Terms of Service
Copyright and all other rights not expressly granted to users under these Terms are reserved by Gwella, and any additional uses of the Site or its contents require our prior written permission.
These Terms are current as of the "updated” date which appears at the top of this page. At any time without notice or liability, and for any reason, we may update, change, suspend or terminate any aspect of these Terms or the Site. Please consult these Terms periodically to ensure that you are familiar with the most recent version. Your continued use of the Site following the posting of changes to these Terms will mean that you accept and agree to those changes.
PrivacyYour use of the Site and our use of certain information about you are subject to our privacy statement available
click here(“Privacy Statement”).
Through your use of the Site you consent to the collection, use and disclosure of your information in accordance with the Privacy Statement. In case of any inconsistency between these Terms and any terms set out in the Privacy Statement, the terms of the Privacy Statement will prevail.
User Content and ConductAll information, data, text, messages and other materials and content (“Content”) that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Site are submitted at your own risk and are your sole responsibility. If you are posting Content generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You should not submit any Content that may cause harm or injury to any party.
You agree that you are responsible for your own conduct when using the Site. Content belonging to others may be copied and printed for your personal use only. Misuse or unauthorized use of the Site or its contents (including any information, images or other materials on the Site) is strictly prohibited, and Gwella reserves the right, at its sole discretion and without liability, to immediately suspend or terminate access by any user who is using, or who Gwella reasonably believes may be using the Site or its contents in violation of these Terms. You agree that you will use the Site, including all Content, only in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Site, you agree not to:
- copy, distribute or otherwise make available material from the Site for commercial exploitation without the express written permission of Gwella;
- use the Site in a way that could damage it or the material displayed on it;
- interfere with website security or the security of the linked websites;
- disrupt or interfere with another person’s use of the Site;
- use or attempt to use another person’s account or password;
- attempt to gain unauthorized access to the restricted areas of the Site;
- upload, download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of our networks connected to the Site; or
- violate or infringe any right of any third party.
Access and InterferenceYou agree that you will not use any spiders, robots, other automatic devices, or manual processes to monitor or copy the Site or any content available on the Site, or the use of the Site or any such content by any party, or for any other unauthorized purpose without our express prior written permission. You agree that you will not use any device, software or routine to interfere or to attempt to interfere with the proper working of the Site; to destroy, manipulate, remove, destroy or impair any portion of our website; or to disrupt our servers or network, nor will you do or cause to be done anything that imposes an unreasonable or disproportionately large load on our infrastructure.
Rights to Unsolicited IdeasIf you submit any unsolicited ideas, comments or other feedback (“Feedback”) to us regarding our products, the Site and/or the content available on the Site, you agree that such Feedback (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that Gwella and its affiliated companies may use (or not use) and exploit any Feedback in any way at their discretion, without compensation or obligation to you or to any other party.
Wholesale Terms and Conditions (All figures are in $USD currency)Orders: All individual sku increases to any MOQ or bundle must be in a minimum of 3 case increments Pricing: All prices are listed in USD dollars, all prices are subject to change without notice
Pricing PolicyCustomers may not use the Mojo Microdose name or any other Gwella products names to advertise or otherwise promote any Gwella product at a net price that is lower than our set MAP. Sales and promotional events that involve lowering the net price should be short-term and infrequent and will require the prior written approval of Gwella Mushrooms Inc. for Mojo Microdose, if less than $25.49 for a 20-pack or $8.49 for a 5-pack., and if less than 19.54 for the Gwella Intention Cards.
Suggested Retail priceMojo Microdose: 20-pack, $29.99 and 5-pack, $9.99
Intention Cards: $22.99
ListingsBrand guidelines and a product description will be provided via the retail/distribution digital catalogue by Gwella.
Any authorized or unauthorized reseller of any Gwella product may not in any manner or media whatsoever, including without limitation digital ads, websites, email marketing, social platforms, and third-party sites and affiliates, resell any products of the Company on Amazon, eBay, Etsy, Poshmark or other third party marketplaces.
ImagesYou may request the use of our branded images found on our website or social media pages, however, Gwella does not grant you exclusive rights over this property which is solely owned by Gwella. We have the right to discontinue your right to use our imagery & trademarks at our sole discretion.
Paid AdvertisingAny authorized or unauthorized reseller of any Gwella product may not in any manner or media whatsoever, including without limitation digital ads, websites, email marketing, social platforms, and third-party sites and affiliates, bid on any of the following restricted keywords, without limitation across any ad bidding platform including but not limited to Google Adwords, Amazon Adwords, or other ad bidding platforms.
Restricted keywords: Gwella, Mojo, Mojo Gummy, Mojo Soft Chew, Mojo by Gwella, Gwella Mushrooms.
Shipping & DeliveryAll orders will be shipped within 5-10 business days from the order processing date. We try our hardest to make sure orders arrive as early as possible.
FOB – Destination
CancellationWe reserve any rights to cancel or not deliver the product, due to any external conflicts we may have, a brand image conflict, or your failure to pay an outstanding invoice.
Payment termsPayment terms are outlined on each invoicel. Credit card payments will be processed through Stripe (portal) at the time of payment, or an option for EFT or EMT can be selected at wholesaler request.
Damage claimsAll shipments must be inspected at delivery, and if product is damaged on landing, images must be taken and sent to Gwella immediately for a chance at a refund.
RefundsIf the damage is irreparable to a part of the shipped goods Gwella may authorize a return, and will discuss return shipping costs.
Our Intellectual Property RightsThe Site, and any content available on the Site and other information and materials created or supplied by us, and the selection and arrangement thereof, are owned by us or our third party licensors and are protected by Canadian and international copyright, and other intellectual property laws and treaty provisions.
All trademarks and design marks, trade dress, service names, logos and associated designs used in connection with the Site are trademarks and/or registered trademarks of Gwella and/or its affiliates, licensors, or related companies. Except as expressly permitted by law, the use, copying, imitation or modification of any trademarks without the express written consent of the owner of the trademark is strictly prohibited. You will not remove, alter or conceal any trademark or other proprietary rights notices incorporated into or accompanying the Site, any content available on the Site or any other information or materials accessed through the Site.
EquipmentYou are solely responsible for obtaining, maintaining and paying for all communications services, mobile devices, computer hardware, and other equipment and services required to access and use the Site and any content accessed or obtained through your use of the Site. Use of the Site is solely at your own risk. Gwella assumes no responsibility and shall not be liable for any damage to, or viruses that may infect your software, computer equipment (including mobile devices) or other property as a result of your access to, use, or browsing of the Site or associated websites, or from using or downloading any information, data, text, software, photographs, graphics, images, messages, ideas or other content.
IndemnityYou agree to defend, indemnify and hold us, our affiliates and licensors, and each of our respective officers, partners, directors, employees and agents harmless, from and against any and all losses, costs and damages, including those arising in connection with any third party claims, resulting from or related to: (a) your breach of these Terms, (b) your access to or use (or misuse) of the Site or its content; (c) your use, submission or transmission of any Content, (d) your use of or reliance upon, or publication, communication or distribution of any materials from any third party source, or (e) your violation of any other party’s rights including, without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You shall use your best efforts to cooperate with us in the defense of any claim made against us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Disclaimer of WarrantiesYou expressly understand and agree as follows:
(a) the site is provided to you for your personal use in accordance with these terms. Your use of the site, including any links or content, is at your sole risk. To the maximum extent permitted by applicable law, the site, our content, and any other information and materials that we make available to you or that you access through the use of the site, is provided on an "As is" and "As available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we make no warranty that (I) the site or any content, linked or related websites, or other materials will meet your expectations or satisfy your requirements, (ii) the use of the site or any content, linked or related websites or other materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site or any content will be complete, accurate, reliable or useful, (iv) the quality of any listings, products, services, programs, information, or other material accessed by you through your use of the site will meet your expectations, or (v) any errors in the site, content, or other materials will be corrected.
(c) any content or other material downloaded or otherwise accessed or obtained through the use of the site is done at your own discretion and risk, and you will be solely responsible for any harm or damage, including (but not limited to) damage to your computer system or loss of data, that results from the download of any such content or material.
(d) to the maximum extent permitted by applicable law, you agree that no advice or information, whether oral or written, obtained by you from us, through your use of the site, or through or from any other website or publication, will create any warranty or other liability not expressly stated in these terms.
Limitation of liabilityYou acknowledge and agree that if you are dissatisfied with the site or its contents, or with any results obtained through the use of the site, your only remedy is to discontinue use of the site.
You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the site or any content; (ii) any errors or omissions in the site or any content; (iii) the suspension or termination of your ability to access the site; (iv) any interruption or cessation of transmission to or from our site or failure of our systems; (v) any bugs, viruses or the like that are transmitted to or through our site by any third party; or (vi) any other matter or event relating to or resulting from your or any other party’s use of the site.
You expressly acknowledge that we have entered into this agreement with you, and have and will make the site available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these terms, and that the same form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth in these terms will survive, and continue to apply in the case of, fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of the agreement between you and us.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that our liability shall be limited to the greatest extent permitted by applicable law.
TerminationYou may discontinue your use of the Site at any time, for any reason or for no reason.
In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Site or any party’s ability to access or use the Site, our materials or other Content, at any time and for any reason (or no reason), including any breach by you of these Terms.
Upon termination, you will have no further right to access or use the Site, and any rights and licenses granted to you under these Terms will terminate. Termination or other discontinuation of your use of the Site will not relieve you of any obligations arising prior to termination regarding the use and protection of intellectual property or confidential information, ownership, or indemnification, nor will it relieve you of any liability for any breach of these Terms. Upon termination, we will have the right, but not the obligation to retain any Content or other information that you have submitted.
MiscellaneousThese Terms will be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflicts of laws principles.
Any dispute or claim arising out of or relating to these Terms will be referred to and finally resolved by arbitration administered by the Ontario Judicial System pursuant to its applicable Rules. The place of arbitration shall be Toronto, Ontario, Canada and the language of the arbitration shall be English. The number of arbitrators shall be one (1). Notwithstanding the foregoing, Gwella may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms are specifically enforceable by Gwella through injunctive relief and other equitable remedies without proof of monetary damages. You agree that any claim or action brought by you in connection with these Terms or your use of the Site or its contents will be brought within twelve (12) months of the first occurrence of the loss or damage on which the claim is based.
Any products and services offered through the Site are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing your use of the Site.
These Terms contain the entire agreement between you and us governing your use of the Site. The legal agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you. We may assign this agreement and/or any of our rights or obligations under these Terms at any time.
Our failure to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.
No use of the Site or any content available on the Site will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship, even if your use is for a commercial purpose which has been authorized by us. You and Gwella shall, at all times, be and remain independent contractors.
The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision will be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions will remain in full force and effect.
Gwella may communicate with you by email or by posting notices on the Site. You consent to receive communications from Gwella electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You further agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Site, will be written in the English language.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.