Effective date: Nov. 20, 2021

This is an agreement between you and Novelplant.com (with its affiliates, "Novelplant" , "we" or "us"). Please read these Novelplant Terms of Service, the Novelplant.com Privacy Policy, and the other applicable rules, policies, and terms posted on the Novelplant.com website or the Novelplant Store or provided with any Service (collectively, this "Agreement") before purchasing or using any aspect of the Service. By using the Novelplant Store purchasing or using any Novelplant Content, using any Novelplant Application, or using any aspect of the Service, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Novelplant Store, any Novelplant Content, any Novelplant Application or the Service.

For the purposes of this Agreement: 

"Content Provider" means the party offering Novelplant Content in the Novelplant Store, which may be us or a third party.

"Novelplant Application" means software we make available that permits users to shop for, download, browse, or use the Novelplant Store or Novelplant Content on a Supported Device.

"Novelplant Content" means digitized content obtained through the Novelplant Store, such as books, newspapers, magazines, and other content.

"Novelplant Store" means our stores, on Novelplant Applications and on our website, the homepage of which is located at Novelplant.com.

"Subscription Content" means Novelplant Content made available for access only for so long as you remain an active member of a subscription or membership program, such as Novelplant Prime.

"Service" means the provision of the Novelplant Store, Novelplant Content, Novelplant Application, and support and other services that we provide Novelplant Store, Novelplant Content, and Novelplant Application users. 

"Supported Device" means a mobile, computer or other supported electronic device on which you are authorized to operate a Novelplant Application.

1. Novelplant Content

Use of Novelplant Content. Upon your download or access of Novelplant Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Novelplant Content an unlimited number of times, (for Subscription Content, only as long as you remain an active member of the underlying membership or subscription program), solely through a Novelplant Application or as otherwise permitted as part of the Service, solely on the number of Supported Devices specified in the Novelplant Store, and solely for your personal, non-commercial use. Novelplant Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Novelplant Content. Those terms will also apply, but this Agreement will govern in the event of a conflict. Some Novelplant Content, such as interactive or highly formatted content, may not be available to you on all Novelplant Applications.

Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Novelplant Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Novelplant Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.

Risk of Loss. Risk of loss for Novelplant Content transfers when you download or access the Novelplant Content.

2. Use of the Novelplant Applications. You may use the Novelplant Applications only on Supported Devices. For additional terms that apply to the Novelplant Applications, see the terms contained in the Legal or similar section in the Settings menu of your Novelplant Application.

3. General 

Information Provided to Novelplant. The Novelplant Application will provide Novelplant with information about use of your Novelplant Application and its interaction with Novelplant Content and the Service (such as last page read, content archiving, available memory, up-time, log files, and signal strength). Information provided to Novelplant may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Novelplant.com Privacy Policy.

Information Provided to Others. You are responsible for any information you provide to others using the Service. Use of information you provide to these third parties will be subject to any privacy policy or other terms that they may provide to you.

Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service, and Novelplant may immediately revoke your access to the Service without refund of any fees. Novelplant's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Changes to Service; Amendments. We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing Subscription Content from a Service, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Novelplant.com website. Your continued use of the Novelplant Application or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability. You agree to those terms by entering into this Agreement, using the Novelplant Store, purchasing or using Novelplant Content, or using any aspect of the Service.

Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Agreement (1) in no event will our or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Novelplant Application exceed the amount of CDN$ 50.00; and (2) in no event will our or any other Content Provider's aggregate liability to you for all damages arising from your use of the Service (excluding the Novelplant Application) exceed the amount you actually paid for the Novelplant Content or for the aspect of the Service related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Novelplant services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Novelplant services are provided by Novelplant on an "As is" And "As available" Basis, unless otherwise specified in writing. Novelplant makes no representations or warranties of any kind, express or implied, as to the operation of the Novelplant services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Novelplant services, unless otherwise specified in writing. You expressly agree that your use of the Novelplant services is at your sole risk.

To the full extent permissible by law, Novelplant disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Novelplant does not warrant that the Novelplant services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Novelplant services, Novelplant's servers or electronic communications sent from Novelplant are free of viruses or other harmful components. To the full extent permissible by law, Novelplant will not be liable for any damages of any kind arising from the use of any Novelplant service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Novelplant service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Contact Information. For help with your Novelplant Application, the Service, the Novelplant Store, Novelplant Content, or resolving other issues, please contact Customer Service at Novelplant.com (or by email at support@Novelplant.com).