Terms & Conditions
We know that reading Terms & Conditions is not the most exciting thing to do and it’s tempting not to, but it’s important to establish what you can expect from us as you use NOVUM services and what we expect from you. Before you start using NOVUM, please read these Terms. We will rely on these Terms throughout your time on NOVUM. If you have any questions, you can contact us at any time at support@novumpcos.com. These Terms & Conditions help define NOVUM’s relationship with you as you interact with our services.
8-Week Challenges
(a) We do not offer change of mind returns or refunds to NOVUM. Failure to complete onboarding or check ins does not entitle you to a refund. Any plans requiring adjustments due to a mistake by team NOVUM will be rectified as soon as possible, this does not entitle you to a full refund.
(b) Our coaching services require a minimum 8-week commitment. Cancellations are not permitted within this period, so please ensure you’re ready to commit to NOVUM before joining. To cancel after the initial 8 weeks, a 14-day notice is required. To request cancellation, please email support@novumpcos.com.
There is no cooling-off period after signing up. Once you sign up, you are committed for the full 8 weeks.
(c) During your initial 8-week commitment, you may only upgrade your service plan. After completing the 8-week minimum, you may upgrade, downgrade, pause or cancel your coaching plan with at least 14 days’ written notice to support@novumpcos.com. If your plan change results in a fee difference, you will either need to pay the additional amount or, if applicable, receive a credit toward future service fees.
Please note that downgrades within the 8-week commitment are not guaranteed and are subject to the NOVUM team’s discretion. Once the 8-week period is complete, you may change your service plan without restriction
There is no cooling-off period for service plans.
1. Acceptance
(a) This Agreement is between NOVUM COLLECTIVE Pty Ltd (ABN: 55 611 969 236), HEALTH & BALANCE VITAMINS LLC (we, our or us) and you, the company, entity, or individual who is purchasing any Products, Services or Goods (Goods) from us through our website located at http://www.novumpcos.com (Store) or on our mobile application.
(b) By purchasing the Goods or Services from us, or proceeding with any quote issued you agree:
1.b.1.That you have reviewed and accept these Terms and Conditions for the Sale of the Goods (Terms); and
1.b.2. That you have the legal capacity to enter into a legally binding agreement with us;
(c) You must not place an order for Goods, Services or approve any quotes issued unless you are at least 16 years old
2. When These Terms Apply
2.1. These Terms apply to all use of the NOVUM mobile application (“the App”), the websites (novumpcos.com, etc.), and all related services, features and content offered by NOVUM or Health & Balance Vitamins.
3. Accessing NOVUM
3.1. You must be at least 16 to use the App and access NOVUM’s content
3.2. We do not knowingly collect personal information from children under 16.
3.3. We do not allow people to use the App and access NOVUM if they are younger than 16.
3.3. If you are aware of anyone that does not comply with these limitations, please contact us at support@novumpcos,com, and we will take the necessary steps to delete or terminate their account.
4. Medical Disclaimer – App, Features & Content
4.1. The company is not a licensed medical care provider and the app is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Please consult with a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the app.
Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call emergency services or go to the nearest open emergency room immediately.
4.2. We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials, as well as any violation of any ethical or moral standards applicable in your community to health education and related materials.
5. Price & Payments
(a) You must pay us the purchase price of the Goods or Services that you order, plus any applicable additional tax costs as advised by us (the Price) in accordance with this clause. All amounts are stated in United States dollars.
(b) If you do not have an Account with us, you must pay the Price, upfront at the time of purchase or on completion of services rendered, including where the Goods or Services are the subject of an Order placed with us. Only once the Price has been paid in full will we provide you with the Goods or Services, or will we submit your Order to our suppliers.
(c) If you fail to pay your invoice in accordance with the above clauses, we may suspend your Account and the provision of any Goods or Services under it until we receive payment. If you dispute an invoice, or any part of the invoice, you must notify us of your dispute in writing within 7 days of the date of our invoice, setting out full details of your dispute, and you must pay any undisputed portion of the invoice.
(e) If full payment has not been made against an invoice as set out in the Terms, we may (at our absolute discretion) immediately cease supplying Goods or Services to you and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 5% per annum, calculated daily and compounding monthly.
(f) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
(g) Where you have selected a Weekly Service Plan, you must pay the Service Plan Fee each week via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party provider, as set out on the website (Store).
(h) Should you:
- Fail to pay any amount when it is due and owing;
- Default in the performance of your obligations under these terms and conditions;
- Commit an act of bankruptcy. Or, if you are a corporation, becomes subject to external administration or passes a resolution to wind up; then
In addition to any other rights we have, you shall be in breach of these terms and conditions, and we shall be entitled to treat the whole of the scope of works repudiated. We may refuse to supply any of the services to you. We may elect to seek relief through the courts or through a third-party debt recovery service to recover the money, plus interest and additional costs in accordance with the terms and conditions. You shall pay all our collection costs, including solicitor fees, interest, third party expenses and related costs for outstanding amounts. We will be immediately entitled to, without liability, terminate or suspend the provision of future services, in accordance with these terms and conditions, in the event of default.
6. Your Use Of The NOVUM App
6.1. Any content you submit through the App is governed by our privacy policy. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas.
In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
6.2. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
6.2.1. Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
6.2.2. Modify, reverse engineer, decompile or disassemble the App;
6.2.3. Copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorisation of the Company;
6.2.4. Permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
6.2.5. Circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
6.2.6. Use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
6.2.7. Use or access the App to compile data in a manner that is used or usable by a competitive product or service;
6.2.8. Use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
6.2.9. Use your Account to engage in any illegal conduct;
6.2.10. upload or transmit any communications that infringe or violate the rights of any party;
6.2.11. Upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement, and the Company’s Privacy Policy;
6.2.12. Upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, website or the App;
6.2.13. Use data, content, or features from the App and the website to diagnose, treat, or mitigate any health conditions.
Any such forbidden use shall immediately terminate your licence to use the App. NOVUM is granting you permission to use the App, but with the condition that you use it in accordance with the Agreement. If you violate these Terms by engaging in a forbidden use, the permission granted you to use the App will be revoked, and you will no longer be authorised to use it.
7. Licence to User Content
7.1. The App enables you to input questions, share your thoughts, post or upload content, submit content (including to circles) and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.
By providing your User Content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content and/or your failure to comply with the terms described in this Agreement.
7.2. The Company reserves the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
8. Use At Your Own Risk
8.1. Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes.
8.2. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider
9. Availability & Cancellation
(a) All Goods, Services & Orders are subject to availability. We do our best to keep products in stock and use reasonable endeavours to source any Orders from our third-party suppliers.
(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an Order that we have previously accepted, including where there is a considerable delay in dispatching your Order, or for any reason we cannot supply the Goods in your Order (for example for an event beyond our reasonable control). We will contact you using the details you provided when you placed your Order. You may choose to receive a refund or a store credit or to place your Order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Goods will be refunded to you. If you choose to place your Order on backorder, we will contact you to arrange delivery or collection once the Goods are available.
10. Refund, Hold and Cancellation Policy
(a) We do not offer change of mind returns or refunds to NOVUM. Failure to complete onboarding or check ins does not entitle you to a refund. Any plans requiring adjustments due to a mistake by team NOVUM will be rectified as soon as possible, this does not entitle you to a full refund.
(b) It is a 8 week minimum subscription when you join our coaching services. You cannot cancel before the 8 weeks so please be sure you are willing to commit to NOVUM and this time frame before joining. It is also a 1 week notice to cancel your subscription, please email support@novumpcos.com to do so. There is no cooling off period, once you join you must commit to the 8 weeks.
(c) At your request with no less than 7 days’ written notice, we may put your Service Plan on hold for a maximum of a single continuous 8-week period in any 12-week period where we provide the Services to you (Hold). During the Hold, we will not provide the Services to you, and you will not be required to pay us the Service Plan Fee. You cannot place your Service Plan on hold during your 8 week minimum term.
(d) Within your first 8 week minimum commitment, you may only upgrade your service plan. You may upgrade, downgrade or cancel your Weekly Service Plan by providing us with at least 7 days’ written notice to support@novumpcos.com after your 8 week minimum. Where there is a difference in the Service Plan Fee as a result of this change, you must pay to us the difference or we will credit the difference towards any future Service Plan Fees payable by you to us, as applicable. Please note if you are still within your minimum 8 week commitment term a downgrade will not be guaranteed and instead discretionary on the NOVUM team. A change of service can be exercised without restriction after the minimum 8 week commitment term. We offer no cooling off period for service plans.
eBook Refund Policy:
As our recipe eBooks are digital products, we do not offer refunds for change of mind. To help customers make an informed decision, we provide samples of some recipes included and invite you to reach out to our support team to go over any questions or concerns prior to purchasing by emailing support@novumpcos.com. If you have feedback on the eBook or need guidance on adapting the recipes to suit your preferences, please reach out via the email above.
11. Changes & Updates To Platform, Terms Of Use
NOVUM may delete or modify any feature or part of the Platform at any time without notice. NOVUM may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.
12. Complaints, Governing Law And Dispute Resolution
12.1. If you have any questions, feedback or complaints, please contact the NOVUM team by email at support@novumpcos.com
12.2. These Terms of Use (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by Australian law. The courts of Australia have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Use.
12.3 If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use, affects your rights as a consumer to rely on such mandatory provisions of law.
When you contact us, we expect our staff to be polite and respectful. We expect the same of you. If you are rude to or abuse or threaten our staff we may restrict you to contacting us by email or refuse to support you any further. If your behaviour suggests a risk to our staff, our community or our business we may suspend your account and escalate the matter to law enforcement.