Terms of Service

GENERAL TERMS AND CONDITIONS Higher Mantra Cloud Community 

E-mail: info@highermantra.cloud

Website: https://highermantra.cloud/

Definitions

Applicability

1. Higher Mantra Cloud Community: Varnamantrika Education & Community BV, established in Amsterdam, Chamber of Commerce no. 91460700.
2. Customer: the party which Higher Mantra Cloud Community has entered into an agreement with.
3. Parties: Higher Mantra Cloud Community and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Higher Mantra Cloud Community.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Higher Mantra Cloud Community are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Higher Mantra Cloud Community is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The parties agree on a total price for a service provided by Higher Mantra Cloud Community. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
4. Higher Mantra Cloud Community is entitled to deviate up to 10% of the target price.
5. If the target price exceeds 10%, Higher Mantra Cloud Community must let the customer know in due time why a higher price is justified.
6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
7. Higher Mantra Cloud Community has the right to adjust prices annually.
8. Higher Mantra Cloud Community will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
9. The consumer has the right to terminate the contract with Higher Mantra Cloud Community if he does not agree with the price increase.

Payments and payment term

1. Higher Mantra Cloud Community may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within , after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Higher Mantra Cloud Community having to send the customer a reminder or to put him in default.
4. Higher Mantra Cloud Community reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Payments and payment term

1. Products are immediately paid for.
2. Higher Mantra Cloud Community may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
3. The customer must pay invoices of Higher Mantra Cloud Community within 14 days, unless parties have made other agreements about this or if the invoice has a different payment term.
4. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Higher Mantra Cloud Community having to send the customer a reminder or to put him in default.
5. Higher Mantra Cloud Community reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed term, Higher Mantra Cloud Community is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Higher Mantra Cloud Community.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Higher Mantra Cloud Community may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Higher Mantra Cloud Community on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Higher Mantra Cloud Community, he is still obliged to pay the agreed price to Higher Mantra Cloud Community.

Right of recovery of goods

1. As soon as the customer is in default, Higher Mantra Cloud Community is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Higher Mantra Cloud Community invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Higher Mantra Cloud Community, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal

1. A consumer may cancel an online purchase during a cooling-off period of 30 days without giving any reason, provided that:

• the product has not been used
• it is not a product that can spoil quickly, like food or flowers
• it is not a product that can spoil quickly, like food or flowers
• the product is not specially tailored for the consumer or adapted to its special needs
• it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
• the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
• the product is not a separate magazine or a loose newspaper the purchase does not concern an (assignment to) urgent repair

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:

• on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first the product of a subscription as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed the purchase of digital content via the internet

3. The consumer can notify his right of withdrawal via info@highermantra.cloud, if desired by using the withdrawal form that can be downloaded via the website of Higher Mantra Cloud Community, https://highermantra.cloud/.

4. The consumer is obliged to return the product to Higher Mantra Cloud Community within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law, Higher Mantra Cloud Community will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Higher Mantra Cloud Community in time.
2. The costs for return are only reimbursed by Higher Mantra Cloud Community if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Higher Mantra Cloud Community can appeal to his right of retention of title and in that case retain the products sold by Higher Mantra Cloud Community to the customer until the customer has paid all outstanding invoices with regard to Higher Mantra Cloud Community, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Higher Mantra Cloud Community.
3. Higher Mantra Cloud Community is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Higher Mantra Cloud Community with any claim on Higher Mantra Cloud Community.

Retention of title

1. Higher Mantra Cloud Community remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Higher Mantra Cloud Community under whatever agreement with Higher Mantra Cloud Community including of claims regarding the shortcomings in the performance.
2. Until then, Higher Mantra Cloud Community can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

• If Higher Mantra Cloud Community invokes its retention of title, the agreement will be dissolved and Higher Mantra Cloud Community has the right to claim compensation, lost profits and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Higher Mantra Cloud Community unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Higher Mantra Cloud Community has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Higher Mantra Cloud Community.

Delivery period

1. Any delivery period specified by Higher Mantra Cloud Community is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Higher Mantra Cloud Community.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Higher Mantra Cloud Community cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Higher Mantra Cloud Community may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Higher Mantra Cloud Community, failing which Higher Mantra Cloud Community cannot be held liable for any damage.

Insurance

1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

goods delivered that are necessary for the execution of the underlying agreement

goods being property of Higher Mantra Cloud Community that are present at the premises of the customer goods that have been delivered under retention of title

• At the first request of Higher Mantra Cloud Community, the customer provides the policy for these insurances for inspection.

Storage

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Higher Mantra Cloud Community, not obligations of results.
2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Performance of the agreement

1. Higher Mantra Cloud Community executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Higher Mantra Cloud Community has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that Higher Mantra Cloud Community can start the implementation of the agreement on time.
5. If the customer has not ensured that Higher Mantra Cloud Community can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

1. The customer shall make available to Higher Mantra Cloud Community all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, Higher Mantra Cloud Community will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by Higher Mantra Cloud Community and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Duration of the service agreement

1. The agreement between Higher Mantra Cloud Community and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Higher Mantra Cloud Community a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

Cancellation of the contract for an indefinite period of time

1. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of .
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Intellectual property

1. Higher Mantra Cloud Community retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from Higher Mantra Cloud Community, nor show them to third parties and / or make them available or use them in any other way.

Penalties

1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Higher Mantra Cloud Community an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Higher Mantra Cloud Community including its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies Higher Mantra Cloud Community against all third-party claims that are related to the products and/or services supplied by Higher Mantra Cloud Community.

Complaints

1. The customer must examine a product or service provided by Higher Mantra Cloud Community as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Higher Mantra Cloud Community of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Higher Mantra Cloud Community of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Higher Mantra Cloud Community is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Higher Mantra Cloud Community being forced to perform other work than has been agreed.

Giving notice

1. The customer must provide any notice of default to Higher Mantra Cloud Community in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Higher Mantra Cloud Community (in time).

Joint and several Client liabilities

If Higher Mantra Cloud Community enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Higher Mantra Cloud Community under that agreement.

Liability of Higher Mantra Cloud Community

1. Higher Mantra Cloud Community is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Higher Mantra Cloud Community is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Higher Mantra Cloud Community is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Higher Mantra Cloud Community is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Higher Mantra Cloud Community shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Higher Mantra Cloud Community imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Higher Mantra Cloud Community is not permanent or temporarily impossible, dissolution can only take place after Higher Mantra Cloud Community is in default.
3. Higher Mantra Cloud Community has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Higher Mantra Cloud Community good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Higher Mantra Cloud Community in the fulfillment of any obligation to the customer cannot be attributed to Higher Mantra Cloud Community in any situation independent of the will of Higher Mantra Cloud Community, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Higher Mantra Cloud Community .
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Higher Mantra Cloud Community cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Higher Mantra Cloud Community can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

• Higher Mantra Cloud Community does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

1. Higher Mantra Cloud Community is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Higher Mantra Cloud Community with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Higher Mantra Cloud Community to third parties without the prior written consent of Higher Mantra Cloud Community.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Higher Mantra Cloud Community had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Higher Mantra Cloud Community is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/).

Drawn up on 10 oktober 2023.

Privacy policy

Last Updated On 10-Oct-2023
Effective Date 10-Oct-2023

This Privacy Policy describes the policies of Higher Mantra Cloud Community (legal name: Varnamantrika Education & Community BV), Marnixstraat 48-1R, NH 1015 VT, Netherlands (the), email: info@highermantra.cloud, phone: +31655963956 on the collection, use and disclosure of your information that we collect when you use our website ( https://highermantra.cloud ). (the “Service”). By accessing or using the Service, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy. If you do not consent to the same, please do not access or use the Service.

We may modify this Privacy Policy at any time without any prior notice to you and will post the revised Privacy Policy on the Service. The revised Policy will be effective 180 days from when the revised Policy is posted in the Service and your continued access or use of the Service after such time will constitute your acceptance of the revised Privacy Policy. We therefore recommend that you periodically review this page.

1. How We Collect Your Information:

   We collect/receive information about you in the following manner:

   1. When a user fills up the registration form or otherwise submits personal information
   2. Interacts with the website
   3. From public sources

2. How We Share Your Information:

   We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:

   1. Ad service
   2. Analytics

   We require such third party’s to use the personal information we transfer to them only for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.

   We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information will be one of the assets that is transferred to the new owner.

3. Your Rights:

   Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at info@highermantra.cloud. We will respond to your request in accordance with applicable law.

   You may opt-out of direct marketing communications or the profiling we carry out for marketing purposes by writing to us at info@highermantra.cloud.

   Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.

4. Cookies Etc.

   To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy.

5. Security:

   The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

6. Grievance / Data Protection Officer:

   If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at Varnamantrika Education & Community BV, Marnixstraat 48-1R, 1015 VT Amsterdam NL, email: info@highermantra.cloud. We will address your concerns in accordance with applicable law.

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