1.Introduction

NOVATUS LIMITED trading as Novala Bee Works, operates each website that links to these Terms of Use and online services (collectively, the “Site”), as well as our other services, offerings, and other interactions you may have with us (together with our Site, collectively referred to as our “Services”). By accessing or using our Services, you are agreeing to these terms and conditions (the “Terms”) and concluding a legally binding contract with NOVATUS LIMITED. Do not access or use our Services if you are unwilling or unable to be bound by the Terms.

2.Definitions

“You” and “your” refer to you, as a user of our Services. A “user” is someone who accesses, posts, edits, browses, or in any way uses our Services.

“We,” “us,” and “our” refer to NOVATUS LIMITED.

When we say “NOVATUS LIMITED,” we mean NOVATUS LIMITED trading as Novala Bee Works and any subsidiaries of NOVATUS LIMITED (including any subsidiaries that NOVATUS LIMITED may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to NOVATUS LIMITED as “we,” “us” and “our.” When we say “NOVATUS LIMITED Entities,” we mean NOVATUS LIMITED; its suppliers, vendors, contractors, and licensors.

When we say “NOVATUS LIMITED Sites,” we mean NovalaBeeWorks.com and all related functionality, (including but not limited to Chatbots and other Generative AI Features), services, and Content offered by or for NOVATUS LIMITED on or through NovalaBeeWorks.com or the systems, servers, and networks used to make the NOVATUS LIMITED Sites available.

When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by NOVATUS LIMITED on the NOVATUS LIMITED Sites (and any updates by NOVATUS LIMITED to these Terms of Use and those terms and policies).

A few other key terms used in these Terms of Use:

When we say “Chatbot,” we mean an application feature or interface by which you are able to engage in voice or text communications that are intended to mimic human interactions and conversations, including through the use of Generative AI and third-party large language models.

When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, written and other materials and Inputs .

When we say “Generative AI,” we mean artificial intelligence, including large language models made by us or third parties, capable of generating new text, images, or other media.

When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Novatus Limited Sites.

When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Novatus Limited Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Novatus Limited Sites through the tools offered by such social media platforms).

When we say “Materials,” we mean Content that Novatus Limited Entities make available on or through the Novatus Limited Sites, including In Store Now information and Outputs.

3.Use of the Site

You certify that the Content you provide on or through the Novatus Limited Sites is accurate and that the information you provide on or through the Novatus Limited Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Novatus Limited is not responsible for any losses arising out of the unauthorized use of your account. You agree that Novatus Limited does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Novatus Limited Sites. You agree that Novatus Limited is not a party to any such agreement, nor is Novatus Limited responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Novatus Limited Sites or any portion of the Novatus Limited Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Novatus Limited Sites or any portion of the Novatus Limited Sites.

In connection with the Novatus Limited Sites, you will not:

• Make available any Content through or in connection with the Novatus Limited Sites that is or may be in violation of the content guidelines set forth in Section 4.3 Prohibited Content below.
• Make available through or in connection with the Novatus Limited Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
• Use the Novatus Limited Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Novatus Limited Sites.
• nterfere with or disrupt the operation of the Novatus Limited Sites or the systems, servers, or networks used to make the Novatus Limited Sites available, including by hacking or defacing any portion of the Novatus Limited Sites; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Novatus Limited Sites.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Novatus Limited Sites except as expressly authorized in these Terms of Use, without Novatus Limited’s express prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Novatus Limited Sites, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark, or other proprietary rights notice from the Novatus Limited Sites.
• Frame or mirror any portion of the Novatus Limited Sites, or otherwise incorporate any portion of the Novatus Limited Sites into any product or service, unless you obtain Novatus Limited’s express prior written consent to do so.
• Systematically download and store any Materials
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Novatus Limited Sites, without Novatus Limited’s express prior written consent.
• Cause injury to any person or entity.
• Violate any law, rule, or regulation, or these Terms of Use.
• You will not use the Novatus Limited Sites or Novatus Limited’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Novatus Limited trademark, logo, URL, or product name without Novatus Limited’s written consent;
• You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

4 Content and Ideas

4.1 Submitting Content and Ideas

Novatus Limited provides functionality that enables users to make available Content and Ideas in connection with their use of the Novatus Limited Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Novatus Limited Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

4.2 Novatus Limited’s Rights to Use Content and Ideas

You grant to Novatus Limited a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Novatus Limited is free to use any Ideas for any purpose. Novatus Limited may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Novatus Limited is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Novatus Limited the right to use any name associated with any Content or Idea that you make available to Novatus Limited, although Novatus Limited has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

4.3 Prohibited Content

You agree that you will not make available Content in connection with the Novatus Limited Sites that:

• is false, fraudulent, inaccurate, or misleading;
• contains your full name(s), or any other confidential personally identifiable information of yourself or others;
• violates any county, national, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including Novatus Limited), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable;
• s derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Novatus Limited in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Novatus Limited;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including Novatus Limited, its related entities, employees, and agents;
• violates any policy posted on the Novatus Limited Sites; or
• is intended to cause harm, damage, disable, or otherwise interfere with the Novatus Limited Sites or our partners.

5.Monitoring by Novatus Limited

Novatus Limited will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Novatus Limited Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Novatus Limited from time to time. Novatus Limited will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Novatus Limited Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Novatus Limited for all claims resulting from any Content you make available.

6.Materials Available on the Novatus Limited Sites

Novatus Limited and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Novatus Limited Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Novatus Limited Sites, we would appreciate it if you let us know by contacting us at NovalaBeeWorks.com.

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE NOVATUS LIMITED ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

7 Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Novatus Limited has no liability to you for content on the Novatus Limited Sites that you find to be offensive, indecent, or objectionable.

Novatus Limited is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Novatus Limited Entity, our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Novatus Limited Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Kenya Bureau of Standards and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Novatus Limited’s return policy. It is your responsibility to ascertain and obey all applicable county, national, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

8 Third Party Sites

References on Novatus Limited Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Novatus Limited is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Novatus Limited Sites operate or otherwise interact, nor is Novatus Limited responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

9 Placing an Order

9.1 Order Acceptance and Billing

You represent and warrant that you have the right to use any mobile money transfer, debit card, credit card or other means of payment that you provide to us. By providing payment information to us, you authorize us to store and use the card as a payment method for purchases made through your Novatus Limited.com account, including on Novatus Limited affiliated sites and properties which you access via your Novatus Limited.com account credentials. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Novatus Limited may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes and fees.

Novatus Limited reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Novatus Limited also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Novatus Limited for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, Novatus Limited may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Novatus Limited returns policy.

9.2 Pricing Information & Availability

Novatus Limited cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Novatus Limited Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Novatus Limited reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Novatus Limited. Novatus Limited may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Novatus Limited Sites or from prices available in Novatus Limited stores or on Novatus Limited Apps.

9.3 Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

10 Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Novatus Limited Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

11.Intellectual Property

The Novatus Limited Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights therein (collectively, the “IP”) are owned or controlled by or licensed to Novatus Limited, and are protected by Kenya and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Novatus Limited to use the Novatus Limited Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. No license, right, title, or interest in the Novatus Limited Sites or any Materials is transferred to you as a result of your use of the Novatus Limited Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Novatus Limited Sites. The Novatus Limited Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Novatus Limited Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Novatus Limited Sites and Materials is the exclusive property of Novatus Limited and is also protected by Kenya and international copyright laws. NOVATUS LIMITED, NOVALA BEE WORKS, MUYOTU, THE NOVALABEEWORKS.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Novatus Limited Sites are trademarks or trade dress of Novatus Limited in the Kenya and other countries. All other marks are the property of their respective companies.

12.Privacy

You acknowledge that any personal information that you provide through the Novatus Limited Sites will be used by Novatus Limited in accordance with Novatus Limited’s Privacy Policy, which may be updated by Novatus Limited from time to time.

You authorize your wireless operator to disclose to Novatus Limited and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship.

13 Third-Party Software & Licensing Notices

The Novatus Limited Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties.

14 Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Novatus Limited Sites may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

15 Novatus Limited Pickup and Delivery

Use of Novatus Limited Pickup and delivery is subject to the following additional terms:

i. Orders

• Once you have placed an order for Novatus Limited Pickup and delivery, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
• There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For Pickup and delivery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
• We may, in our discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the Novatus Limited Pickup and delivery Contact Center.
• Notwithstanding the foregoing, all refunds will be subject to our discretion.
• We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Novatus Limited will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
• We can only deliver to an address stored in your address book in your account.

ii. Novatus Limited Pickup and Delivery Pricing

• Pricing for Novatus Limited Pickup and delivery items will be the same prices as if you shopped in the store that packs and delivers the items. If an item’s price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price. If you have allowed substitutions for your order, you will be charged the price for items received. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online may not match all stores, only the store where your order is packed. Novatus Limited Pickup and delivery does not match prices from other online or physical stores, or Novatus Limited stores other than the one where your items are picked and packed.
• The User will bear 100% of the cost of the courier service, as well as the price of the product if one has been purchased or contracted at the User’s request.

16 Disclaimer of Warranties

THE NOVATUS LIMITED SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NOVATUS LIMITED SITES, AND/OR NOVATUS LIMITED STORE LOCATIONS, ARE PROVIDED BY NOVATUS LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO NOVATUS LIMITED ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NOVATUS LIMITED SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE NOVATUS LIMITED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE NOVATUS LIMITED ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE NOVATUS LIMITED SITES IS AT YOUR SOLE RISK. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY NOVATUS LIMITED TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE NOVATUS LIMITED SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE NOVATUS LIMITED SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO NOVATUS LIMITED ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE NOVATUS LIMITED SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

17 Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NOVATUS LIMITED ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A NOVATUS LIMITED ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO NOVATUS LIMITED ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE NOVATUS LIMITED SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO NOVATUS LIMITED ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER SHOPPER, OR OTHER USER OF THE NOVATUS LIMITED SITES.

18 Indemnification

You agree to defend (at Novatus Limited’s option), indemnify, and hold the Novatus Limited Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including legal fees and costs, arising from or related to your misuse of the Novatus Limited Sites or any breach by you of these Terms of Use. Novatus Limited reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Novatus Limited if and as requested by Novatus Limited in the defense and settlement of such matter.

19 Disputes, Arbitration, and Applicable Law

19.1 Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND NOVATUS LIMITED, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY NOVATUS LIMITED OR THE NOVATUS LIMITED ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND NOVATUS LIMITED AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

19.2 Class Action and Mass Action Waiver.

YOU AND NOVATUS LIMITED AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Novatus Limited each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Novatus Limited within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of government agencies and, if the applicable law allows, such agencies may seek relief against Novatus Limited for you.

19.3 Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You or Novatus Limited by presenting a written demand for arbitration (“Demand”) within the statute of limitations period. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

19.4 Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

1. You or Novatus Limited may file such dispositive motions. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.
3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Novatus Limited shall attend all arbitrator calls, conferences, and hearings.
4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its legal fees, costs, and expenses and all amounts charged for the arbitration.
6. The arbitrator will follow these Terms of Use and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

19.5 Severability.

If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 19 other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.

19.6 Applicable Law.

ARBITRATION ACT CAP. 49, subsequent amendments to the ARBITRATION ACT CAP. 49 and THE ARBITRATION RULES LEGAL NOTICE 58 OF 1997 governs the interpretation and enforcement of Section 19 of these Terms of Use.

20 Termination

These Terms of Use are effective unless and until terminated by either you or Novatus Limited. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Novatus Limited Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Novatus Limited Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Novatus Limited, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Novatus Limited Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Novatus Limited Sites,” “Content and Ideas,” “Monitoring by Novatus Limited,” “Materials Available on the Novatus Limited Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Novatus Limited,” “Shipping and Delivery,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

21 General

These Terms of Use represent the complete agreement and understanding between you and Novatus Limited and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Novatus Limited. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section 19 above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of Novatus Limited to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Novatus Limited’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Novatus Limited Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22 How to Contact Us

If you have any questions or comments, please contact by using legal@NovalaBeeWorks.com