Pre-sale Terms and Conditions
Canary Agri
Effective from 15th September 2017

Welcome!

This website, located at www.canaryagri.com or any other website where these terms are posted (including any subdomains and versions thereof, the “site”) is owned and operated by Canary Agri, please read these terms & conditions for online offers to purchase (the “terms”) carefully. By using our site and purchasing our Canary Agri monitor you agree to be legally bound by these terms.

Using the product requires an active internet connection and an account on the Canary Agri, content management and distribution service, which will be operational at www.canaryagri.com when product is shipped. Use of the service is subject to the Canary Agri terms of service, which we reserve the right to alter these terms at any time.

Canary Agri

  1. Pre-order
    Each offer you submit constitutes an offer to purchase the product from us and does not constitute an agreement by Canary Agri to sell you the product. All purchases are subject to Canary Agri acceptance and may be rejected at any time and for any reason at Canary Agri’s sole discretion. When the shipping date of our products approaches, Canary Agri will send you an email at the email address you provided, and request that you confirm your shipping address.
  2. Eligibility
    You must be at least 18 years old to submit an offer and to purchase a product. by agreeing to these terms, you represent and warrant to us that you are at least 18 years old. if you are offering to purchase a product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these terms and you agree to be bound by these terms on behalf of that organization.
  3. Payment
    You must pay the pre-sales amount equivalent to the advertised purchase price of the product.
  4. Specifications; Refunds
    We know the Canary Agri monitor and the related services we will offer will make you very happy with your purchase decision. However, our product is presently in development, and the product specifications published on our web site may change prior to delivery.
    If you wish to cancel your order we will refund your deposit within 14 days of purchase. In order to cancel please send us an email as set we will process all deposit refunds promptly and refund the full amount you paid.
    We will refund deposits using the method of payment used to pay the deposit, or if unavailable, we may attempt to contact you to arrange delivery of your refund. Canary Agri will make reasonable efforts to contact you to provide a refund, but if Canary Agri does not receive a response from you within 90 days of your request for refund, then Canary Agri reserves the right to treat your deposit as unclaimed property in accordance with applicable law.
  5. Shipping and Delivery Date
    Unless and until we state otherwise, our products are in development, and are not ready for delivery. Shipping will commence no sooner than May 31st 2018, and may commence substantially later. any shipping date we provide is an estimate only, and the actual shipping date of any product you are to receive will depend on a variety. Commencement of shipping is subject to change without notice to you.
  6. Use of the product; Canary Agri service
    You must also use the product in strict accordance with the user documentation provided together with the product and with our return, warranty and license policy. Features of the product require an internet connection and an account on the Canary Agri content management website. Your use of the Canary Agri service is subject to the Canary Agri terms of service.
  7. Intellectual Property
    Blue Cow Technologies Limited t/a Canary Agri own all patents, trademarks, copyrights, trade secrets and other intellectual property rights in the product.
  8. Limitation of Liability
    Except where prohibited under by applicable law, in no event will Canary Agri, its related entities, its service providers, licensors, and its or their respective officers, directors, employees or agents (collectively the “Canary Agri parties”) be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages whatsoever, arising out of or related to these terms or your use of or inability to use any product, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Canary Agri has been advised of the possibility of such damages. some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
  9. Indemnity
    You alone are responsible for the manner in which you use the product. you shall defend, indemnify and hold harmless the Canary Agri parties from and against every claim, liability, damage, loss, and expense, including reasonable legal fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use (or misuse) 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.
  10. Force Majeure
    Canary Agri will not be liable to you for any delay, non-delivery, non-acceptance, or any other matter (except for Canary Agri’s refund obligations) due to an event which prevents, impedes, or delays a party’s performance of its obligations hereunder, such as an act of god, terrorism, war or other military or police action, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, changes in applicable law or regulation, uprising, earthquake, flood or any other natural or man-made eventuality outside of Canary Agri’s control.
  11. Privacy
    We describe all policies related to our collection and use of data in our current privacy policy, which is incorporated into these terms by this reference. Please note, we may significantly modify our privacy policy before or at any time after we begin shipping products, and we will post our current privacy policy on our site. if you have any questions or concerns regarding your privacy, please contact us.
  12. Modification of these terms
    We reserve the right, at our discretion, to change these terms on a going-forward basis at any time. Please check these terms periodically for changes. If a change to these terms materially modifies your rights or obligations, you will be required to accept the modified terms before we will consider accepting your offer. material modifications are effective upon your acceptance of the modified terms. Immaterial modifications are effective upon publication. disputes arising under these terms will be resolved in accordance with the version of these terms that was in effect at the time the dispute arose. Your sole remedy for any claim arising from any change in these terms is to obtain a refund of your deposit.
  13. Controlling Law and Severability
    These terms will be governed by and construed in accordance with the laws of the Republic of Ireland, excluding its conflict of law principles.

Contact Information

Canary Agri
info@canaryagri.com

Block 1, Unit 21
Broomhall Business Park,
Rathnew Co. Wicklow,
A67 H221,
Ireland