]

 

[You must not use this website for any purposes related to marketing without [THE INDIGENOUS GARDENER'S] express written consent.] 

 

[Restricted access

 

[Access to certain areas of this website is restricted.]  [THE INDIGENOUS GARDENER] reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at [THE INDIGENOUS GARDENER'S] discretion.

 

If [THE INDIGENOUS GARDENER] provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

[[THE INDIGENOUS GARDENER] may disable your user ID and password in [THE INDIGENOUS GARDENER'S] sole discretion without notice or explanation.]

 

[User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to [THE INDIGENOUS GARDENER] a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to [THE INDIGENOUS GARDENER] the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or [THE INDIGENOUS GARDENER] or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

 

[THE INDIGENOUS GARDENER] reserves the right to edit or remove any material submitted to this website, or stored on [THE INDIGENOUS GARDENER'S] servers, or hosted or published upon this website.

 

[Notwithstanding [THE INDIGENOUS GARDENER'S] rights under these terms and conditions in relation to user content, [THE INDIGENOUS GARDENER] does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  [THE INDIGENOUS GARDENER] makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, [THE INDIGENOUS GARDENER] does not warrant that:

 

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

[THE INDIGENOUS GARDENER] will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • [to the extent that the website is provided free-of-charge, for any direct loss;]

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if [THE INDIGENOUS GARDENER] has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit [THE INDIGENOUS GARDENER'S] liability in respect of any:

 

  • death or personal injury caused by [THE INDIGENOUS GARDENER'S] negligence;

  • fraud or fraudulent misrepresentation on the part of [THE INDIGENOUS GARDENER]; or

  • matter which it would be illegal or unlawful for [THE INDIGENOUS GARDENER] to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, [THE INDIGENOUS GARDENER] has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against [THE INDIGENOUS GARDENER'S] officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect [THE INDIGENOUS GARDENER'S] officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as [THE INDIGENOUS GARDENER].

 

Unenforceable provisions

 

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify [THE INDIGENOUS GARDENER] and undertake to keep [THE INDIGENOUS GARDENER] indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by [THE INDIGENOUS GARDENER] to a third party in settlement of a claim or dispute on the advice of [THE INDIGENOUS GARDENER'S] legal advisers) incurred or suffered by [THE INDIGENOUS GARDENER] arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to [THE INDIGENOUS GARDENER'S] other rights under these terms and conditions, if you breach these terms and conditions in any way, [THE INDIGENOUS GARDENER] may take such action as [THE INDIGENOUS GARDENER] deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

[THE INDIGENOUS GARDENER] may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

[THE INDIGENOUS GARDENER] may transfer, sub-contract or otherwise deal with [THE INDIGENOUS GARDENER'S] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions, together with our Privacy Policy, Cookies Policy, Copyright Notice, Linking Policy, Website, Disclaimer, Anti-spam Policy, and Legal Disclaimer,  constitute the entire agreement between you and [THE INDIGENOUS GARDENER] in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.

 

PRIVACY STATEMENT

 

Your privacy is important to [THE INDIGENOUS GARDENER].  This privacy statement provides information about the personal information that [THE INDIGENOUS GARDENER] collects, and the ways in which [THE INDIGENOUS GARDENER] uses that personal information.

 

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Personal information collection

 

[THE INDIGENOUS GARDENER] may collect and use the following kinds of personal information:

 

  • [information about your use of this website (including [name, address, phone number, age, marital status, spoken language, contact details, or any other information you use to register for the website ]);]

  •  [any other information that you send to [THE INDIGENOUS GARDENER].]

 

Using personal information

 

[THE INDIGENOUS GARDENER] may use your personal information to:

 

  • [administer this website;]

  • [personalise the website for you;]

  • [enable your access to and use of the website services;]

  • [publish information about you on the website;]

  • [send to you products that you purchase;]

  • [supply to you services that you purchase;]

  • [send to you statements and invoices;]

  • [collect payments from you; and]

  • [send you marketing communications such as newsletters and promotional material.]

 

Where [THE INDIGENOUS GARDENER] discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

 

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, [THE INDIGENOUS GARDENER] may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

 

We take your privacy seriously; we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given The Indigenous Gardener your consent, you no longer wish The Indigenous Gardener to use or share your personal information, you may at any stage withdraw your consent.

 

We collect and freely use and distribute non-identifying and aggregate (added up) information for the purposes of upgrading our Site and making it easier for you to use. This information does not include your personal Information.

 

We collect and freely use and distribute non-identifying and aggregate (added up) information for the purposes of upgrading our Site and making it easier for you to use. This information does not include your personal Information.

 

Securing your data

 

[THE INDIGENOUS GARDENER] will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

 

[THE INDIGENOUS GARDENER] will store all the personal information you provide on its secure servers.

 

When you use the products, services, facilities, tools or utilities provided by The Indigenous Gardener on the Site, you may be given an access number, , password and/or personal identification number (“PIN”). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.

The Indigenous Gardener cannot be held responsible for security breaches occurring on your electronic device (personal computer or other electronic device used to browse the Site), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device.

 

CORRECTION OF PERSONAL INFORMATION

To update or correct any of your personal information held by The Indigenous Gardener, please e-mail or phone our contact centre.

 

PERSONAL INFORMATION HELD BY OR DISCLOSED BY YOU OR THE INDIGENOUS GARDENER TO A THIRD PARTY

Because The Indigenous Gardener is not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to the Site, websites facilitated by us or websites that serve as social networks like Facebook or Twitter), The Indigenous Gardener does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.

 

Cross-border data transfers

 

Information that [THE INDIGENOUS GARDENER] collects may be stored and processed in and transferred between any of the countries in which [THE INDIGENOUS GARDENER] operates to enable the use of the information in accordance with this privacy policy.

 

[In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.]

 

You agree to such cross-border transfers of personal information.

 

Updating this statement

 

[THE INDIGENOUS GARDENER] may update this privacy policy by posting a new version on this website. 

 

You should check this page occasionally to ensure you are familiar with any changes. Your continued use of the website constitutes your acceptance of all changes to all policies.

 

Other websites

 

This website contains links to other websites. 

 

[THE INDIGENOUS GARDENER] is not responsible for the privacy policies or practices of any third party.

 

Contact [THE INDIGENOUS GARDENER]

 

If you have any questions about this privacy policy or [THE INDIGENOUS GARDENER'S] treatment of your personal information, please write:

 

 

 

 

ANTI-SPAM POLICY

 

 

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

What is spam?

 

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. 

 

[THE INDIGENOUS GARDENER] has a zero-tolerance spam policy.

 

Automated spam filtering

 

[THE INDIGENOUS GARDENER]'s messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam. 

 

Problems with spam filtering

 

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by [THE INDIGENOUS GARDENER'S] systems. 

 

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

 

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

 

[User spam

 

[THE INDIGENOUS GARDENER] provides a facility that enables users to send [email messages / private messages] to others.  Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purpose.  Full terms and conditions concerning the use of the facility are set out in [DOCUMENT].]

 

[Receipt of unwanted messages from [THE INDIGENOUS GARDENER]

 

In the unlikely event that you receive any message from [THE INDIGENOUS GARDENER] or sent using [THE INDIGENOUS GARDENER'S] systems that may be considered to be spam, please contact [THE INDIGENOUS GARDENER] using the details below and the matter will be investigated.]

 

Changes to this anti-spam policy

 

[THE INDIGENOUS GARDENER] may amend this anti-spam policy at any time by publishing a new version on this website.

 

Contact us

 

Should you have any questions about this anti-spam policy, please contact [THE INDIGENOUS GARDENER] using the details set out below:

anno@theindigenousgardener.co.za

072 6025610

 

COOKIES POLICY

 

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

About cookies

 

This website uses cookies.  By using this website and agreeing to this policy, you consent to [THE INDIGENOUS GARDENER]'s use of cookies in accordance with the terms of this policy.

 

Cookies are files sent by web servers to web browsers and stored by the web browsers.

 

The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers.

 

There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

 

Cookies on our website

 

The Indigenous Gardener uses cookies, including similar technologies.  The word “cookie” refers to information that is sent from the Site to your hard drive, where it is saved.  In this way, the next time you use the Site, The Indigenous Gardener will know who you are and that you have visited the Site before.  We also collect information about how you use the website, your preferences and past browsing history.  Cookies allow us to provide you with an enhanced experience and customised content and services.  We are able to provide our advertisers with the ability to direct relevant advertisements to their audiences.  We are able to track the responses to advertising.  

 

Google cookies

 

[[THE INDIGENOUS GARDENER] uses Google Analytics to analyse the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information.  Google's privacy policy is available at http://www.google.com/privacypolicy.html.]

 

 

Refusing cookies

 

Most browsers allow you to refuse to accept cookies. 

 

In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. 

 

In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

 

Blocking cookies will have a negative impact upon the usability of some websites.

 

If you require more information on this aspect, please visit  www.allaboutcookies.org

 

LINKING POLICY

 

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Status of linking policy

 

[THE INDIGENOUS GARDENER] welcomes links to this website [made in accordance with the terms of this linking policy].

 

[This linking policy is intended to assist you when linking to this website.] OR [By using this website you agree to be bound by the terms and conditions of this linking policy.]

 

Links to this website

 

Links pointing to this website should not be misleading. 

 

Appropriate link text should always be used.

 

[From time to time the URL structure of this website may be updated, and unless [THE INDIGENOUS GARDENER] agrees in writing otherwise, all links should point to www.theindigenousgardener.co.za

 

You must not use the [THE INDIGENOUS GARDENER] logo to link to this website (or otherwise) without [THE INDIGENOUS GARDENER's] express written permission.

 

You must not link to this website using any inline linking technique.

 

You must not frame the content of this website or use any similar technology in relation to the content of this website.

 

Links from this website

 

This website includes links to other websites owned and operated by third parties.  These links are not endorsements or recommendations. 

 

[THE INDIGENOUS GARDENER] has no control over the contents of third party websites, and [THE INDIGENOUS GARDENER] accepts no responsibility for them or for any loss or damage that may arise from your use of them.

 

[Removal of links

 

You agree that should [THE INDIGENOUS GARDENER] request the deletion of a link to our website that is within your control, you will delete the link promptly.

 

If you would like [THE INDIGENOUS GARDENER] to remove a link to your website that is included on this website, please contact [THE INDIGENOUS GARDENER] using the contact details below.  Note that unless you have a legal right to demand removal, such removal will be at our discretion.]

 

Changes to this linking policy

 

[THE INDIGENOUS GARDENER] may amend this linking policy at any time by publishing a new version on this website.


Should you have any questions about this linking policy, please contact [THE INDIGENOUS GARDENER] using the details set out below:

 

Contact us: anno@theindigenousgardner.co.za

072 6025610

 

COPYRIGHT NOTICE

 

Copyright © [YEAR OF FIRST PUBLICATION - 2012 THE INDIGENOUS GARDENER

 

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Ownership of copyright

 

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by [THE INDIGENOUS GARDENER] [and its licensors].

 

Copyright license

 

[THE INDIGENOUS GARDENER] grants to you a worldwide non-exclusive royalty-free revocable license to:

 

  • view this website and the material on this website on a computer or mobile device via a web browser;

  • copy and store this website and the material on this website in your web browser cache memory; and

  • print pages from this website for your own [personal and non-commercial] use.

 

[THE INDIGENOUS GARDENER] does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

 

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without [THE INDIGENOUS GARDENER'S] prior written permission.  

 

Data mining

 

The automated and/or systematic collection of data from this website is prohibited.

 

Permissions

 

You may request permission to use the copyright materials on this website by writing to [EMAIL ADDRESS] or [ADDRESS].

 

Enforcement of copyright

 

[THE INDIGENOUS GARDENER] takes the protection of its copyright very seriously.

 

If [THE INDIGENOUS GARDENER] discovers that you have used its copyright materials in contravention of the license above, [THE INDIGENOUS GARDENER] may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

 

If you become aware of any use of [THE INDIGENOUS GARDENER'S] copyright materials that contravene or may contravene the license above, please report this by email to [EMAIL ADDRESS] or by post to [ADDRESS].

Infringing material

 

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to

anno@theindigenousgardener.co.za

 

LEGAL DISCLAIMER

 

Credit: This document was created using a Contractology template available at http://www.contractology.com.  

 

No advice

 

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.

 

Limitation of warranties

 

The legal information on this website is provided “as is” without any representations or warranties, express or implied.  [THE INDIGENOUS GARDENER] makes no representations or warranties in relation to the legal information on this website. 

 

Without prejudice to the generality of the foregoing paragraph, [THE INDIGENOUS GARDENER] does not warrant that:

 

  • the legal information on this website will be constantly available, or available at all; or

  • the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

 

Professional assistance

 

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.  

 

If you have any specific questions about any legal matter you should consult your attorney or other professional legal services, provider.

 

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

 

Liability

 

Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law or exclude any of our liabilities that may not be excluded under applicable law.

WEBSITE DISCLAIMER

 

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  [THE INDIGENOUS GARDENER] makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, [THE INDIGENOUS GARDENER] does not warrant that:

 

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

[THE INDIGENOUS GARDENER] will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • [to the extent that the website is provided free-of-charge, for any direct loss;]

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if [THE INDIGENOUS GARDENER] has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit [THE INDIGENOUS GARDENER'S] liability in respect of any:

 

  • death or personal injury caused by [THE INDIGENOUS GARDENER'S] negligence;

  • fraud or fraudulent misrepresentation on the part of [THE INDIGENOUS GARDENER]; or

  • matter which it would be illegal or unlawful for [THE INDIGENOUS GARDENER] to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, [THE INDIGENOUS GARDENER] has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against [THE INDIGENOUS GARDENER'S] officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect [THE INDIGENOUS GARDENER'S] officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as [THE INDIGENOUS GARDENER].

 

Unenforceable provisions

 

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.