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Pre-Order Terms & Conditions

Pre-Order Terms and Condition.

Last Updated: September 16, 2019
These terms and conditions of sale (“Terms”) contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read these Terms carefully.
These Terms govern the placing of pre-orders (“Pre-Order”) with Ensembl Inc. (“Ensembl” or “we”, “us” or “our”) for Ensembl products, including STACK (“Products”), or services through Ensembl’s website located at https://www.getensembl.com/ (“Website”). The Pre-Order service offered by Ensembl allows you to order Products before it becomes available on our Website, through our partners or other distribution channels.
By placing your Pre-Order for Ensembl Products you affirm that you are of the legal age to enter into these Terms, and that you have read, understood and you accept and are legally bound by these Terms, including Ensembl’s Privacy Policy (available at www.getensembl.com/legal ). You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions. If you do not accept to be bound by these Terms, please do not submit your Pre-Order and leave the Website immediately.
You may not Pre-Order or obtain Products from Ensembl or this Website if you: (i) do not agree to these Terms, (ii) are not the older of (a) at least 18 years of age or (b) legal age to form a binding contract with Ensembl, or (iii) are prohibited from accessing or using this Website or any of this Website’s contents, products or services by applicable law.
We reserve the right to modify the above Terms at any time without notice. The date of the most recent update is noted at the bottom of this page. You should review these Terms before purchasing any Product or services that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms and Conditions of Use (available at www.getensembl.com/legal) that apply generally to the use of our Website. You should also carefully review our Privacy Policy (available at www.getensembl.com/legal) before placing an Pre-Order for Products or services through this Website.
Pre-Order Registration
When placing an Pre-Order for the Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Ensembl shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your Product being shipped by sending an e-mail to support@getensembl.com and/or updating your account information through our Website, additional applicable charges may apply if you change your shipping address (see Shipping and International Orders section below for details).
Pre-Order and Acceptance
You agree that your Pre-Order is an offer to buy, under these Terms, all Products and services listed in your Pre-Order. All Pre-Orders must be accepted by us or we will not be obligated to sell the Products or services to you. We may choose not to accept Pre-Orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Ensembl may decline or delay Pre-Order to avoid oversubscription or as it deems appropriate. In such case, Ensembl will notify you as soon as reasonably practicable and refund to you the applicable payment in full.  For the purposes of clarity, nothing in these Terms shall require Ensembl to complete the Pre-Order of Products.
Prices
In order for you offer to be eligible for Ensembl’s acceptance, you must pay the applicable Pre-Ordered Product price as listed in your Pre-Order statement. All prices and Product Pre-Orders are quoted and shall be processed in US Dollars. For customer’s whose shipping address is Canada and the US, your price is inclusive of taxes and standard shipping costs. For customers whose shipping address is outside of Canada and the US, your price does not include taxes or import duties and may be subject to additional international shipping and handling fees.  You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, discounts and promotions posted on this Website are subject to change without notice. The price charged for a Product or service will be the price advertised on this Website at the time the Pre-Order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time, to modify the prices of Products at any time in light of such errors, inaccuracies or omissions, without prior notice, and to cancel any Pre-Orders arising from such occurrences. If there is such an error in pricing, Ensembl will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of a Pre-Order. We accept approved credit cards and other payment methods as set forth on our Website, as supported by Shopify through Stripe, for all Pre-Order purchases. When you make a Pre-Order purchase, you authorize us or our third-party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. If you are completing the purchase using a third-party payment processor, that processor’s terms and conditions apply to your payment transaction. Payment does not guarantee acceptance of your Pre-Order.
You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes and duties, if any, regardless of the amount quoted on the Website at the time of your Pre-Order.
Shipping
Pre-Ordered Products are currently not ready for public delivery. Products are expected to be ready to ship in May 2020 subject to reasonable delays in manufacturing, delivery and/or any factors outside of Ensembl’s control. Such date is only an estimate, is subject to change, and Ensembl does not represent or warrant that it will be able to ship the Product by the estimated date.  Commencement of shipping is subject to change without notice to you. As a result, in the event that a delay arises, and the estimated shipment and/or release of the product is not met, Ensembl is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which your Pre-Order was accepted by Ensembl.
International Order
Customers whose shipping address is outside Canada and the US are responsible for complying with their local laws and regulations. When you place an order and select a shipping address outside of Canada and the United Sates you or your designated consignee are the Importer of Record and as such are authorizing Ensembl to import the goods to your destination country on your behalf. Furthermore, you agree that Ensembl may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker).
Additionally, for those customers whose shipping and/or billing address is outside Canada and the US you must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction These charges are your responsibility. Please check with your province, state and/or country’s customs office to determine what these additional costs will be prior to completing your Pre-Order.
Transfer of Risk of Loss and Title
All Product(s) purchased from Ensembl are delivered to you by a third-party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss or damage at the time of delivery by Ensembl of the Product(s) to the third-party delivery company. Claims against the third-party delivery company for loss or damage during shipping are your responsibility. We are not liable for any delays in shipments.
 
Cancellation
You may cancel this Pre-Order at any time for any or no reason prior to our email notice to you requesting your confirmation of your shipping address. If you cancel your Pre-Order prior to or within 10 days of us sending our email notice to you requesting confirmation of your shipping address, you will obtain a full refund of the purchase price without interest. After 10 days of our email notice requesting confirmation of your shipping address, your order is final, non­-cancelable and non­refundable, except as specified in these Terms. Ensembl may cancel your order at any time for any or no reason. If Ensembl cancels your Pre-Order you will receive a full refund of the purchase price without interest.
Product Purchases and User Accounts
If you register on the Website for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your electronic devices and your account, and you agree to accept responsibility for all activities that occur under your account or password. Ensembl reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
Use and Use Restrictions
You represent and warrant that you are buying Products or services from the Website for your own personal use or for gifting purposes only, and not for resale, commercial use or export. You further warrant that you will not reverse engineer the Products or use it to create competitive Products. Ensembl reserves the right to take legal action against unauthorized and unofficial sale of Products.
Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including, but not limited to, health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. You may request information about the Product from Ensembl to assist you in making your determination, but Ensembl will not be liable for errors in that information or for your determination.
You must also use the Product in strict accordance with the user documentation provided together with the Product.
Intellectual Property
Ensemble is and will remain the sole and exclusive owners of all intellectual property rights in and to each Product and service made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or services made available through this Website, or of any intellectual property rights relating to those Products or services. Further, Ensembl reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.
 
Online Content
(a) Our Content
All of the content that appears on the Website, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Ensembl (“Content”). We either own or have a license to all such Content.
Subject to your compliance with these Terms, Ensembl grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Website, Products and services and solely for your personal and non-commercial purposes.
(b) User Content
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Website, Products and services you hereby grant to Ensembl a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Website, Products and services and Ensembl’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Website, Products and services (and derivative works thereof) in any media formats and through any media or social channels (whether now known or hereafter devised). You understand that Ensembl is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
You understand that your content, including User Content (but not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Except where prohibited by law, by submitting or uploading User Content through the Website, Products and services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Ensembl as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Ensembl on or through the Website, Products and services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(c) Ensembl-Tagged Media
The Site includes the Ensembl, Inc page located at @getensembl, which extracts content from our users and customers who share photos and videos on Instagram using Ensembl’s brand hashtags, including #getSTACK, #getensembl, #cometogether, #domore, #domoredobetter or tagging the Ensembl Instagram account @getensembl (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Ensembl’s marketing, advertising and social media channels, Website or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Website, Products and services and similar promotional purposes, including after you terminate your Account or your use of the Website, Products and services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
(d) DMCA/Copyright Policy
Ensembl respects copyright law and expects its users to do the same. It is Ensembl’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Feedback
We welcome feedback, comments, reviews of the Products you purchase through us, and suggestions for improvements to the Website, Products or services (“Feedback”). You can submit Feedback by emailing us at support@getensembl.com or by reviewing a particular Product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Privacy
We respect your privacy and are committed to protecting it. Our Website Privacy Policy, governs the processing of all personal information collected from you in connection with your Pre-Order of Products or services through the Website.
Limited Warranty and Disclaimer
Any warranty we make available for our Products will be published before we ship the Product, and you will have the opportunity to rescind your offer and receive a full refund of all amounts you paid if the warranty terms are not to your liking.
Specifications for our Products may change from the specifications currently published on our Website, in our promotional materials or in our communications with you. Ensembl may make any changes to the Product or its specifications at any time in its sole discretion.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING (i) ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
ENSEMBL DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. ENSEMBL DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.
Limitation of Liability
IN NO EVENT SHALL ENSEMBL, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILAITES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS OR LICENSORS  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, CLAIM OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, and in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE WEBSITE OR [ONE HUNDRED DOLLARS (CAD$100) IF YOU HAVE NOT ANY ANY PAYMENT OBLIGATIONS TO ENSEMBL, AS APPLICABLE.
Indemnity
You shall defend, indemnify and hold harmless Ensembl and its officers, directors, officers, employees, agents, affiliates, contractors, interns, licensors and suppliers (“Indemnitees”) from and against any claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Applicable Laws
These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law provisions. The Ontario Superior Court of Justice will have exclusive jurisdiction to resolve any disputes relating to these Terms. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
General Terms
(a) Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
(b) Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
(c) No Waivers
The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Ensembl.
(d) Entire Agreement
These Terms, our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms, and supersede all communications, representations or agreements, either oral or written, between Ensembl or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
Termination
We may terminate your access to and use of the Website and related services at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us at support@getensembl.com. Upon any termination, discontinuation or cancellation of services or your Account, the following sections will survive: Intellectual Property, User Content, Payments, Feedback, Limited Warranty and Disclaimer, Limitation of Liability, Indemnity, Applicable Law, and General Terms.
Contact Us
If you have any questions or concerns about these Terms, you can contact us in writing at support@getensembl.com.