Novel Biome™ Terms & Conditions
By using the Novel Biome™ website, sending an inquiry via the Novel Biome™ website, or purchasing from Novel Biome™ (“Novel Biome™” or “we”), you (“you” or “User”) expressly agree to the following terms as a condition of your purchase. If you do not or cannot agree to this Agreement, you cannot use our website or purchase items from Novel Biome™.
We reserve the right to change this Agreement at any time, at our sole discretion. If we make any changes, we will notify you by posting the changes here and by emailing you at the email address provided by you. You are responsible for reviewing any changes to the Agreement. Your continued subscription to purchase products and/or any additional purchases you make after posting of changes to the Agreement is your acceptance to the modified Agreement. The Agreement was last modified on December 18, 2020.
To the extent allowed by law, except as expressly stated above, Novel Biome™ does not make any warranty regarding NovelBiome.com or the services/products sold via this website, including, but not limited to, the content, the information, or any services or products provided through or in connection with Novel Biome™.
Anything sold via Novel Biome™ and any information provided on Novel Biome™ are “as-is” without any warranty of any nature, express or implied. Novel Biome™ expressly disclaims any and all warranties, including, without limitation: (A) warranties of fitness for a particular purpose, merchantability, or non-infringement and (B) warranties that the products sold will be free of any allergens or sensitivities.
In no event will Novel Biome™, its subsidiaries, affiliates, licensors, owners, shareholders, officers, employees, agents, or contractors be liable to user for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by Novel Biome™, the content, the information, or any errors or omissions in Novel Biome™, or for any products or services sold via Novel Biome™, even if Novel Biome™ is advised of the possibility of such damages.
Some jurisdictions do not allow for some of the limitations or exclusions as set forth herein. You may have other rights which vary from jurisdiction to jurisdiction.
Choice of Law and Arbitration. This Agreement will be governed by, and construed in accordance with, the laws of Canada. It is expressly agreed by the parties that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by consumer arbitration administered by the British Columbia International Commercial Arbitration Centre in Vancouver, British Columbia, Canada, in accordance with its rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Waiver. None of these Terms can be waived or modified except by an express agreement in writing by Novel Biome™.
Entire Agreement. These Terms constitute the entire agreement between User and Novel Biome™ and supersedes all prior or contemporaneous written or oral agreements.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Intellectual Property. NovelBiome.com is the property of Novel Biome™, and contains information, graphical elements, and data that are protected by copyright, trademark, trade secret, and other intellectual property laws. You agree to abide by all copyright notices and trademark restrictions.
Reporting Copyright Infringement (DMCA)
This website complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at [email protected] or 201 – 9200 Mary Street, Chilliwack, BC, V2P 4H6, Canada (1-206-899-4729) containing the following information:
- Your contact information (name, mailing address, phone number).
- A description of the copyrighted work that you believe was infringed.
- A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
- A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
- Your digital or physical signature.
Any questions about the agreement or this website can be directed to: [email protected]