Terms of service

Terms of Service
TERMS AND CONDITIONS OF SERVICE AGREEMENT

Effective Date: April 1 2014

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

website www.mantry.mom (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.mom with photographs of the damaged Goods received. If you are

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

at help@mantry.mom.

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.