Terms of Service

This agreement applies as between you, the User of this Web Site and MycoMatic.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.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

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 MycoMatic.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 MycoMatic.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.

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 MycoMatic.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.

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 MycoMatic.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of MycoMatic.com. To find out more please contact us by email at MycoMatic.com.

This Web Site and our Service

5.1 You expressly agree and acknowledge that MycoMatic.com (i) is a technology Mycology provider; (ii) is not a licensed medical or adult-use Magic Mushroom 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 mushrooms.

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 MycoMatic.com Platform. MycoMatic.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 MycoMatic.com and must be at least 21 years old to use the MycoMatic.com to order, receive, or facilitate delivery of mycology spores. By using the MycoMatic.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 MycoMatic.com, be permitted to order mycology spores to the laws of your jurisdiction.

5.5 You acknowledge that MycoMatic.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.

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.

Charges and Fees

7.1 You understand and acknowledge that you may incur fees or charges from MycoMatic.com, Retailers, or other third parties in connection with the goods and services purchased or facilitated through the MycoMatic.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.

Product Descriptions

MycoMatic.com does not warrant that Product descriptions, images, or other Content (defined below) available on the MycoMatic.com Platform is accurate, complete, reliable, current, or error-free.

Privacy

9.1 For the purposes of applicable data protection legislation, the MycoMatic.com will process any personal data you have provided to it in accordance Privacy Policy available on the MycoMatic.com website or on request from MycoMatic.com.

9.2 You agree that, if you have provided MycoMatic.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 MycoMatic.com and (2) that you have brought to the attention of any such third party the Privacy Notice available on the MycoMatic.com ’s website or otherwise provided a copy of it to the third party. You agree to indemnify MycoMatic.com in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

10.1 MycoMatic.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.

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.

MycoMatic.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.

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 MycoMatic.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.

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 MycoMatic.com immediately if the security of your account has been compromised and you accept and acknowledge that MycoMatic.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 MycoMatic.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. MycoMatic.com will never share your account password.

Limitation of Liability

14.1 To the maximum extent permitted by law, MycoMatic.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 MycoMatic.com`s liability for death or personal injury resulting from any negligence or fraud on the part of MycoMatic.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.

Conduct

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.

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.

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.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to MycoMatic.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.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

XS Distribution, LLC. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from XS Distribution, LLC. via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text “HELP” to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.