Consumer Mushroom Subscription Terms of Service
SUBSCRIPTION AGREEMENT FOR CONSUMERS
SUBSCRIPTION AGREEMENT FOR CONSUMERS
NourishCap and Consumer (the “Consumer”), mutually agree to the following terms and conditions, including those terms and conditions contained in the Schedule “A” hereto and which are incorporated into this agreement by reference (collectively, the “Agreement”) with respect to all subscriptions and orders entered into by Consumer.
1. Agreement Overview
1.1 The Consumer hereby retains NourishCap to provide mushroom packages including any derivative, replacement and follow-on services thereto (the “Services”). Services are delivered via subscription. Each subscription is 180 days. Subscription automatically renew unless discontinued by either party by notice to the other party, not less than 60 days before expiration. On the first subscription, the lead time for Consumer to receive mushrooms will be up to about 45 days. The Parties acknowledge that NourishCap is growing the product, and the product growth is not entirely predictable.
1.2 This agreement represents a service level agreement between NourishCap and the Consumer for the provision of the Services.
1.3 Any additional or future services that the parties agree shall be subject to this Agreement.
2. Service Agreement
2.1 The following service parameters are the responsibility of NourishCap in the ongoing support of this Agreement:
(a) to mutually agree with Consumer on quantities and types of mushrooms (collectively “Mushrooms”) that includes Mushrooms descriptions, Mushrooms cost to Consumer, all of which may be changed from time to time if mutually agreed upon by the parties; Prices will be established at the time of each subscription; NOURISHCAP'S SOLE AND EXCLUSIVE WARRANTY IS TO PROVIDE CONSUMER WITH THE PRODUCTION FROM ITS SUBSCRIPTION BLOCKS IN A TIMELY MANNER; NOURISHCAP WARRANTS ONLY THAT THE MUSHROOMS PROVIDED WILL MATCH THE VARIETY CONSUMER SUBSCRIBED TO; EXCEPT AS OTHERWISE REQUIRED BY LAW, ALL OTHER WARRANTIES ARE EXCLUDED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE;
(b) to work with NourishCap to setup the ability to receive orders or subscriptions via the NourishCap website portal;
(c) to notify Consumer by email if issues arise that will affect or delay the order fulfillment;
(d) to fulfill and have complete orders;
(e) to provide Mushrooms on a subscription basis. NourishCap will provide a receipt of payment. Payments are due on a monthly basis and will be automatically deducted from the payment source provided by Consumer;
(f) to inform NourishCap in writing at [email protected] of any concerns or discrepancies in connection with an order summary no less than 30 days from the statement date of such order summary.
2.2 The following service parameters are the responsibility of Consumer in the ongoing support of this Agreement:
(a) All Mushrooms must be properly cooked and prepared. Mushrooms must be washed and cannot be served raw. Consumer is responsible for food safety. Mushrooms are natural products. Some people have allergic reactions to some or all mushrooms. Consumer is solely responsible for determining any potential reactions or interactions with food or medication they consume.
(b) Consumer is responsible for proper storage of Mushrooms and for using the Mushrooms while fresh and discarding the Mushrooms when no longer fresh.
3. Pricing
3.1 The amount paid by Consumer to NourshCap for a subscription is the price described in the applicable subscription description at NourishCap.com. The subscription will be agreed to at the time when the Consumer enters its subscription order. Prices will change from time to time and will be current in the applicable subscription description at NourishCap.com.
3.2 Refunds are solely at the discretion of NourishCap. Refunds are not payable for Mushrooms that are delivered in accordance with the Agreement, but not consumed in a timely manner. Refunds must be requested within two (2) weeks of delivery of the Mushrooms with a clear explanation of the reason the refund is requested.
4. NourshCap Food Health Standards
4.1 NourishCap agrees that all orders must satisfy the local governing health regulation for growing and storage prior to delivery of food products. NourishCap agrees that violating these standards will be grounds for immediate termination of this Agreement by Consumer. NourishCap is not responsible for allergic reactions or medical interactions by persons consuming mushrooms and is not responsible for mushrooms after delivery to Consumer.
5. Miscellaneous
5.1 Nothing in this Agreement will constitute a commitment by NourishCap to send to the Consumer any quantity of Mushrooms except as specifically agreed by the parties. Consumer understands and agrees that NourishCap is growing the mushrooms and available quantities may vary. Consumer is subscribing to the production from a particular block, not for a specific quantity, and production will vary over time and with individual blocks.
5.2 Consumer agrees that it has read, understood, and agreed to these terms in Schedule A by placing an order with NourishCap.
Schedule A
Additional Terms and Conditions
NourishCap and Consumer mutually agree to the following additional terms and conditions.:
1. Intellectual Property Rights and Confidential Information
1.1 NourishCap shall own and retain all right, title, and interest to its intellectual property, whether registered or not, including patents, inventions (whether or not patentable), trademarks, trade names, service marks, copyrights, software, source code, and any registrations and applications for registration of any of the foregoing and confidential and proprietary information including trade secrets.
1.2 For the purposes of this Agreement, “Confidential Information” means any and all material and information of NourishCap or NourishCap customers, including any personal information (as defined in the Personal Information Protection and Electronic Documents Act) and any information, whether recorded in a material form or not, about or related to an identifiable person, including an individual who can be identified directly or indirectly from the information, and in the case of NourishCap includes all such information of NourishCap and NourishCap affiliates relating to its or their respective customers, clients, clients’ customers, suppliers, partners, and their employees and contractors, which has or will come into the possession or knowledge of the Merchant in connection with or as a result of entering into this Agreement or performance of the Services. For clarification, Consumer owns its Confidential Information including information identifying Consumer.
1.3 Consumer acknowledges that all Confidential Information consists of confidential and proprietary information. Except as required by law, rule, regulation, or court order the Consumer agrees to keep all Confidential Information in strict confidence.
1.4 Upon the termination or expiry of this Agreement, the Consumer will return to NourishCap all Confidential Information which is then in Consumer's possession or control, and will remove all digital representations thereof in any form from all electronic storage media in its possession or under its control.
2. Limitation of Liability
2.1 Under no circumstances shall either party have any liability, whether in contract or for negligence or otherwise and whether related to any single event or series of connected events, for any incidental, indirect or consequential damages or loss of profits, loss of business, revenue or anticipated savings or other economic loss arising out of or in furtherance of the provisions or objectives of this Agreement whether or not the party was informed or was aware of the possibility of such loss. Except as otherwise required by law, NourishCap's total liability is limited to amounts paid by Consumer to NourishCap in the 180 day period subscription preceding the event involved in the dispute.
3. Termination
3.1 Either party shall have the right to terminate all or any part of this Agreement at the end of any subscription period.
4. Severability
4.1 The invalidity or unenforceability of any particular provision of this Agreement will not affect or limit the validity or enforceability of its remaining provisions.
5. Survival
5.1 Any provision of the Agreement that contemplates performance or observance subsequent to termination or expiration of the Agreement will survive termination or expiration of the Agreement and will continue in full force and effect, including, but not limited to, those relating to confidentiality, proprietary rights, warranties, indemnification, limitation of liability, non-solicitation, non-competition, and dispute resolution.
6. Binding Effect and Assignment
6.1 This Agreement shall be binding upon and shall enure to the benefit of and be enforceable by each of the parties, their respective successors, and permitted assigns. This Agreement may not be assigned by the Consumer. All or part of this Agreement may be assigned by NourishCap to any person who acquires all or part of NourishCap’s business, or to another supplier of Mushrooms in the event NourishCap is unable to provided Mushrooms with respect to any order and such assignee may enforce this Agreement as if such assignee was a party hereto.
7. Governing Law
7.1 This Agreement is governed by, and is to be interpreted, construed, and enforced in accordance with the laws of Indiana and the United States, excluding any rule or principle of conflicts of law that may provide otherwise.
8. Jurisdiction
8.1 The parties irrevocably attorn to the jurisdiction of the courts of Indiana, which will have exclusive jurisdiction over any matter arising out of this Agreement.
9. Modification and Waiver
9.1 No waiver of satisfaction of a condition, non-performance of an obligation, or modification of any provision under this Agreement shall be effective unless it is in writing and signed by the party granting the waiver. No waiver under this section affects the exercise of any other rights under this Agreement. NourishCap has the right to change these terms at any time with respect to any new subscription, and revision of terms on NourishCap's website is sufficient notice to Consumer.
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Disclaimers:
NourishCap does not provide legal advice. NourishCap does not provide mental health, clinical, or medical services. NourishCap is not responsible for the actions of its members.
NourishCap does not encourage or condone any illegal activities, including but not limited to the use of illegal substances. NourishCap is not a substitute for medical, psychological, or psychiatric diagnosis, treatment, or advice.