Terms & conditions
Last updated: November 26, 2024
1. THE SITE AND OFFERINGS; ACCEPTANCE OF TERMS
Issei Mochi Gummies, a brand owned by The Stardust Company (“Issei,” “us,” or “we”) provides the website at https://www.mochigummies.com (the “Site”), as well as the services and products available on the Site, including any content therein (collectively, the “Offerings”). These Terms of Use (the “Terms”) govern your access to and use of the Site and Offerings, including purchases of Issei Mochi Gummies products. These Terms are in addition to any other agreements between you and Issei. The Terms are effective from the moment you access or use the Site and/or Offerings. Issei reserves the right to modify these Terms at any time, with or without notice. You acknowledge and agree that it is your responsibility to review the Terms periodically. Your continued use of the Site and Offerings constitutes acceptance of any modified Terms.
THESE TERMS INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY TRIAL WAIVER. MORE INFORMATION ABOUT THE CLASS ACTION WAIVER AND JURY TRIAL WAIVER CAN BE FOUND IN THE SECTIONS BELOW.
2. UPDATES TO THE SITE AND OFFERINGS
The Offerings include, but are not limited to, the ability to browse and purchase Issei Mochi Gummies products. Issei may, at its sole discretion, make updates to the Site, including upgrades, bug fixes, patches, and new features (collectively, “Updates”). Updates may modify or remove certain features and functionality of the Offerings. You agree that Issei is under no obligation to provide Updates, and we are not responsible for any interruption, suspension, or discontinuation of the Offerings. We reserve the right to change, suspend, or discontinue the Offerings at any time without liability to you or any third party.
3. TEMPORARY INTERRUPTIONS
You acknowledge that temporary interruptions of the Site may occur as a normal part of the operation of the Site, and you agree that Issei is not responsible for any loss, delay, or failure of the Offerings resulting from such interruptions. We do not control the third-party networks or services that may be involved in providing the Offerings, and we are not liable for any disruptions caused by those parties.
4. PRODUCT DESCRIPTIONS, PRICING AND AVAILABILITY
Issei will make reasonable efforts to keep the Issei Mochi Gummies products listed on the Site in stock. However, product availability is always subject to change, and we are not responsible for any out-of-stock or discontinued products. Product pricing is displayed in U.S. Dollars and are subject to change at any time without prior notice. We reserve the right to correct any inaccuracies or cancel orders due to incorrect or outdated information regarding product descriptions, pricing, or availability.
5. ACCOUNTS
You may need to create an account to purchase Issei Mochi Gummies or otherwise use the Offerings. You agree to provide accurate, current, and complete information and to update such information as necessary.
6. PAYMENT
If you purchase Issei Mochi Gummies or any other Offerings on the Site, you agree to pay all fees associated with your purchase. You must provide accurate and complete billing information, including valid payment details. Payment processing is managed by third-party services. If your payment is declined or otherwise fails, Issei reserves the right to suspend or terminate your access to the Offerings and require you to settle any outstanding fees by other means. You are responsible for any overdue amounts, including chargeback fees and legal expenses in the event collection actions are necessary.
7. SHIPPING AND DELIVERY
Shipping fees and estimated delivery times may vary depending on your location and product availability. Title to products and risk of loss shall transfer to you upon delivery to the carrier.
8. RETURNS AND REFUNDS
Please refer to our Return Policy for detailed information regarding returns and refunds.
9. THIRD-PARTY SITES AND INFORMATION
The Site may link to third-party websites or services. We do not endorse and are not responsible for the content or legality of third-party sites and disclaim all liability for errors, omissions, or problems related to third-party information. Access to third-party sites is at your own risk, and you are subject to their terms of use.
10. PROMOTIONS
Any promotions made available through the Site (“Promotions”) may have additional terms that differ from these Terms. You should review the specific rules for each Promotion. In the case of any conflict between the Promotion rules and these Terms, the Promotion rules will control.
11. ISSEI MOCHI INTELLECTUAL PROPERTY
The Site and Offerings (including all content therein) are owned or licensed by Issei and are protected under copyright, trademark, and other intellectual property laws. The trademarks, service marks, and logos used on the Site are owned or licensed by Issei. By using the Site, you acknowledge that Issei retains all intellectual property rights related to the Offerings.
12. SCOPE AND RESTRICTION ON USE
Subject to these Terms, Issei grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Offerings for personal, non-commercial use only. You may not copy, download, distribute, or modify any content on the Site without express written permission from Issei Mochi. You also agree not to:
• Collect information from the Site or Offerings using automated tools.
• Attempt unauthorized access to any restricted areas of the Site or our systems.
• Interfere with or harm the Site’s functionality or other users’ access.
• Use the Offerings or Site for unlawful purposes.
13. WARRANTIES; DISCLAIMER
By using the Offerings, you represent and warrant that you have read and understood these Terms and the Privacy Policy, and that you are at least 18 years old or are accessing the Site under the supervision of a parent or guardian.
ALL CONTENT AND OFFERINGS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Issei does not guarantee that the Site will be error-free, uninterrupted, or secure. We do not guarantee that the results of using the Site or Offerings will meet your expectations or be free from defects.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Issei and its officers, directors, employees, agents, licensors, and service providers will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Site or Offerings, including, but not limited to, bodily injury, death, loss of revenue, or data loss. In no event shall Issei’s total liability exceed $100. Some jurisdictions do not allow the exclusion of liability for certain damages, so these limitations may not apply to you.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Issei, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney fees) arising from your use of the Site, violation of these Terms, or infringement of any rights. Issei reserves the right to assume exclusive control of any defense and settlement of a claim.
16. PRIVACY POLICY
All information collected by Issei is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Site, you consent to our use of your information in accordance with the Privacy Policy.
17. SUSPENSION/TERMINATION OF ACCESS
Issei reserves the right to suspend or terminate your access to the Site and Offerings at any time for any reason, including for violations of these Terms. We may suspend or terminate your access if we suspect fraudulent, abusive, or illegal activity.
18. NO RIGHT TO OFFERINGS UPON TERMINATION
Upon termination, your right to use the Site and Offerings will immediately cease. We are not liable for any damages resulting from termination, and certain provisions of these Terms will survive termination, including your liability for unpaid fees.
19. INTERNATIONAL USE
Although the Site is accessible worldwide, Issei makes no representation that the Site or Offerings are appropriate or available for use in locations outside the United States. If you access the Site from outside the U.S., you are responsible for complying with local laws, including tax regulations.
20. GOVERNING LAW, JURISDICTION, AND VENUE
These Terms are governed by the laws of Delaware, without regard to conflicts of law principles. Any dispute will be resolved in the courts located in Delaware. You waive your right to a jury trial and agree to resolve any disputes individually, not as part of a class action.
21. NOTICES
All notices to us should be sent to email@mochigummies.com, or to our address at: The Stardust Food Company, 687 Lofstrand Lane, Rockville, MD 20850. Notices to you may be sent to the email address provided or the address on record.
22. WAIVER AND SEVERABILITY
Failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any part of these Terms is found to be invalid or unenforceable, the remainder will continue in effect.
23. ENTIRE AGREEMENT
These Terms, along with the Privacy Policy, constitute the entire agreement between you and Issei regarding the Site and Offerings, superseding any previous agreements. Any conflicting terms in other documents will be overridden by these Terms.
24. QUESTIONS
For any questions about the Site, Offerings, or these Terms, please contact us at
email@mochigummies.com
25. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, you may report complaints to the California Department of Consumer Affairs using the contact information provided in California Civil Code §1789.3.