Terms & Conditions
Terms & Conditions
Please read these Terms & Conditions ("terms", "terms and conditions") as well as our Privacy Policy carefully before using this website.
These terms apply to https://magiccactus.com (the "Site"). The Site is the property of THE MAGIC CACTUS COMPANY INC (“the Company,” “Us,” “Our,” and/or “We”), and its affiliates, subsidiaries, parent company, and other related companies. The Company operates the Site, an online e-commerce platform connecting lawfully compliant Users and providing educational information to lawfully compliant Users (the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you”, “your” and “User” refer to you, a user of our Site and/or Services.
This Site is intended to be used and accessed by people who are 21 years and older. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.
These terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your” or “User”) and THE MAGIC CACTUS COMPANY INC and its affiliates, subsidiaries, parent company, and other related companies (“the Company,” “Us,” “Our,” and/or “We”), governing your access to and use of the https://magiccactus.com website, as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”). The Company operates the Site, an online e-commerce platform connecting lawfully compliant Users and providing educational information to lawfully compliant Users. Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
Use
The Site and the Service is controlled and operated by the Company. The Company makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in your location.
The Company maintains this site for media use as well as your personal entertainment and information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with the Company’s express prior written consent. All rights not expressly granted here are reserved to the Company.
Safety Acknowledgment
Please consult your healthcare professional about potential interactions or other possible complications before using any Product. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our Products. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. Company shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our Products.
Our Products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness. These Products and any statements made regarding these Products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy. By accessing this Site, you acknowledge the information provided on this Site, within any of Company’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided for informational and educational purposes only. In no way is any of the information contained in these terms or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site.
Keep all Products out of reach of children and animals. Use of cannabis or hemp while pregnant or breastfeeding may be harmful. Intoxicating effects of cannabis and cannabis products may be delayed up to two (2) hours.
Consumption of Hemp-Derived Cannabinoids and Drug Testing
The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites. Company cannot guarantee that use of Company’s Products will not result in failed drug screening for THC, other cannabinoids, or their metabolites. Your use of Company’s Products is at your own risk. Company is not responsible for any personal adverse employment or professional action related to your use of the Products.
Rights to Contents and Intellectual Property
The copyrights to all materials, content, and layout of this Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to the Company, its parents, affiliates, subsidiaries, or third-party licensors. With the limited exception for the image and video usage specifically allowed on this website, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without our express prior written consent.
No Warranties
COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
The Company assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data, or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video, or audio from the Site or any linked sites.
Limitation of Liability
In no event shall the Company, its parents, affiliates, subsidiaries, and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of the Site, or your browsing in, or your links to other sites from, this Site.
Indemnification
You agree to defend, indemnify, and hold Company harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.
Communications
You agree that we may send you emails concerning our products and services, and you may send emails to our designated addresses. You are prohibited from posting or transmitting any unlawful or inappropriate material to the Site. Company will cooperate with law enforcement authorities as required by law.
Image & Video Download and Usage
The Company owns or licenses the images and videos on this Site. Subject to these terms, you may use the images and videos for editorial use only. Any misuse or breach of these terms may cause harm to the Company.
Arbitration
In the event of a dispute, you agree to first contact the Company to resolve it. If it cannot be resolved, the dispute shall be resolved by binding arbitration, rather than in court, in accordance with the American Arbitration Association's Rules. The arbitration will be conducted in Scottsdale, Arizona.
Class Action Waiver
Dispute resolution proceedings will be conducted only on an individual basis, not in a class or representative action.
Release
You release the Company from any disputes, claims, or controversies arising out of or related to the Site or Services.
Termination
Company may modify or terminate your access to the Site at its sole discretion, without notice, and without liability.
User Name and Password
You are responsible for maintaining the confidentiality of your user name and password.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications, or sites not owned by the Company do not imply endorsement. The Company is not responsible for the content of any such material.
Linking Policy
The Site may provide links to external sites, which are not under the Company's control. The Company does not endorse the content, products, or services on such sites.
Other
This Agreement constitutes the entire agreement regarding the use of the Site and Services. The Company's failure to exercise any right shall not be deemed a waiver of such right.
United States Governing Law; Void Where Prohibited
This Site is governed by the laws of the State of Arizona, United States of America.
Shipping Policy:
Standard shipping on all orders is $4.99 unless stated otherwise.
Return Policy
The Returns and Refunds policies apply to purchases from the Company only. For third-party sales, refer to their respective policies.
We do not accept returns of any consumable products purchased online. All returned products, without informing us will be discarded on receipt.
Damages and Issues
Please contact us immediately if your order is defective, damaged, or incorrect at hey@magiccactus.com.
California Users and Residents
California residents can contact the Complaint Assistance Unit of the Division of Consumer Services for any unresolved complaints.
Contact
For any queries, contact MAGIC CACTUS at 3370 N HAYDEN RD STE 123, SCOTTSDALE, AZ 85251.