These Reservation Terms govern participation in the GenesisOrb Reservation Programme and apply to every person who places a reservation for a GenesisOrb Electric Talking Drum, GenesisOrb Acoustic Talking Drum, or GenesisOrb Semi-Acoustic Talking Drum (each a "Talking Drum") through the GenesisOrb website. By making a Reservation Payment, the user ("you") confirms that they have read, understood, and agreed to be bound by these Reservation Terms, together with GenesisOrb's Terms of Use and Privacy Policy, which are incorporated into these Reservation Terms by reference. Where any conflict arises between the Terms of Use and these Reservation Terms, these Reservation Terms shall prevail for all matters relating to the Reservation Programme. If you do not agree to be bound by these Reservation Terms in their entirety, you must not access or participate in the Reservation Programme.
These Reservation Terms also contain an agreement to resolve disputes by binding individual arbitration and a waiver of the right to participate in class, consolidated, or representative proceedings, as set out more fully below. You are encouraged to read this document carefully, including the arbitration provisions, before making a Reservation Payment.
A Reservation Payment does not constitute, and must not be construed as, an order, purchase, or contract of sale for a Talking Drum. It records your interest in eventually entering into a purchase order and secures an approximate position in GenesisOrb's production and allocation queue. No statement made by GenesisOrb staff, agents, marketing material, or any third party shall be treated as converting a reservation into a binding sale, and GenesisOrb shall not be bound by any such representation unless it is expressly confirmed in writing by an authorised signatory of GenesisOrb.
A reservation becomes effective only once GenesisOrb has received your full Reservation Payment in the amount displayed on the GenesisOrb website at the time of reservation, and you have affirmatively accepted these Reservation Terms. GenesisOrb may, at its sole discretion, decline to accept any reservation or Reservation Payment without being required to give a reason.
Each user may hold a maximum of two reservations at any time, in any combination of Electric, Acoustic, or Semi-Acoustic Talking Drum, secured respectively by a First Reservation Payment and, where applicable, a Second Reservation Payment. GenesisOrb reserves the right to verify identity and to refuse, limit, or cancel reservations that it reasonably believes are duplicated, fraudulent, or made in breach of this limit.
A reservation is personal to the user who made it and is not transferable, assignable, or saleable to any other person or entity, whether for value or otherwise. GenesisOrb is not obliged to recognise or give effect to any purported transfer and may cancel any reservation it identifies as having been transferred in breach of this clause.
GenesisOrb makes no warranty or representation, express or implied, as to production timelines or delivery dates for any Talking Drum. Indicative timelines, where given, are estimates only, are not binding on GenesisOrb, and may shift due to production capacity, supply chain conditions, regulatory requirements, or other factors within or outside GenesisOrb's control. Production and delivery schedules may differ between regions and between users at GenesisOrb's sole discretion, and no user shall be entitled to compensation, refund, or any other remedy solely on account of delay.
The final design, specifications, features, and price of a Talking Drum remain subject to change at GenesisOrb's sole discretion at any time before a final purchase order is concluded. Where the price applicable at the time of conversion to a final purchase order differs from the price displayed at the time of your Reservation Payment, the price prevailing at the time of conversion shall apply, and your Reservation Payment shall be credited toward that price. GenesisOrb shall not be liable for any difference between the indicative price at reservation and the price at the time of purchase.
GenesisOrb is not responsible for, and shall not be bound by, any representation made by any third party (including resellers, distributors, marketers, reviewers, or members of the public) concerning the production, delivery date, price, specifications, or any other attribute of a Talking Drum.
Reservation Payments do not attract interest in favour of the user, whether the payment is ultimately applied toward a purchase, refunded, or otherwise dealt with under these Reservation Terms. Where a final purchase order is entered into, GenesisOrb shall apply the First Reservation Payment toward the first Talking Drum ordered and, where applicable, the Second Reservation Payment toward the second Talking Drum ordered.
You may cancel a reservation at any time before converting it into a final purchase order by giving notice to GenesisOrb through the website or by writing to genesisorb.ltd@gmail.com. Upon a valid cancellation made before conversion to a final purchase order, the corresponding Reservation Payment shall be refunded. GenesisOrb shall process such refunds within sixty (60) days of receiving:
GenesisOrb may cancel a reservation at any time, for any reason or no reason, on notice to the user. Where GenesisOrb cancels a reservation, the user shall receive a refund of the corresponding Reservation Payment within sixty (60) days of cancellation, and such refund shall constitute GenesisOrb's entire liability to the user arising from that cancellation, to the fullest extent permitted by law.
As production for a given Talking Drum approaches, GenesisOrb will notify the user and provide an opportunity to convert the reservation into a final purchase order. A final purchase order, once concluded, shall additionally include applicable taxes and delivery charges, and shall be governed by such further terms of sale as GenesisOrb may specify at that time. A reservation that is not converted into a final purchase order confers no right to receive a Talking Drum.
GenesisOrb may request additional information reasonably necessary to verify, process, or secure a reservation. The user agrees to supply such information promptly, and GenesisOrb may suspend or cancel a reservation where requested information is not provided within a reasonable time. Information collected in this regard shall be handled in accordance with GenesisOrb's Privacy Policy.
GenesisOrb may update, amend, or replace these Reservation Terms at any time, upon reasonable notice to users with active reservations. If you do not object to a modification within twenty (20) days of notice and you maintain your Reservation Payment thereafter, you shall be deemed to have accepted the modified Reservation Terms. Continued maintenance of a reservation following the notice period constitutes acceptance.
Any dispute, claim, or controversy between you and GenesisOrb (including its affiliates, parents, subsidiaries, officers, directors, employees, and agents) arising out of or relating to these Reservation Terms, your Reservation Payment, your reservation, the production, design, specification, or delivery of any Talking Drum, GenesisOrb's privacy practices, or the interpretation, application, validity, or enforceability of these Reservation Terms or of this arbitration clause (a "Dispute") shall, following the pre-arbitration negotiation process described below, be resolved exclusively by final and binding arbitration on an individual basis, and not by litigation in any court, save for the limited exclusions set out at clause 6.2.
The following matters are excluded from the arbitration agreement and may be brought before a court of competent jurisdiction in Lagos State:
Before commencing arbitration, you must send a written Notice of Dispute to genesisorb.ltd@gmail.com containing your name, address, the email address associated with your reservation, your reservation reference (if any), a description of the Dispute, and the resolution you seek. A Notice of Dispute that omits any of this information shall be of no effect and must be corrected and resent before arbitration may be commenced. Following receipt of a compliant Notice of Dispute, the parties shall negotiate in good faith for sixty (60) days. All such negotiations shall be treated as confidential settlement communications. Only if the Dispute remains unresolved at the end of that period may either party commence arbitration.
All arbitrations under these Reservation Terms shall proceed solely on an individual basis. Neither you nor GenesisOrb may bring or participate in any class, consolidated, representative, or private-attorney-general proceeding, and no arbitrator may preside over any such proceeding, except where both parties expressly agree otherwise in writing. Where any limitation in this clause is found unenforceable as to a particular remedy, only the claim for that specific remedy shall be severed for determination in court, with all remaining claims continuing in arbitration. The arbitrator may, on application, coordinate multiple pending individual arbitrations arising from materially similar facts for efficiency, but such coordination shall not constitute or permit a class or representative proceeding.
Arbitration shall be administered by the Lagos Court of Arbitration in accordance with its applicable rules (the "Rules"), as modified by this clause, save where the Rules conflict with these Reservation Terms, in which case these Reservation Terms shall govern. Should the Lagos Court of Arbitration decline or be unable to administer a given arbitration, GenesisOrb shall select an alternative arbitral institution, and the user agrees to that selection.
The Arbitration and Mediation Act 2023 governs the arbitrability of all Disputes, and the substantive law of Lagos State, Nigeria shall apply to these Reservation Terms and to the merits of any Dispute. The seat and venue of arbitration shall be Lagos, Nigeria, and the arbitration shall be conducted in the English language by a sole arbitrator. For any proceeding outside arbitration permitted under clause 6.2, the parties submit to the exclusive jurisdiction of the courts sitting in Lagos State.
Each party shall bear its own filing fee, and its own costs of legal representation, experts, witnesses, and evidence preparation, save that the arbitrator may award costs and reasonable legal fees to the prevailing party in accordance with the Rules. GenesisOrb may, at its sole discretion, agree to bear or contribute toward a user's filing fee in cases of demonstrated financial hardship, but is under no obligation to do so unless ordered by the arbitrator.
The arbitrator may grant declaratory or injunctive relief only in so far as necessary to satisfy an individual claimant's own Dispute, and may not award relief benefiting or purporting to bind any person who is not a party to the arbitration. Nothing in this clause prevents a user from separately seeking public injunctive relief in court to the extent such relief is permitted under clause 6.2; any such court proceeding shall be stayed pending the outcome of the related arbitration. The arbitrator's award shall be final and binding, subject only to any right of appeal or challenge available under the Arbitration and Mediation Act 2023, and may be enforced in any court of competent jurisdiction.
If any part of this clause 6, other than the class action waiver in clause 6.4, is held unenforceable, that part shall be severed and the remainder of this clause shall continue in full force. If the class action waiver in clause 6.4 is held unenforceable in its entirety, this entire arbitration agreement shall be void, and any Dispute shall instead be resolved exclusively before the courts of Lagos State. This clause 6 survives the termination, cancellation, or expiry of your reservation and of these Reservation Terms.
These Reservation Terms, together with the Terms of Use and Privacy Policy, constitute the entire agreement between you and GenesisOrb concerning the Reservation Programme and supersede any prior understanding on that subject. GenesisOrb's failure to enforce any provision of these Reservation Terms shall not be treated as a waiver of that provision or of GenesisOrb's right to enforce it on a future occasion. If any provision of these Reservation Terms other than clause 6 is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.