TERMS OF SERVICE

Last updated: July 30, 2026

OVERVIEW

This website is operated by Muskoka Mudita, operating as Fung-Ctional. Throughout this website, the terms “Fung-Ctional,” “we,” “us” and “our” refer to Muskoka Mudita - Mushroom Tea Co.

Fung-Ctional offers this website, including its information, content, features, products and services, to you conditioned upon your acceptance of these Terms of Service.

By visiting our website, creating an account, placing an order or otherwise using our website or services, you agree to be bound by these Terms of Service, along with any additional policies referenced in them, including our:

• Return and Refund Policy

• Shipping Policy

• Privacy Policy

• Any applicable subscription or promotional terms

Please read these Terms carefully before using our website. If you do not agree with them, you should not use the website or purchase our products.

Our store is hosted by Shopify, which provides the ecommerce platform that allows us to offer our products and services online.

1. ELIGIBILITY

By using this website, you confirm that you are at least the age of majority in your province, territory, state or country of residence.

A parent or legal guardian may permit a minor under their supervision to use this website. The parent or guardian remains responsible for the minor’s use of the website and any purchases made through it.

You may not use our website or products for any unlawful or unauthorized purpose.

2. ONLINE STORE TERMS

You agree to provide current, complete and accurate information when placing an order or creating an account.

You are responsible for maintaining the confidentiality of your account information and password and for all activity conducted through your account.

You agree to promptly update your account, billing, shipping and payment information so that we can complete your transactions and contact you when necessary.

You may not:

• Use our website for fraudulent or unlawful activity

• Attempt to gain unauthorized access to the website or another customer’s account

• Introduce viruses, malicious code or harmful technology

• Interfere with the security or operation of the website

• Copy, scrape, reproduce or commercially exploit website content without permission

• Use automated systems to place orders or collect information without authorization

• Submit false, misleading or impersonating information

We reserve the right to suspend or terminate access to the website when we reasonably believe these Terms have been violated.

3. PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, ingredient information, images, sizes, quantities, pricing and availability are accurate.

However, product packaging, ingredients, colours, textures, labels and presentation may be updated from time to time. The product information shown on the physical packaging should be reviewed before consumption or use.

Colours and product appearances may also vary depending on your screen, lighting, production batch or the natural characteristics of the ingredients.

We reserve the right to:

• Update product descriptions or packaging

• Correct errors or omissions

• Limit product quantities

• Discontinue products

• Refuse or cancel orders

• Change prices or promotions

We will not make a material substitution to an order without notifying you when notification is reasonably possible.

4. BEVERAGE PRODUCTS

Our beverage products are sold as food and beverage products and should be used according to their labels and product instructions.

Product descriptions and website content are provided for general informational purposes. They are not intended to diagnose, treat, cure or prevent any disease and should not be considered medical advice.

Individual preferences and experiences may vary.

Before consuming a product, you are responsible for reviewing its ingredient list and other information on the product label, particularly if you have allergies, sensitivities, dietary restrictions, are pregnant or nursing, take medication or have a medical condition.

Questions regarding whether a product is suitable for your individual circumstances should be directed to an appropriate healthcare professional.

Do not consume a beverage if its container is leaking, severely damaged, unusually swollen, improperly sealed or past any applicable safety-related date shown on the packaging.

5. SKINCARE AND TOPICAL PRODUCTS

Our skincare and topical products are intended for external use unless the product label expressly states otherwise.

Before using a product, review its ingredient list and usage instructions. Customers with known allergies or sensitivities are responsible for determining whether a product is suitable for them.

Where appropriate, consider testing a small amount of the product before broader use.

Do not use a topical product on broken or irritated skin unless its directions specifically permit that use. Avoid contact with the eyes and follow all warnings shown on the product packaging.

Results vary between individuals. Product descriptions and customer reviews do not guarantee that a customer will experience a particular result.

Opened or used skincare and topical products may not be eligible for return for hygiene and safety reasons. Please review our Return and Refund Policy before purchasing.

6. UPCYCLED INGREDIENTS

Certain skincare or topical products may contain ingredients thoughtfully upcycled from our beverage production or sourcing processes.

“Upcycled” refers to our effort to give suitable ingredients or materials an additional purpose rather than unnecessarily discarding them. It does not mean that a product is made from unsafe waste or that quality and safety requirements have been reduced.

Product-specific ingredients and instructions will be identified on the applicable product page or packaging.

7. PRICING, TAXES AND CURRENCY

Unless otherwise stated, prices displayed on our Canadian website are shown in Canadian dollars.

Applicable taxes, shipping charges and other permitted charges will be calculated and displayed during checkout before you complete your purchase.

Prices and promotions may change without notice. A price change will not normally affect an order that we have already accepted.

Promotional pricing cannot be applied retroactively unless expressly stated.

If a product is mistakenly listed at an incorrect price, we may contact you to provide the correct information and allow you to confirm or cancel the order. We may also cancel and refund an order affected by a clear pricing or technical error.

8. ORDERS

Submitting an order does not automatically mean that we have accepted it.

Your order is accepted when we send an order confirmation indicating that the order has been approved for processing, subject to payment authorization and product availability.

We may limit, refuse or cancel an order when reasonably necessary, including when:

• A product is unavailable

• Payment cannot be authorized

• Order information appears incomplete or inaccurate

• We suspect fraud or unauthorized activity

• A pricing, inventory or website error occurred

• An order appears intended for unauthorized resale

• The shipping destination is outside our available service area

• Fulfilling the order would violate a law or carrier restriction

If we cancel an order after payment has been collected, we will refund the affected amount to the original payment method.

We may limit quantities purchased per customer, household, account, payment method or shipping address.

9. PAYMENT

You authorize us and our payment-processing providers to charge the payment method selected during checkout for the total amount shown.

Payment information is processed by third-party payment providers. We do not independently control all aspects of their security, authorization or processing systems.

You represent that you are authorized to use the payment method supplied with your order.

We are not responsible for fees charged by your bank, credit-card provider or other financial institution, including foreign-transaction, insufficient-funds or currency-conversion fees.

10. SHIPPING AND DELIVERY

Shipping times are estimates unless we expressly guarantee a delivery date in writing.

Delivery may be affected by weather, carrier interruptions, remote destinations, high order volumes, incorrect address information and events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

Our Shipping Policy forms part of these Terms and provides additional information about:

• Processing times

• Shipping options

• Delivery estimates

• Shipping charges

• Address changes

• Delayed or missing packages

• Packages marked as delivered

Nothing in these Terms limits any mandatory delivery rights available under applicable consumer-protection laws.

11. RETURNS, REPLACEMENTS AND REFUNDS

Returns, replacements and refunds are governed by our Return and Refund Policy, which forms part of these Terms.

Because beverages and skincare products have different food-safety, hygiene and quality considerations, different return rules may apply to each product category.

Returns must receive approval before being mailed to us. Refunds for eligible returned products are issued after the return has been received, inspected and approved.

Nothing in our Return and Refund Policy limits rights that cannot lawfully be waived.

12. PROMOTIONS, DISCOUNT CODES AND GIVEAWAYS

Promotions and discount codes may be subject to additional conditions, including:

• Start and end dates

• Minimum purchase requirements

• Product exclusions

• Customer or geographic restrictions

• Usage limits

• Restrictions against combining offers

Unless otherwise stated, discount codes cannot be combined, exchanged for cash or applied to previous orders.

We may cancel or correct a promotion affected by fraud, misuse, technical errors or inaccurate promotional information.

Contests and giveaways may be governed by separate official rules. Where separate rules are provided, those rules will apply in addition to these Terms.

13. GIFT CARDS

Gift cards, when offered, may be used only according to the conditions provided at the time of purchase.

Gift cards are not redeemable for cash except where required by law.

Customers are responsible for protecting gift-card information. We are not responsible for unauthorized gift-card use unless caused by our own error or where applicable law requires otherwise.

14. OPTIONAL AND THIRD-PARTY SERVICES

Our website may provide access to tools, applications, payment services, shipping services or content operated by third parties.

These services may be subject to their own terms and privacy practices. We do not control every aspect of third-party services and are not responsible for their independent actions, availability or content.

Links to third-party websites are provided for convenience and do not necessarily mean that Fung-Ctional endorses every product, service, statement or practice found there.

You should review the relevant third party’s terms and policies before using its services or completing a transaction.

15. CUSTOMER COMMENTS, REVIEWS AND SUBMISSIONS

When you submit a review, photograph, comment, testimonial, suggestion, recipe, idea or other content to us, you confirm that:

• You created the content or have permission to submit it

• The content is accurate to the best of your knowledge

• The content does not infringe another person’s rights

• The content is not unlawful, defamatory, threatening, hateful, deceptive or obscene

• The content does not contain malicious code or unauthorized advertising

You retain ownership of your original content.

By submitting content to us, you grant Fung-Ctional a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit, publish, translate and display that content for operating and promoting our business, subject to applicable privacy laws and any written agreement between us.

We may remove or decline to publish content that violates these Terms.

We are not required to publish every review or submission. However, we will not intentionally suppress genuine reviews solely because they express a negative opinion.

16. INTELLECTUAL PROPERTY

The website and its contents—including the Fung-Ctional name, logos, product names, packaging, designs, graphics, photographs, videos, written copy, icons and other brand materials—are owned by or licensed to Fung-Ctional and are protected by applicable intellectual-property laws.

You may use the website for personal, non-commercial shopping and informational purposes.

You may not reproduce, modify, distribute, sell, license, publish, create derivative works from or commercially exploit our content without prior written permission.

Nothing in these Terms transfers ownership of our intellectual property to you.

17. ACCURACY OF WEBSITE INFORMATION

We aim to keep website information current and accurate, but some information may occasionally contain typographical errors, inaccuracies or omissions.

We may correct errors and update information at any time, including after an order has been submitted. Where a correction materially affects an accepted order, we will provide an appropriate remedy, which may include allowing the customer to cancel the affected item.

Historical information may be provided for reference and may no longer reflect current products, pricing or practices.

18. PROHIBITED USES

You may not use the website:

• For unlawful or fraudulent purposes

• To violate intellectual-property rights

• To harass, threaten, discriminate against or harm another person

• To submit false or misleading information

• To transmit malicious software

• To collect personal information without authorization

• To spam, phish, scrape or interfere with the website

• To bypass security features

• To place fraudulent orders or initiate improper payment disputes

• To resell our products in a way that falsely suggests an authorized relationship with Fung-Ctional

We may terminate access for a violation of this section.

19. PERSONAL INFORMATION

Our collection, use and disclosure of personal information are governed by our Privacy Policy.

By using our website, you acknowledge that your information may be processed by Shopify and other service providers necessary to operate our store, process payments, deliver orders, prevent fraud and provide customer support.

Please review our Privacy Policy for more information about how personal information is handled and the choices available to you.

20. DISCLAIMER OF WARRANTIES

We make reasonable efforts to provide a secure, accurate and reliable shopping experience.

However, except for warranties or protections that cannot legally be excluded, the website and its content are provided on an “as available” basis.

We do not guarantee that:

• The website will always be uninterrupted or error-free

• Every website error will be immediately corrected

• All products will always be available

• Website content will meet every customer’s individual expectations

• The use of a product will produce a specific personal result

Products remain subject to any express warranties, mandatory legal warranties and consumer rights applicable to the purchase.

21. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Fung-Ctional and its owners, directors, employees, contractors, affiliates and service providers will not be liable for indirect, incidental, special or consequential losses arising solely from the use or inability to use the website.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability arising from fraud, intentional misconduct, gross negligence or mandatory consumer-protection obligations.

Where liability may legally be limited, our total liability relating to a product order will not exceed the amount paid for the product giving rise to the claim.

Some jurisdictions do not permit certain liability limitations. In those jurisdictions, the limitations will apply only to the extent legally permitted.

22. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold Fung-Ctional harmless from third-party claims, losses or reasonable costs arising directly from:

• Your unlawful use of the website

• Your material violation of these Terms

• Your infringement of another person’s rights

• Content you submit without the necessary rights or permissions

This section does not apply to claims caused by Fung-Ctional’s own unlawful conduct or where indemnification is prohibited by consumer law.

23. FORCE MAJEURE

We will not be responsible for delays or failures caused by events outside our reasonable control, including severe weather, natural disasters, wildfire, labour disruptions, carrier interruptions, supply shortages, utility failures, cyberattacks, government actions or public emergencies.

This section does not remove any refund, cancellation or other rights that cannot legally be waived.

24. TERMINATION

These Terms remain effective until terminated by you or us.

You may stop using the website at any time.

We may suspend or terminate your access if you materially violate these Terms, misuse the website or engage in suspected fraud or unlawful conduct.

Obligations that by their nature should continue after termination—including intellectual-property, payment, liability and dispute provisions—will survive termination.

25. SEVERABILITY

If any part of these Terms is found to be invalid, illegal or unenforceable, that provision will be limited or removed only to the extent necessary.

The remaining provisions will continue in effect.

26. NO WAIVER

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

A waiver is effective only when provided in writing by an authorized representative of Fung-Ctional.

27. ENTIRE AGREEMENT

These Terms and the policies referenced in them form the entire agreement between you and Fung-Ctional regarding your use of the website and purchases made through it.

They replace previous website terms addressing the same subject matter.

If a product, promotion or service has separate written terms, those additional terms will also apply. If there is a conflict, the more specific terms will govern that particular product, promotion or service, subject to applicable law.

28. GOVERNING LAW

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.

This choice of law does not deprive a consumer of mandatory protections available under the laws of the consumer’s province, territory, state or country of residence.

Before beginning formal proceedings, we encourage customers to contact us so we can attempt to resolve the concern fairly.

29. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our products, website, business practices or legal obligations.

The current version will be posted on this page with an updated “Last updated” date.

Changes will apply from the date they are posted unless applicable law requires additional notice or consent.

Your continued use of the website after an update means you accept the revised Terms, except where further consent is legally required.

30. CONTACT INFORMATION

Questions about these Terms may be sent to:

Fung-Ctional
Legal business name:  Muskoka Mudita - Mushroom Tea Co.
Email: hello@fung-ctional.com
Mailing address: 277 Albert St, Sundridge ON P0A 1Z0
Website: fung-ctional.com

For questions relating to an order, please include your name and order number so we can assist you efficiently.