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.
