Effective Date: November 2, 2023

Acceptance of Terms

By using the Novel Biome™ website, sending an inquiry via the Novel Biome™ website, or utilizing our biome banking services from Personal Biome Bank by Novel Biome™, you (“you” or “User”) expressly agree to the following terms as a condition of your subscription. If you do not or cannot agree to this Agreement, you cannot use our website or avail of our biome banking services.

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 biome banking services and/or any additional subscriptions you make after posting of changes to the Agreement is your acceptance of the modified Agreement.

Disclosure

The information on this website is for informational and educational purposes only and is not provided to cure or diagnose a condition. The User understands that the Novel Biome™ website does not provide medical advice, mental health advice, or therapy. Users should seek medical advice for any medical or mental health problems and has the responsibility to consult with a medical professional regarding any medical conditions.

Service Description

Novel Biome™ provides biome banking services through Personal Biome Bank, which involve the collection, storage, and exclusive retrieval of your biome for personal use. You understand that this service is not intended to diagnose or treat any medical conditions. It is the User’s responsibility to seek medical advice for any health-related concerns and to consult with a healthcare professional regarding any medical conditions.

Biome Release and Usage

By utilizing Novel Biome™ Personal biome banking services, you acknowledge and agree to the following:

1. Exclusive Ownership and Usage: The person named on the biome sample (hereinafter referred to as the “Biome Owner”) is the sole owner of the banked biome. The Biome Owner is the only individual authorized to request the release of the banked biome and to use it for personal purposes. It is strictly prohibited to share, transfer, or allow others to use the banked biome. 
2. Request for Release: Requests for the release of the banked biome must be made directly by the Biome Owner. Novel Biome™ reserves the right to verify the identity of the requesting party to ensure compliance with this policy. Any unauthorized requests for biome release will not be honoured. 
3. Responsibility: The Biome Owner bears full responsibility for the appropriate and lawful use of their banked biome. Novel Biome™ is not responsible for any unauthorized or improper use of the biome once it has been released to the Biome Owner.

Annual Storage Fees

1. By subscribing to our biome banking service, you agree to pay the annual fee associated with the storage of your biome. Failure to pay this fee may result in the termination of your biome storage.
2. Renewal and Payment: Your annual storage subscription will automatically renew each year, unless you notify Novel Biome™ of your intention not to renew prior to the renewal date. Novel Biome™ will send a renewal notification to the email address provided by you, at least 30 days before the renewal date. By not opting out before the renewal date and by continuing to use Novel Biome’s storage services, you agree to the renewal and authorize Novel Biome™ to charge your provided payment method for the annual storage fee.
3. Fee Changes: Novel Biome™ reserves the right to modify the annual storage fee at its sole discretion. Any fee changes will be communicated to you at least 30 days in advance of the renewal date.
4. Cancellation and Refunds: If you wish to cancel your annual storage subscription, you must do so before the renewal date. No refunds for the annual storage fee will be provided for cancellations made after the renewal date.
5. Non-Payment: Failure to pay the annual storage fee may result in the suspension or termination of your storage services. Novel Biome™ is not responsible for any loss of products resulting from non-payment.

Warranties

To the extent allowed by law, except as expressly stated above, Novel Biome™ does not make any warranty regarding our website or the biome banking services, including, but not limited to, the content, the information, or any services or products provided through or in connection with Novel Biome™. Any biome stored with Novel Biome™ is provided “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 biome stored 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 you 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 on our website, or for any biome banking services or products provided 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.)

Legal Terms

1. 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.
2. Waiver. None of these Terms can be waived or modified except by an express agreement in writing by Novel Biome™.
3. Entire Agreement. These Terms constitute the entire agreement between User and Novel Biome™ and supersedes all prior or contemporaneous written or oral agreements.
4. 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.
5. 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 labour 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.
6. 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 support@NovelBiome.com or 201 – 9200 Mary Street, Chilliwack, BC, V2P 4H6, Canada (1-206-899-4729) containing the following information:

1. Your contact information (name, mailing address, phone number).
2. A description of the copyrighted work that you believe was infringed.
3. A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
4. 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.
5. Your digital or physical signature.