Learning Centre Terms & Conditions

Mushly.com maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms.

Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Mushly.com. If you do not agree to these terms, do not use this Site.

Minors or people below 18 years old are not allowed to use this site.

Use of Site

Mushly.com provides various materials, information, video episodes, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”).  Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.

Intellectual Property

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) and all content located on the Site shall remain vested in Mushly.com or its licensors.

Unless specifically stated you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Mushly.com content in any way except for your own personal, non-commercial use.

You must  read these intellectual property rights as being subject to any restrictions on use applying to any materials or content on the Site including photographic images, videos and text whether directly on a page of the Site or contained in a document accessible from a page of the Site (“Materials”) or part of them such as video and photographic images which are subject to the special restrictions set out . If you do not agree to be bound by any Special Restriction then you must not use Mushly.com Materials made available under these terms.

Conditions of Use

You agree to use the Site only in accordance with these Conditions of Use, the Terms of Use agreed during account creation, for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site.

Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site and impersonating another person.

You are never permitted to use or share anyone else’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Mushly.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Mushly.com will not be liable for any loss or damage arising from your failure to comply with this Section.

Acceptable Usage Policy

You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause. Specifically:

  • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
  • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
  • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

  • is sexually explicit;
  • is obscene, deliberately offensive, hateful or otherwise inflammatory;
  • promotes violence;
  • promotes or assists in any form of unlawful activity;
  • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
  • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or is otherwise likely to deceive;
  • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
  • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
  • implies any form of affiliation with Us where none exists;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
  • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

  • suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
  • remove any User Content submitted by you that violates this Acceptable Usage Policy;
  • issue you with a written warning;
  • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • take further legal action against you as appropriate;
  • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  • any other actions which We deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

User Content

You agree that you will be solely responsible for your user content. Specifically, you agree, represent and warrant that you have the right to submit the user content and that all such user content will comply with our acceptable usage policy.

You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by yo . You will be responsible for any loss or damage suffered by us as a result of such breach.

You (or your licensors, as appropriate) retain ownership of your user content and all intellectual property rights subsisting therein. When you submit user content you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual,worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your user content for the purposes of operating and promoting our site. In addition, you also grant other users the right to copy and quote your user content within our site.

If you wish to remove user content from our site, the user content in question will be removed. Please note, however, that caching or references to your user content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of our reasonable control).

We may reject, reclassify, or remove any user content from our site where, in our sole opinion, it violates our acceptable usage policy, or if we receive a complaint from a third party and determine that the user content in question should be removed as a result.

User Warranty

As a User you warrant that you are not an agent or employee of any competitive company and the Site and Materials solely for your own personal information, informative and educational purposes or personal use.

No Warranty

The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Mushly.com further does not warrant the accuracy and completeness of the Materials at this Site. Mushly.com may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Mushly.com makes no commitment to update the Materials or this Site.

Limitation of Liability

In no event will Mushly.com, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

Account Termination

Any and all accounts may be terminated for any reason(s), at any time, at the sole discretion of the administrators of this website.

Services, Pricing and Availability

We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your course.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any course that you have already placed.

In the event that the price of Services changes between your course being placed and Us providing that course and taking payment, you will be charged the price shown on Our Site at the time of placing your course.

Due to the inherent nature of educational programs, which include learning and live support that cannot be returned, there are no refunds fourteen days following lesson purchase. If the course is purchased at a higher price within seven days of a promotion, Mushly.com will honor that promotion upon request.

Chargebacks

You agree to contact Mushly.com prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Mushly.com, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

Confidentiality

The Parties acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with the preparation and performance this Agreement are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party, it shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is or will be in the public domain (other than through the receiving Party’s unauthorized disclosure); (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, rules or orders of the court or other government authorities. This Section shall survive the termination of this Agreement for any reason.

Corrections

There may be information on the Web Site that contains typographical errors, inaccuracies, or omissions that may relate to the Web Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web Site at any time, without prior notice.

Disclaimers

The content on our site does not constitute advice on which you should rely. It is provided for general information purposes only.

We make no representation, warranty, or guarantee that our site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the content on our site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through our site.

Mushly.com is for informational resources only. We do not advocate the misuse of any of our products. We do not advocate illicit drug use, growing magic mushrooms or or the breaking of any law or any other illegal behavior. 

The information provided by Mushly.com is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information .

The content is not intended to be a substitute for professional medical advice, diagnosis,  image interpretation or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Mushly.com website.

You must not rely on the information on this site as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Mushly.com makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website.

No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Mushly.com correspond to the actual products and / or services, Mushly.com is not responsible for any variations from these descriptions.

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Limitations Of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 2month period prior to any cause of action arising or $20. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.

If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

User Data

We will maintain certain data that you transmit to the site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

The Terms of Use are governed by the laws of the United States. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. Mushly.com may assign its rights and duties under the Terms of Use without notice to any party at any time.

The Terms are effective as of July, 2021 and are subject to change without notice by Mushly.com at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.