PLEASE READ THESE RESERVATION TERMS CAREFULLY. BY ACCESSING OR
PARTICIPATING IN THE GENESISORB RESERVATION PROGRAM, YOU AGREE TO BE
BOUND BY THESE TERMS, WHICH ALSO INCORPORATE THE TERMS OF USE , AND
PRIVACY POLICY (COLLECTIVELY, "RESERVATION TERMS"). IF YOU DO NOT
AGREE TO THESE RESERVATION TERMS, DO NOT ACCESS OR PARTICIPATE IN
THE GENESISORB RESERVATION PROGRAM. THESE RESERVATION TERMS ARE
ENTERED INTO BETWEEN YOU AND GENESISORB, DOING BUSINESS AS
GENESISORB (“GENESISORB”).
By making your reservation, you understand and agree to the
following:
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PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO
MANDATORY ARBITRATION FOR USERS IN NIGERIA OTHER FOREIGN
COUNTRIES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE
RELATED TO YOUR USE OF THIS SITE OR THESE RESERVATION TERMS TO
BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS
PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT
YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART
OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
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By participating in this Program you are agreeing to these
Reservation Terms and have read and understood the GenesisOrb
Privacy Policy and Terms of Use. In the event of any conflict
between the Terms of Use and these Reservation Terms, the
Reservation Terms control.
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These Reservation Terms are not an agreement to purchase a
GenesisOrb Electric Talking Drum (the “Talking Drum”) or
GenesisOrb Acoustic or Semi-Acoustic (the “Acoustic or
Semi-Acoustic”), nor do they constitute a purchase or order of a
GenesisOrb Electric Talking Deum or Acoustic & Semi-Acoustic
Talking Drum and will not be recognized as such in official
company communications.
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Each payment made under the Reservation Terms (the “First
Reservation Payment”) secures an approximate reservation position
to place an order for the purchase of Electric Talking Drum or
Semi-Acoustic Talking Drum or Acoustic Talking Drum. The user may
make a second reservation by making an additional payment (a
“Second Reservation Payment”) for an additional Electric Talking
Drum or Semi-Acoustic Talking Drum or Acoustic Talking Drum. The
time of delivery of the Electric Talking Drum or Semi-Acoustic
Talking Drum or Acoustic Talking Drum will depend upon time of
production and relevant place in time of your reservation. For the
avoidance of doubt, a user may make a First Reservation Payment
and a Second Reservation Payment for any combination of two (2)
Electric Talking Drum or Semi-Acoustic Talking Drum or Acoustic
Talking Drum.
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A reservation becomes effective under these Reservation Terms once
GenesisOrb receives the full deposit of the stipulated price as
displayed on the website (or subsequent deposit for a second
reservation) and you accept these Reservation Terms. 6. When the
start of production for a reservation nears, you will be notified
and given the opportunity to convert your reservation into a final
purchase order which will only include the applicable taxes, and
delivery charges.
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You may cancel a reservation at any time, for any reason or no
reason, by sending notice to GenesisOrb, on the website, or
contacting support (genesisorb.ltd@gmail.com) at any time prior to
submitting a final purchase order for the Electric Talking Drum or
Semi-Acoustic Talking Drum or Acoustic Talking Drum.
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Each Reservation Payment is fully refundable in the event you
cancel your reservation at any time prior to entering into the
final purchase order. All refunds will be made within 60 days of
receipt of written notice of cancellation, provided the correct
payment details are provided to GenesisOrb.
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If you proceed with the order, GenesisOrb will apply the First
Reservation Payment towards the purchase of the first Electric
Talking Drum or Semi-Acoustic Talking Drum or Acoustic Talking
Drum, and, if applicable, the Second Reservation Payment towards
the purchase of the second Electric Talking Drum or Semi-Acoustic
Talking Drum or Acoustic Talking Drum.
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GenesisOrb will not pay any interest on the First Reservation
Payment or the Second Reservation Payment, regardless of whether
the payments are applied to the purchase of a Electric Talking
Drum or Semi-Acoustic Talking Drum or Acoustic Talking Drum, or if
the Reservation Payment is returned to you.
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Reservations are limited to two reservations in any combination of
Electric Talking Drum or Semi-Acoustic Talking Drum or Acoustic
Talking Drum per user.
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A reservation is not transferable or assignable to another party.
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GenesisOrb may cancel a reservation at any time, for any reason or
no reason, by sending notice to you. In the event your reservation
is cancelled by GenesisOrb, you will receive a full refund within
60 days of the cancellation.
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GenesisOrb may ask you to provide further information it deems
necessary to secure your reservation(s), which you agree to supply
in a reasonably timely manner. GenesisOrb will maintain your
personal information in accordance with its Privacy Policy.
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Through the Reservation Terms, GenesisOrb makes no representations
on the development or definitive delivery dates for the Electric
Talking Drum or Semi-Acoustic Talking Drum or Acoustic Talking
Drum. Production and delivery dates may vary from region to region
at the sole discretion of GenesisOrb.
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Through the Reservation Terms, GenesisOrb makes no representations
on the final design, specifications or price of the Electric
Talking Drum or Semi-Acoustic Talking Drum or Acoustic Talking
Drum. Final design, specifications and price may change between
the time you pay your Reservation Payment and accept these
Reservation Terms and the time you enter into your final purchase
order.
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GenesisOrb is not responsible for any representations made by
third parties regarding the production, delivery date, price,
specifications, or any other information about the Electric
Talking Drum or Semi-Acoustic Talking Drum or Acoustic Talking
Drum.
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GenesisOrb reserves the right to update, modify, or change these
Reservation Terms at any time upon reasonable notice to you. Upon
notice, if you do not object within twenty days and you continue
to maintain your Reservation Payment, you agree to be bound by the
modified Reservation Terms.
- DISPUTE RESOLUTION
- Purpose. The term "Dispute" means any dispute, claim, or
controversy, except as specifically excluded in Section 20(b)
below, between you and GenesisOrb, or any of GenesisOrb’s current
or former affiliates, including parents or subsidiaries, and any
predecessor or successor entity, arising out of or relating to
your relationship with GenesisOrb or its affiliates, your
Reservation Payment, the production or delivery of the Electric
Talking Drum or Semi-Acoustic Talking Drum or Acoustic Talking
Drum, any of its specification, GenesisOrb's privacy practices, or
the interpretation, application, or enforcement of these
Reservation Terms (including the validity, enforceability or scope
of this Section 20), whether based in contract, statute,
regulation, ordinance, tort (including fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or
equitable theory. The term Dispute is to be given the broadest
possible meaning that will be enforced. If any Dispute should
arise between you and GenesisOrb, or any of GenesisOrb’s officers,
directors, employees and agents that cannot be resolved through
negotiation within the time frame described in the "Notice of
Dispute" clause below, you and GenesisOrb agree to seek resolution
of the Dispute only through arbitration of that Dispute in
accordance with the terms of this Section 20, and not litigate any
Dispute in court, except for those matters listed in the
Exclusions from Arbitration clause. Arbitration means that the
Dispute will be resolved by a neutral arbitrator instead of in a
court by a judge or jury.
- Exclusions from Arbitration. You and
GenesisOrb agree that the following causes of action and/or claims
for relief are exceptions to the Disputes covered by the
arbitration agreement and will be brought in a judicial proceeding
in a court of competent jurisdiction (as outlined in this
arbitration agreement): (i) any claim or cause of action alleging
actual or threatened infringement, misappropriation, or violation
of a party’s copyrights, trademarks, trade secrets, patents, or
other intellectual property rights; (ii) any claim or cause of
action seeking emergency injunctive relief based on exigent
circumstances (e.g., imminent danger or commission of a crime,
hacking, cyber-attack); or (iii) a request for the remedy of
public injunctive relief, where such remedies are permitted and
cannot be waived by applicable law. You or GenesisOrb may
alternatively bring Disputes in small claims court, to the extent
a dispute meets such requirements.
- Opt-Out Right. YOU HAVE THE
RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION
WAIVER WITHIN 60 DAYS. If you do not wish to be bound by the
binding arbitration and class action waiver in this section, you
must notify GenesisOrb in writing within 60 days of the date that
you accept these Reservation Terms unless a longer period is
required by applicable law (the "Opt-Out Deadline"). Your written
notification must be sent to genesisorb.ltd@gmail.com and must
include: (1) your name, (2) your address, (3) the email address
associated with your online account with GenesisOrb, if you have
one, and (4) a clear statement that you do not wish to resolve
Disputes with GenesisOrb through individual arbitration. In order
to validly terminate the arbitration agreement, GenesisOrb must
receive your opt-out notice no later than 3 days afte r the
Opt-Out Deadline for it to be valid. You agree that you must
pursue any claim in arbitration or small claims court if
GenesisOrb does not receive an opt-out notice from you, or if
GenesisOrb receives an opt-out notice from you more than 3 days
after the Opt-Out Deadline. If the opt-out notice is sent on your
behalf by a third party, such third party must include evidence of
his or her authority to submit the opt out notice on your behalf.
To use or assert your opt-out notice to contest the transfer of
any Dispute to arbitration or to compel arbitration of any
Dispute, you hereby agree to keep and present proof of your
opt-out notice and its compliance with the procedures detailed in
these Reservation Terms. You agree that failure to keep and
provide this proof will forfeit your ability to rely on your
opt-out notice to contest arbitration. If, after your initial
acceptance of these Reservation Terms, you have not submitted an
opt-out notice by the Opt-Out Deadline then you are bound by these
Reservation Terms's binding arbitration and class action waiver
provisions. In the event that these Reservation Terms have not
been modified or amended, and You subsequently communicate or
reaffirm your acceptance to these Reservation Terms at a later
time, this Opt-Out Right in this Section 20(c) shall not apply to
that communication or reaffirmation. In the event these
Reservation Terms are modified or amended, you may notify
GenesisOrb in writing, and pursuant to the procedures listed above
in this Section 20(c), within 60-days of the date that you accept
the modifications or amendments to these Reservation Terms, that
you choose to opt out of the modifications and amendments, but
only with regard to the modifications or amendments, if any, that
alter the arbitration and/or class action waiver provisions in
these Reservation Terms.
- Notice of Dispute. IF YOU HAVE A
DISPUTE WITH GENESISORB, YOU MUST SEND WRITTEN NOTICE TO
GENESISORB.LTD@GMAIL.COM TO GIVE GENESISORB THE OPPORTUNITY TO
RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. Your notice
must contain the following information: (1) your name, (2) your
address, (3) your email address or phone number associated with
your account, (4) your online membership ID, if any, (5) a brief
description of the nature of the complaint, and (6) the resolution
sought (together, the “Required Information”). If your notice does
not contain all of the Required Information (or an explanation of
why you are unable to include any of the Required Information),
then the Notice of Dispute shall be without effect, and must be
resent before any arbitration or other legal action may be
initiated against GenesisOrb. This requirement is intended to
inform GenesisOrb that you have a Dispute to be resolved. You and
GenesisOrb agree to negotiate resolution of the Dispute in good
faith for no less than 60 days after you provide notice of the
Dispute. All negotiations under this Section will be confidential
and will be treated as compromise and settlement negotiations
under all applicable laws. If you and GenesisOrb do not resolve
the Dispute within 60 days from receipt of your notice of the
Dispute, you or GenesisOrb may pursue a claim in arbitration
pursuant to the terms in this section.
- Class Action Waiver.
YOU AND GENESISORB AGREE THAT ARBITRATION WILL BE CONDUCTED ONLY
ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION
OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED,
REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU
AND GENESISORB SPECIFICALLY AGREE TO DO SO IN WRITING, EXCEPT AS
OTHERWISE DESCRIBED BELOW IN THIS PARAGRAPH AND THIS SECTION 20.
IF APPLICABLE LAW PRECLUDES ENFORCEMENT OF THE LIMITATION IS THIS
PARAGRAPH AS TO A PARTICULAR REMEDY, THEN A CLAIM SEEKING THAT
REMEDY (AND ONLY THAT REMEDY) MUST BE SEVERED FROM THE ARBITRATION
AND BROUGHT IN COURT. In addition to the AAA Rules, you and
GenesisOrb agree that upon motion of one or more affected parties,
and after providing all other affected parties an opportunity to
be heard, the arbitrator may, in its discretion, coordinate more
than one arbitration proceeding initiated under this arbitration
agreement, in order to promote efficiency in discovery and to
avoid inconsistent legal rulings. For the avoidance of doubt, any
coordination under the preceding sentence will be limited only to
currently pending arbitrations initiated under this agreement, and
the arbitrator may not preside over any form of a representative
or class proceeding. All parties will retain the right to request
an individualized hearing. If a court or arbitrator determines, in
an action between you and GenesisOrb where you purport to bring a
class action, that this class action waiver is unenforceable, this
arbitration agreement will not apply to you. If you opt out of the
arbitration agreement as specified above, this class action waiver
will not apply to you. Neither you, nor any other user, can be a
class representative, class member, or otherwise participate in a
class, consolidated or representative proceeding without having
complied with the opt-out procedure set forth above.
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Initiation of Arbitration/Selection of Arbitrator. If you and
GenesisOrb are unable to resolve a Dispute through the pre-dispute
negotiation process, you or GenesisOrb may then, and only then,
initiate an arbitration proceeding with the Nigerian of Chartered
Arbitrators ("NCA"), in accordance with the rules of the NCA (as
applicable, and as modified by this GenesisOrb including the
Commercial Arbitration Rules and Consumer Arbitration Rules, as
applicable (the “NCA Rules”). The NCA Rules and information about
arbitration and fees are available online at www.nicarb.org or by
calling. The terms of this section govern in the event they
conflict with the NCA Rules. Should the NCA decline to administer
the arbitration or otherwise be unable to administer the
arbitration for any reason, you agree that GenesisOrb shall select
an alternative arbitration forum, and that you will agree in
writing to administration of the arbitration by the alternative
arbitration forum selected by GenesisOrb.
- Arbitration
Procedures. Because GenesisOrb relationship with you, or your use
of website, or the Reservation Payment concern interstate
commerce, the Nigerian Arbitration and Mediation Act ("NAM")
governs the arbitrability of all Disputes. However, applicable
federal or state law may also apply to the substance of any
Disputes. You and GenesisOrb agree that Lagos law will be the
state law that applies to these Reservation Terms. The arbitration
shall be conducted in the English language. GenesisOrb agrees to
pay all filing, administration, and arbitrator fees, other than
the initial filing fee to be paid by you, and if your Dispute is
for less than actual reservation price, GenesisOrb shall reimburse
you for the filing fee upon written request for reimbursement with
documentation of insufficient funds to pay the fee. In the event
that you agree able to demonstrate that the costs of arbitration
would be prohibitive as compared to costs of litigation,
GenesisOrb will pay as much of the filing fee in connection with
the arbitration as the arbitrator deems necessary in order to
prevent the arbitration from being cost-prohibitive as compared to
the costs of litigation. In all other cases, GenesisOrb and you
will bear the fees and expenses for each party's own respective
attorneys, experts, witnesses, and for preparation and
presentation of evidence at the arbitration. The parties agree
that the arbitrator shall award arbitrator compensation,
administrative fees, and the prevailing party’s reasonable
attorney’s fees to the prevailing party in any legal proceeding,
regardless of venue, that resolves a Dispute. Any arbitration will
be confidential, and you and GenesisOrb agree not to disclose the
existence, content, documents, or results of any arbitration,
except as may be required by law or for purposes of enforcement of
the arbitration award.
- Arbitration Location. You or GenesisOrb
shall initiate arbitration in Ikeja, Lagos. In the event any other
legal proceeding takes place outside of arbitration, the parties
agree to be subject to jurisdiction in and hereby choose Ikeja,
Lagos as the parties' exclusive venue.
- Arbitration Award. The
arbitrator will have the power to grant declaratory or injunctive
relief, whether interim or final, only in favor of you
individually and only to the extent necessary to provide relief
warranted by your individual claim without affecting other
customers, and any provisional measures ordered by the arbitrator
may be enforced by any court of competent jurisdiction. Nothing in
this section will prevent you from seeking public injunctive
relief separately from arbitration in court, and any such
application will not be deemed incompatible with the agreement to
arbitrate or as a waiver of the right to arbitrate your individual
claims. You and GenesisOrb agree that any proceedings seeking a
remedy of public injunctive relief will proceed after the
arbitration of all arbitrable Disputes, and will be stayed pending
the outcome of the arbitration (pursuant to section 3 of the
Nigerian Arbitration and Mediation Act.) The arbitrator’s award
will be binding and final, except for any right of appeal provided
by the NAM or these Reservation Terms, and may be entered in any
court having jurisdiction over the parties for purposes of
enforcement.
- Severability. If any clause within this
arbitration agreement (other than the Class Action Waiver clause
above) is found to be illegal or unenforceable, that clause will
be severed from this section, and the remainder of this
arbitration agreement will be given full force and effect. If the
Class Action Waiver clause is found to be illegal or unenforceable
in its entirety, this entire arbitration agreement will be
unenforceable, and the Dispute will be decided by a court.
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Continuation. This section survives any termination of this
agreement or the provision of GenesisOrb products or services to
you.
