This agreement applies as between you, the User of this Web Site and mushly.com, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“mushly.com”||means mushly.com [ Company Address ];|
|“Service”||means collectively any online facilities, tools, services or information that mushly.com makes available through the Web Site either now or in the future;|
|“System”||means any online communications infrastructure that mushly.com makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed by mushly.com and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using (mushly.com) and any sub-domains of this site (e.g. subdomain. mushly.com) unless expressly excluded by their own terms and conditions.|
2. Intellectual Property
2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of mushly.com, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by mushly.com.
2.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in title 17 of the United States Code.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of mushly.com or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site mushly.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of mushly.com. To find out more please contact us by email at mushly.com.
5. This Web Site and our Service
5.1 You expressly agree and acknowledge that mushly.com (i) is a technology services provider; (ii) is not a licensed medical or adult-use cannabis Retailer, Brand, or cultivator; (iii) does not itself provide Delivery Services to Consumers; (iv) does not employ or contract Drivers who provide Delivery Services; and (v) does not cultivate, manufacture, package, label, test, or sell medical or adult-use cannabis.
5.2 It is the sole responsibility of the Retailer to offer its services to you in a legal and compliant manner, which are facilitated through its use of the mushly.com Platform. mushly.com has no responsibility or liability for any Delivery Services provided to you by Retailers or their Drivers or provided by you as a Driver to Consumers.
5.3 You must be at least 18 years old to use the mushly.com and must be at least 21 years old to use the mushly.com to order, receive, or facilitate delivery of adult-use cannabis. By using the mushly.com you expressly represent and warrant that you are at least 18 years old, are legally entitled to enter into this Agreement, and have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
5.4 Users over the age of 18 but under 21 may, in certain circumstances determined by mushly.com, be permitted to order medical cannabis with a valid doctor’s recommendation pursuant to the laws of your jurisdiction.
5.5 You acknowledge that mushly.com reserves the right to determine a minimum age for any User or Service Area in its sole discretion. You agree that if you are not of the minimum age while located in any Service Area, you are prohibited from using, and will not attempt to use, the Service.
6. Electronic Signature
6.1 Under the Electronic Signatures in Global and National Commerce Act (E-Sign), this Agreement and all electronically executed documents related hereto are legally binding in the same way as hard copy documents are executed by hand signature. By pressing "Submit", "Accept", "Agree", "Sign Up", "Join Us", you agree that the Agreement and related documents shall be effective by electronic means. You acknowledge to be bound by the terms of the relevant document and by this Agreement. You confirm that you had the ability to print or otherwise store the Agreement and related documents.
7. Charges and Fees
7.1 You understand and acknowledge that you may incur fees or charges from mushly.com, Retailers, or other third parties in connection with the goods and services purchased or facilitated through the mushly.com Platform. All Charges will be identified in your cart prior to or during checkout, and in your receipt.
7.2 We may change any Charges at its sole discretion and reserves the right to determine final pricing. Please note that pricing information published on our website may not accurately reflect pricing. We may, at our sole discretion, make promotional offers with differing features and/or Charges to any individual or User. Such offers, unless made to you, have no bearing whatsoever on your use of the website.
8. Product Descriptions
mushly.com does not warrant that Product descriptions, images, or other Content (defined below) available on the mushly.com Platform is accurate, complete, reliable, current, or error-free.
9.2 You agree that, if you have provided mushly.com with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to mushly.com and (2) that you have brought to the attention of any such third party the Privacy Notice available on the mushly.com ’s website or otherwise provided a copy of it to the third party. You agree to indemnify mushly.com in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
10.1 mushly.com makes no warranty or representation that the Web Site 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 our Service.
10.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
11. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
mushly.com accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12. Creating an Account
12.1 Using some aspects of our Services, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete and kept up to date and may include but are not limited to the following. Your name, age, email address, mobile number, compliance or banking details and identification documents.
12.2 You should note that a failure to provide true, accurate, complete and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether or not you authorize it.
12.3 You must not select or use the account of another person with the intent to impersonate that person; use the account of another person without having their expressed authorisation. Please note that in any such case we reserve the right to refuse a registration or to cancel an account at our discretion.
12.4 We must not be liable to make any compensation, monetary or otherwise, following such suspension, termination or inability to use our Services. You are responsible for any fees that mushly.com incurs with respect to your Account as a result of any of the foregoing.
12.5 You hereby authorize us, or a third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the information you submit and to take any action we deem necessary based on the results.
13. Keeping your Account Safe
13.1 In order to access your Account, you will be required to provide your member name and password and must follow our two-way authentication process. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify mushly.com immediately if the security of your account has been compromised and you accept and acknowledge that mushly.com does not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.
13.2 Please note that mushly.com will never ask you to disclose your account password. If we do those will be conducted through our website after you have logged into our website and confirmed your identity. Please do not follow or open any embedded links in an email that require you to disclose any confidential information. mushly.com will never share your account password.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, mushly.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
14.2 Nothing in these terms and conditions excludes or restricts mushly.com`s liability for death or personal injury resulting from any negligence or fraud on the part of mushly.com.
14.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions. However in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
15.1 All Members must refrain from the following; a) any fraudulent act or attempt to engage in any defrauding or deceiving conduct; b) any misrepresentation or misstatement; c) any measure or act with the intention to disgruntle, disturb, disrupt or disrepute our Services; d) any pre-arranged or disclosed trades; e) any activity that may amount to money laundering, in particular wash trades, money passes; f) any activity that may amount as criminal conduct or bullying and harassment;
15.2 If we suspect that you have violated any of those rules you will be given written notice and we may temporarily suspend your account. You will be given 15 days’ notice to rebuttal any such allegations in writing explaining why such action would be inappropriate. We reserve the right to terminate your account should you fail to respond to such notice or if your submissions fails to address the alleged conduct in a suitable manner. We may also share the circumstances and information regarding the allegations with our legal department or law enforcement agencies.
16. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to mushly.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.