Terms and Conditions

By using the MyGutly and Novel Biome™ websites, sending an inquiry via the MyGutly and Novel Biome™ websites, or purchasing from MyGutly and Novel Biome™ (“MyGutly and 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 MyGutly and 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 November 29, 2023.

Disclosure

The information on this website is for informational and educational purposes only, and is not provided to cure or diagnose a condition. User understands that the MyGutly and Novel Biome™ websites are not providing medical advice, mental health advice, or therapy. User 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.

Warranties

To the extent allowed by law, except as expressly stated above, MyGutly and Novel Biome™ do not make any warranty regarding the MyGutly and NovelBiome.com or the services/products sold via these websites, including, but not limited to, the content, the information, or any services or products provided through or in connection with MyGutly and Novel Biome™.

Anything sold via MyGutly and Novel Biome™ and any information provided on MyGutly and Novel Biome™ are “as-is”, without any warranty of any nature, express or implied. MyGutly and 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 MyGutly and 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 MyGutly and Novel Biome™, the content, the information, or any errors or omissions in MyGutly and Novel Biome™, or for any products or services sold via MyGutly and Novel Biome™, even if MyGutly and 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

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 MyGutly and Novel Biome™.

Entire Agreement. These Terms constitute the entire agreement between User and MyGutly 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.  MyGutly MyGutly..com is the property of MyGutly, 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:

  • 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: support@NovelBiome.com or to info@MyGutly.com

By clicking the Processing Payment I agree that I have read and agree to the terms and conditions *

By clicking the Processing Payment I agree that I will be charged $500 at this time and will be sent a collection kit in 5-7 days.  

By clicking the Processing Payment I agree to be charged the remainder of the balance of $2000 for the processing and first-year storage when you return your stool collection to the laboratory.  

By clicking the Processing Payment I agree additional annual storage fees are $300 to have MyGutly store your capsules at our laboratory and that I will be charged an annual storage fee by Novel Biome™ if I elect to keep my capsules for longer than 1 year.  

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