This Application collects some Personal Data from its Users.
Personal Data collected for the following purposes and using the following services:
Access to third party services' accounts
User database management
Further information about Personal Data
Terms of Service
TERMS AND CONDITIONS OF SERVICE AGREEMENT
Effective Date: April 1 2014
You must be at least thirteen (13) years old to use the Services. By using the Services, you represent that you meet this minimum age requirement.
Terms of Sale
Mantry currently only sells and ships products within North America. Shipping charges for Goods purchased will be presented at checkout. Any applicable sales taxes may be added to your order, depending on your location of shipment and the sales tax rate in effect at the date of purchase. To the extent applicable, you are responsible for all foreign taxes and duties on your shipment.
Billing and Payments
Contingent upon availability or other cause for declining your purchase order, your credit card account or other payment method (“Payment Method”) may be charged upon submission of any order or at shipment, regardless of the content of such order. For gifts of subscription packages, your credit card account or other payment method will be charged at the time you place your initial order for the entire amount. By purchasing a month-to-month subscription, you acknowledge that your subscription has an initial and recurring payment feature, and You accept responsibility for all recurring charges prior to cancellation. Your billing cycle begins the day You place your order such that your Payment Method will be charged monthly on that day for each recurring monthly payment. The Company ships Mantry boxes around the 21st of each month. Mantry may decline an order, for any or for no reason, and subject to a refund, may cancel an accepted order at any time.
You may cancel your month-to-month subscription at any time and all cancellations are effective immediately. After cancellation, Mantry will not charge You for any subsequent months, but You will receive a final Mantry if You have already been charged for that month.
Returns and Exchanges
As Mantry sells food products, the Company does not offer any returns, exchanges or refunds. All sales are final. If your order is damaged, we may issue a full replacement of damaged Goods at no additional cost to You provided you contact us at firstname.lastname@example.org with photographs of the damaged Goods received. If you are unhappy with a product you purchased on Mantry, please contact us at email@example.com.
Shipment of Products
Mantry ships purchases of Goods using a third party carrier. Title and risk of loss for any purchases will pass to You upon our delivery to the carrier. You are responsible for arranging for an individual to be present at the time of delivery and for the products to be properly received and secured. Mantry recommends that all items be secured immediately upon delivery. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. Mantry is not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. Mantry is not responsible should You enter any incorrect or inaccurate destination data in your order.
In the US, shipping generally takes 2-7 business days with USPS. Outside of the US, shipping may take longer due to border and customs regulations. Mantry reserves the right to ship partial orders at no additional cost to You.
Additional rules, restrictions and recommendations may apply to the purchase of certain products, which will be posted in conjunction with the applicable product.
You agree that you are solely responsible for all of the conduct engaged in through your account, including all charges incurred by your account, whether or not You performed or authorized them. You agree that You are not licensed to access any portion of the Services not available to the public. You shall not modify, adapt, copy, reverse engineer, translate, or decompile any portion of the Services without the express consent of Mantry. You agree that You will not make any attempt to override or breach any security or authentication measures in place on the Services, including by testing the vulnerability of a system or network, or interfere with or disrupt the operation of the Services in any manner whatsoever. You agree that you will not collect data or other contact information of any other users of the Services, or collect information or content from the Services using an automated means. You agree that You will not submit or make available false, incomplete or misleading information to Mantry. Mantry reserves the right to deny access to the Services without prior notice if You engage in any conduct or activities that we determine, in our sole discretion, to be a violation of any portion of this Agreement, our rights or any third party rights. User Generated Content and User Submissions you are under no obligation to submit any content of any kind to Mantry, including ideas, suggestions, comments, information, proposals, documents, notes, text, plans, graphics, drawings, audio, video, software, or other similar materials (“Content”). However, by submitting or by making available Content to Mantry, You represent and warrant that: (a) You are the sole author and owner of the intellectual property and other rights thereto, and that the submission of the content is not a violation of any third party’s rights; (b) all Content that you submit is accurate and is not false or misleading; (c) the Content does not violate any law, statute, ordinance or regulation; (d) You are at least 13 years old; (e) Mantry is not under any confidentiality obligation related to the submission of Content; (f) You voluntarily waive any entitlement to compensation or attribution from Mantry in exchange for the submission; and (g) Mantry shall be entitled to use or disclose the Content or Submissions in any way at its own sole discretion.
You acknowledge that any content that you submit, post or otherwise make available to Mantry grants Mantry a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferrable, non-exclusive right and license to use, reproduce, modify, copy, distribute, translate, publish, publicly display, publicly perform, and create derivative works from any such Content in any form, medium or technology without compensation to You. This license will survive the termination of the Agreement. We reserve the right to withhold, remove and or discard any such content at any time.
Intellectual Property Rights
All of the Services provided on the Website, and all content thereon, including layout, design, organization, text, graphics, video, audio, images, logos, button icons, scripts, and service names, the selection and arrangement thereof, and all software used to provide the Services, including enhancements, updates, upgrades, corrections and modifications to the software, are the sole and exclusive property of Mantry and/or its licensors and are protected by U.S. and international copyright law. All names of products and services, trademarks, service marks, custom graphics, and button icons are the property of Mantry or their respective owners, as indicated, and may not be used in connection with any product or service that is not offered by Mantry in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mantry. This Agreement does not convey title or ownership to You, but provides only limited rights set forth herein. All rights reserved.
This Agreement may be modified or terminated by Mantry without notice at any time and for any reason. Mantry reserves the right to deny all or some portion of the Services to any user at any time, at our sole discretion. The provisions in this Agreement relating to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, and all grants of any rights from You to Mantry relating to Content or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement and your use of the services.
Third Party Content
The Services may contain links to third party content, which is for informational purposes only. Mantry does not endorse such websites or services through the provision of such a link and is not responsible in any way for the accuracy, relevancy, completeness, timeliness or legality of any third party content accessible through the Services. The Services may also contain information, including articles, graphics, images, text, video, audio, data and other similar materials originating from third-parties. Mantry does not endorse any third party content that may appear on the Services, even if such content was altered, collected, summarized or reformatted by Mantry.
DISCLAIMERS AND LIMITATION OF LIABILITY
EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT MANTRY IS PROVIDING THE SERVICES AND ANY GOODS SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT REPRESENT OR WARRANT THAT AVAILABILITY OF THE GOODS OR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICES AND SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICES, OR ITS FEATURES, AT ALL TIMES. USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
MANTRY RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. PRICE AND AVAILABILITY OF GOODS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
MANTRY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE WEBSITE, INCLUDING PRICE INFORMATION, IS ACCURATE, COMPLETE OR CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY SUCH ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION, INCLUDING PRICE INFORMATION, AT ANY TIME WITHOUT PRIOR NOTICE, EVEN AFTER YOU HAVE PLACED AN ORDER.
MANTRY MAKES NO WARRANTY, AND CANNOT GUARANTEE, THAT ANY DESCRIPTION OF THE GOODS THAT APPEAR ON THE SERVICES FULLY COMPORTS WITH ITS DESCRIPTION OR DEPICTION.
LIMITATION OF LIABILITY
MANTRY, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR THE USE OF SERVICES OR ANY GOODS SOLD OR PROVIDED BY MANTRY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, INDRECT, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES OR ANY GOODS SOLD OR PROVIDED BY MANTRY, EVEN IF MANTRY OR RELATED PARTIES HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, You agree that neither Mantry nor any of its subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for: (a) any damages in excess of $500.00 or (b) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Services or any goods sold or provided by Mouth. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
The Services are created and controlled by Mantry in the State of New York, U.S.A. As such, the laws of the State of New York shall govern this agreement, without giving effect to any principles of conflicts of laws. Mantry reserves the right to make changes to the Services and this Agreement at any time. You agree that any dispute arising out of, or relating to the Services, or to Mantry, may be brought by you in a state or federal court located in New York City, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AND AGREE TO THE EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK CITY.
To the extent permitted by law, any claim or cause of action that You may have arising out of or related to the Goods or Services must commence within one (1) year after the claim or cause of action arises or will be permanently barred.
You agree that Mantry would be irreparably damaged if the terms of this Agreement were not specifically enforced. You therefore agree that Mantry shall be entitled, without bond, other security, or proof of damages, to appropriate remedies available to us under law, including equitable remedies, with respect to any breaches of this Agreement.
This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between You and Mantry with respect to the Goods and Services provided by Mantry, and supersedes all other communication, whether electronic, oral or written.
If any provision of this Agreement is deemed to be invalid, unlawful, void or unenforceable for any reason, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision of this Agreement, which shall remain in full force and effect.
Mantry’s failure to insist upon or enforce strict performance of any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any express waiver by Mantry of any condition, provision or requirement of this Agreement shall in no way constitute a waiver of any future obligation to comply with such condition, provision or requirement.
Mantry may assign its rights and duties under this Agreement, in whole or in part, to any person or entity at any time, with or without your consent, and with or without notice to You. You may not assign the Agreement, in whole or in part, without Mantry’s prior written consent, and any unauthorized assignment by You shall be null and void.
The Services provided by Mantry are not directed at children under the age of 13. Should Mantry discover that an individual under the age of 13 has provided personally identifiable information to us, we will make efforts to delete such information as required under the Children’s Online Privacy Protection Act.
Selling goods and services online
The Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery. The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Application depends on the payment system used.
Owner and Data Controller
Owner contact email: firstname.lastname@example.org
Latest update: September 01, 2017