Privacy Policy of mantry.com

This Application collects some Personal Data from its Users.

Personal Data processed for the following purposes and using the following services:

    • Access to third party services' accounts

      • Facebook account access

        Permissions: About Me; Current City

    • Advertising

      • Direct Email Marketing (DEM)

        Personal Data: email address

    • Analytics

      • Google Analytics and Wordpress Stats

        Personal Data: Cookies; Usage Data

    • User database management

      • Infusionsoft

        Personal Data: various types of Data as specified in the privacy policy of the service

Further information about the processing of Personal Data

    • Terms of Service

      TERMS AND CONDITIONS OF SERVICE AGREEMENT

      Effective Date: April 1 2014

      The Mantry Company (hereinafter “Mantry,” “we,” “us,” or “Company”) provides the

      website www.mantry.com (the “Website”), our computing applications and the data,

      information, tools, updates and similar materials delivered or provided by Mantry

      (the “Services”), and all goods sold there-through (the “Goods”) to you (“You”)

      subject to your acceptance with the following terms and conditions of use (these

      “Terms of Use”) set forth in this Terms and Conditions of Service Agreement (the

      “Agreement”). This Agreement sets forth the legally binding terms and conditions

      governing your use and purchase of the Goods and Services. By using the Services,

      purchasing any Goods or otherwise entering into this Agreement, You agree to be

      bound by these Terms of Use without limitation or qualification. If You do not agree

      to these Terms of Use, You must not use the Services or access the Website.

      Mantry may, at any time, without notice or liability, revise these Terms of Use by

      updating this posting. You should revisit this posting periodically to review any

      revisions to these Terms of Use. If You continue to access or use the Services or

      purchase Goods after any revisions are posted You will be deemed to have accepted

      those revisions. If any revision is not acceptable to You, You must cease accessing

      and using the Services.

      LICENCE

      You may access and use the Services and purchase Goods only in accordance with all

      applicable laws and regulations and with these Terms of Use and all incorporated

      documents.

      Subject to these Terms of Use, Mantry grants You a limited, non-assignable, non-

      transferable, non-sublicensable, non-exclusive, revocable licence to use the Services

      and to access the Website and the materials thereon, and to reproduce the Services

      and their contents on your own computing device, solely for your own personal and

      non-commercial use.

      No rights not explicitly listed are granted.

      Privacy Policy

      Registration data and other information about You are subject to our Privacy Policy.

      Eligibility

      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

      Sales Territory

      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.

      Cancellation

      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 help@mantry.com with photographs of the damaged Goods received. If you are

      unhappy with a product you purchased on Mantry, please contact us

      at help@mantry.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.

      User Conduct

      You are given permission to access and use the Services and purchase Goods on the

      condition that You comply fully with the Terms of Use of this Agreement and only in

      accordance with all applicable laws and regulations. You agree that you are solely

      responsible for your full compliance with all laws, rules and regulations in your

      jurisdiction regarding the Services and any Goods purchased through the Services.

      Mantry makes no representation or warranty regarding the legality of purchasing

      any of the Goods available through the Services in your jurisdiction. 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.

      Data Collection

      Mantry’s Privacy Policy shall govern the collection and use of data obtained through

      your use of the Services.

      Termination

      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

      DISCLAIMERS

      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. 

      INDEMNIFICATION

      You agree to indemnify, defend and hold harmless Mantry and its suppliers,

      subsidiaries, licensors, and licensees, and each of their officers, directors,

      employees, agents, shareholders and members from all claims, demands, losses,

      liabilities, expenses, costs, and damages of every kind and nature, known or

      unknown, including reasonable attorney’s fees, expert witness fees, and costs of

      litigation, resulting from: (a) any violation of any terms of this Agreement (b)

      Content You submit, post to or transmit through the Services (c) any activity related

      to use of the Services (including negligent or wrongful conduct) by You or any other

      person accessing the Services using your Internet account, and (d) your violation or

      any law or the rights of a third party, including, but not limited to, any intellectual

      property right, property or privacy right, which is caused by, or facilitated in any

      way through the use of the Services. This indemnification obligation will survive the

      termination of these Terms of Use and your use of the Services.

      Miscellaneous

      Governing Law

      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.

      Remedies

      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.

      Entire 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.

      Severability

      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.

      No Waiver

      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.

      Assignment

      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.

      Children

      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.

Contact information

    • Owner and Data Controller

      Mantry Inc.

      Owner contact email: tony@mantry.com