Acceptance of Terms
Welcome to MCC Booking, the online booking software for Beauty, Wellness, Professional, Entertainment, Educational and Food Service industry. The following Terms of Service ( “Terms” or “Agreement” ) govern and regulate your access to and use of www.MCC Booking.com, including any optimized mobile version and related webpages, and our mobile applications (“Services” ). These Terms, along with our Privacy Statement, and any documents incorporated herein by reference, constitute a legally binding contract between Surge Ventures Inc. ( “MCC Booking,” “our,” “we” ) and you ( “You” or “User” ).
Please read all terms and conditions carefully before accessing our Services. If you do not agree to be bound by these Terms, you must immediately discontinue access of the Services because your continued access signifies your acceptance of the Agreement and any modification or revision thereto.
BY ACCESSING THE MCC BOOKING SERVICES YOU ACKNOWLEDGE YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, THAT YOU HAVE READ AND UNDERSTOOD AND UNCONDITIONALLY AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THAT THE TERMS OF THIS AGREEMENT WILL APPLY EACH TIME YOU ACCESS OUR SERVICES.
Summary of Service
MCC Booking provides business software for Beauty, Wellness, Professional, Entertainment, Educational and Food Service industry. MCC Booking aims to businesses with the most robust and easy-to-use online business tools–empowering them to efficiently grow their business, and build long-lasting relationships with customers.
By accessing or using our Services (or any part thereof), or third party services or products offered in or linked to via our Services, you represent and warrant that (a) you are at least thirteen (13) years of age; (b) if registering for a business entity, that you possess the legal authority to enter into these Terms and form a binding agreement under applicable law; and (c) all information provided by you as part of the registration process or continued use of the Services is accurate, current and complete and remains up-to-date. If you are unable to fulfill all of these requirements, you must immediately stop all use and terminate your access to the Services.
Your MCCBooking.com Account and Site
Registration: Registration is not required to access and use the Services. However, some features of the MCC Booking Services require you to register a user account. Registration requires you to provide a valid e-mail address and a password. We encourage you to use “strong” passwords (a password that uses a combination of upper and lower case letters, numbers and symbols) with your account.
User Information: In order to fully use the MCC Booking Services, you must register an account and provide personal identifying information, including, without limitation, your full name, e-mail address, telephone number, mailing address, and billing address ( “PII” ). We reserve the right, in our sole discretion, to deny registration of a user account, prohibit or deny you access to the Service (or any part thereof), with or without prior notice. The Privacy Statement governs any PII you provide us. By using the Services, you agree to the terms of the Privacy Statement.
Inactivity and Improper Use: MCC Booking further retains the right to cancel unconfirmed user accounts or accounts that have been inactive for more than twelve (12) months or are considered to be deceptive or misleading, without prior notice to the User.
Account Security: You are responsible for safeguarding the password that you use to access the Services and for all activity that occurs under your account. We encourage you to periodically change your password as an additional security measure. You may not share your account information with another person or use another user’s account. You are solely responsible for protecting any confidential or PPI sent from or stored on any computer, mobile phone or mobile device as a result of your use of the Services. You agree to immediately change your password and notify MCC Booking of any suspected or unauthorized access associated with your use of the Services or any other breach of security.
You agree to act responsibly and to treat other users with respect. Any user who engages in prohibited conduct may be removed from the Services or blocked from the website. While not an exhaustive list, you agree not to:
- describe or assign keywords to your posts/activities in a misleading or unlawful manner, including, without limitation, in a manner intended to trade on the name or reputation of others. MCC Booking reserve the right, in our sole discretion, to remove any description or keyword that we consider inappropriate or unlawful, or otherwise likely to cause MCC Booking liability.
- upload, transmit, post, email, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, tortious, vulgar, hateful (including based upon race, age, gender, sexual-orientation, or religion), or otherwise objectionable (in MCC Booking’s sole opinion);
- upload, transmit, post, email, or otherwise make available any content that violates anyone’s Intellectual Property Rights;
- upload, transmit, post, email, or otherwise make available any content that constitutes or encourages a criminal offense, illegal activity, violates the rights of any party, or that otherwise creates liability or violates any local, state, national, or international law;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software or application used on, or for the Services, or causes others to do so;
- disrupt or interfere with the Services in any manner that could damage, impair, disable, overburden or harm the Services, network or servers, software or hardware or telecommunications equipment;
- use “bots,” “spiders,” “crawlers,” website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” probe, scan, test the vulnerability of any system or network or breach or otherwise circumvent the intended functionality of the Services;
- forge headers or otherwise manipulates identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party software);
- disrupt, interfere with or inhibit the operation or use of the Services by others in any way, through any means or device, including, but not limited to, “spam,” “viruses,” “worms,” or other computer codes, files or programs, or by other means;
- upload, transmit, post, email, or otherwise make available any content that contains Personal Information about another member that is published without the member’s express consent;
- collect, stores or solicit information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, and the like, without MCC Booking’s prior consent;
- upload, transmit, post, email, or otherwise make available any content that contains material originally posted by another member that is reposted without permission or attribution;
- upload, transmit or engage in “junk mail,” “spam,” “chain letters,” “Pyramid schemes,” or other unsolicited messages;
- purposefully upload, transmit, post, email, or otherwise make available any content in an irrelevant category or city, repeatedly post the same or similar content or otherwise impose an unreasonably disproportionately large load on MCC Booking’s servers;
- access or attempt to access the Services by any means other than the interface provided or authorized, or access or attempt to access content or non-public areas of the Services, MCC Booking’s computer system or the technical delivery systems of MCC Booking’s providers; or
- use meta tags or code or other devices containing any reference to MCC Booking or the Services (or any existing trademark, trade name, service mark, logo or slogan of MCC Booking), to any person or entity or other website for any purpose;
- that violates these Terms in any manner, or
- that otherwise violates any third-party provider’s terms and conditions.
MCC Booking reserves the right, in its sole discretion, to terminate your license, remove your User Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to User Content or use of the Services that MCC Booking reasonably believes is or might be in violation of these Terms. Failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
Use of most Service features requires a Subscription Plan subject to these Terms.
Free Plan: Certain MCC Booking services are provided to you free-of-charge under the Basic Plan. Your free account under the Basic Plan will continue (i) until cancelled or (ii) you upgrade to a premium account, or as otherwise provided in this Agreement.
Premium Plans: Premium Subscription Plans provide access to additional features not otherwise available under the Basic Plan and are available on a monthly basis or in a Premium Package. When purchasing a Premium Plan or Premium Package your subscription will start immediately upon setting up your plan and your credit card will be charged automatically on the same day each month, or for a Premium Package on the renewal date of the current term, unless you terminate your account before the start of the next billing period.
If you have purchased or received a promotional offer or other offer provided or sold by or on behalf of MCC Booking for access to a Premium Subscription or specific features, separate terms and conditions presented to you along with the promotion may also apply to your access to the Services and you agree to comply with any such terms and conditions.
From time to time, we may offer the opportunity to experience features included in our Premium Subscription Plans for a specified period without payment ( “Trial” ). MCC Booking reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. Trials may, for example run either 30 or 60 days, depending upon the feature covered by the Trial offer.
Changes in Fees; Promotions
Prices for any subscription plan may change at any time and MCC Booking does not provide price protection or refunds in the event of a price reduction or promotional offering. In the event of a subscription plan increase, you will be notified by email regarding the new subscription rate for your plan. Renewal of your subscription plan indicates your consent to the rate increase in your Premium Subscription plan.
IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PREMIUM SUBSCRIPTION THROUGH YOUR MCC BOOKING ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR MCC BOOKING ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PREMIUM SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, MCC BOOKING WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
You may cancel your subscription at any time online by following the instructions on the “change/cancel membership” or similar page on your “Account Settings” page. You may also cancel your subscription by sending us written notice of cancellation to MCC Booking by email at email@example.com
Early Termination: Please note that if you terminate this Agreement early we will keep your account open and continue to charge your credit card the recurring monthly fee until the current term of your subscription package expires. You hereby agree that should MCC Booking be forced to take legal action or enlist the services of a collection agency to enforce our rights under this provision, you shall pay all such attorneys’ fees or agency fees and other fees associated with the collection of such sums.
All subscription fees paid are non-refundable (in whole or in part) even if the Services are suspended or terminated prior to the end of your Premium Subscription plan. If you cancel your subscription, you will enjoy membership benefits until the end of the last month you made your subscription payment. If you purchased a Premium Package, in no event will you be entitled for a refund of any portion of the subscription fees paid for the then-current membership.
STRIPE AND FINANCIAL AND MONETARY TRANSACTIONS
MCC Booking uses the third-party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your MCC Booking account. By using MCC Booking and agreeing to the MCC Booking Terms, you also agree to be bound by Stripe’s Terms of Service.
You expressly understand and agree that MCC Booking shall not be liable for any payments and monetary transactions that occur through your use of the Services. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that MCC Booking shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Services and/or Stripe. MCC Booking is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that MCC Booking uses the Stripe API to run the Services and that the Stripe API is subject to change at any time and such changes may adversely affect the Services. You understand and agree to not hold MCC Booking liable for any adverse effects that result from actions (whether intentional or unintentional) on the part of Stripe that may cause harm to Your Stripe account, your MCC Booking account, or your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your MCC Booking account.
INTELLECTUAL PROPERTY RIGHTS
Your Content Submitted into System
Ownership: MCC Booking does not claim ownership of the User Content that you post or upload, input or submit to our Services. “User Content” mean data, text, files, information, usernames, images, sounds, photographs, graphics, video, messages, notes, links, tags and other material you may submit to our Services.
Warranties of Ownership: You understand that all User Content you upload, post, input, or submit to our Services is the sole responsibility of the person or business entity from whom such User Content originated. By uploading your User Content to the Services, you agree that: (i) you own the User Content or have the necessary licenses and permissions to use and share the User Content and (ii) the rights necessary to grant the licenses in these Terms. If you incorporate any Intellectual Property or material owned by a third party into your User Content, you do so at your own risk. “Intellectual Property Rights” means patent, trademark, copyright, service mark, trade dress, unfair competition, right of privacy and publicity, moral rights, unfair competition and any other proprietary rights.
License Grant: To operate and provide the Services we require certain licenses from you to your User Content. you herby grant MCC Booking an irrevocable, unrestricted, non-exclusive, worldwide, royalty-free, fully-paid up, sub-licensable, and transferrable license to host, use, publicly display, exhibit, distribute, edit, modify, transmit, retransmit, reproduce, and translate the content as needed in response to user driven actions on or through any media, technology or device now known or hereafter developed. Examples of how we may use your User Content under the license you have granted us includes, without limitation, to i) display your User Content on our Services; (ii) use your User Content to promote our Services through our site or other third party affiliate partners and/or; and (iii) for archival purposes or preservation of your User Content for legal proceedings, investigations or disputes.
User Content: You understand and agree that the User Content you upload to the website will be stored for an indefinite period of time on MCC Booking’s servers. You are responsible for ensuring that any files uploaded to our servers is free of corruption and contain no viruses or malicious software. You warrant and represent that any User Content you upload to our Services does not breach any applicable law and will not damage user computer systems, software or hardware devices or contain any malicious or contaminated files, software or content.
Public Access and Display: When you upload and post User Content in your public business profile you understand that this User Content may be viewable by the public. You agree that you are solely responsible for any User Content or information posted. Therefore, it is recommended that any User Content you store or submit to our Services be tasteful and reflective of community standards.
Removal: In our sole discretion, MCC Booking may or may not monitor any User Content you upload and post, accept or reject your User Content or delete your User Content, with or without notice, that includes, without limitation, when, in our determination, you may have violated these Terms or any applicable laws or regulations. MCC Booking will not be liable for any use or disclosure of your User Content to anyone, including, without limitation, users and visitors of the MCC Booking Services, or intellectual property owners providing a notice of claimed infringement.
Proprietary Intellectual Property Rights
MCC Booking Content: The Services contain content owned by or licensed to MCC Booking, including, without limitation, MCC Booking, MCC Booking, MCC Booking.com, the mccbooking.com logo, and all other trademarks, service marks, trade dress, and copyrighted materials such as graphics, logos, sounds, text, and source code used in connection thereto ( “MCC Booking Content” ). We (and our licensors) remain the sole owner of all rights, title and interest in the Services and MCC Booking Content. We reserve all rights not otherwise expressly granted under these terms. You will not remove, alter or conceal any copyright, trademark, service mark, trade dress or other proprietary rights notices incorporated in or accompanying the MCC Booking Content. You will not reproduce, modify, adapt, prepare derivative works, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the MCC Booking Content.
Limited License: Subject to your compliance with these Terms and applicable law, MCC Booking grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive, limited, revocable license to use the Services for personal purposes and commercial purposes as expressly limited herein. You may only use the MCC Booking Services on a computer, mobile phone or other mobile device that you own or control. Any use of the Services in any other manner, including, without limitation, resale, transfer, modification or distribution of any MCC Booking Content or any User-Generated Content by another user of the Services is expressly prohibited. This Agreement also governs any updates, or supplements, or replacements to the MCC Booking Content unless separate terms accompany such updates or supplements or replacements, in which case separate terms will apply.
Third Party Content: You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the content of any third-party partner ( “Third-Party Partner Content” ) and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, sell, license, or otherwise exploit any Third Party Partner Content.
Communications; Notices; Mobile Services
If you change or deactivate your mobile telephone number, you agree to update your MCC Booking account information to ensure that your messages are not sent to the person that acquires your old number. Notices may not be received if you violate these Terms by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
Communications made through email or any private messaging system via the Services will not constitute legal notice to MCC Booking or any of our managers, employees, agents or representatives in any situation where notice to MCC Booking is required by contract or any law or regulation.
Affiliate Promotions and Communications to Customers
From time to time you may receive promotions and/or offers from MCC Booking affiliates and/or users via email through our Services. You may opt out of these emails at any time as provided in the Communications; Notice; Mobile Devices section above.
We allow you to provide promotions or offers to Users subject to the following:
- You may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions.
- You, at your expense, will be solely responsible for all aspects of your promotion or offer including, without limitation, the execution, administration, and operation of the promotion; drafting the offer and/or requirements for the promotion; obtaining all necessary third-party permissions and approvals, if necessary. MCC Booking has the right to remove your promotion or offer from the MCC Booking Services for any reason.
- MCC Booking is not responsible for and does not endorse or support any such promotions or offers and you may not indicate that MCC Booking endorses or supports your promotion or offer.
No Endorsement; Responsibility of Visitors
You understand that MCC Booking does not endorse, condone or verify any content uploaded, posted, inputted or submitted to our Services. We further do not endorse, condone or verify any products, statistics, or information posted on our Services. We do not control and are not responsible for User Content made available through the Services and you accepted that you may be exposed to User Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Visitors are further responsible for taking the precautions necessary to protect themselves and their computer systems from malicious software and other harmful or destructive content. MCC Booking disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted. Your sole remedy is to stop viewing the User Content. If you believe in good faith another user is violating these Terms you may email us regarding such conduct at
Content and Links of Third Party Websites
MCC Booking, in its sole discretion, may provide links to other locations or websites on the Internet. The content of such third party websites have not been reviewed by MCC Booking and are maintained by third parties over which MCC Booking has no control. You acknowledge and agree that you use or follow these links entirely at your own risk. MCC Booking is not responsible for the damage or loss suffered by you arising out of, or in connection with your access to or use of these third party websites, including, but not limited to, damage or loss to your computer system or loss of data arising from your use of documents or information found on these third party websites. Any links to such third-party websites are for your convenience and the inclusion of such links on our website does not imply any endorsement, guarantee, warranty or representation by MCC Booking of the quality or accuracy of the content, information, products or services or other materials provided to you on those third party websites.
Taxes and Third-Party Fees
You are solely responsible for and must pay all applicable taxes, and any applicable third-party fee (such as telephone charges, mobile carrier fees, ISP charges, data plan charges, SMS and third-party payment processing fees) that may result from your use of our Services.
Feedback and Suggestions
If you submit feedback, comments, ideas or suggestions (collectively “Suggestions”) about our Services, you acknowledge that such Suggestions are unsolicited and that we may, but have no obligation, to use your Suggestions. You further agree and acknowledge that any use of your Suggestions by us, for any purpose, will be without any liability to us, or payment of any kind to you.
LIMITATIONS AND DISCLAIMERS
YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF OUR SERVICES IS AT YOUR SOLE RISK. MCC BOOKING MAKES NO REPRESENTATIONS OR WARRANTY OR ENDORSEMENT OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (i) MCC BOOKING’S CONTENT; (ii) USER CONTENT; (iii) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MCC BOOKING AND THROUGH THE SERVICES; (iv) OPTIMIZED MOBILE FEATURES; (v) MOBIL APPLICATION FEATURES; (vi) ANY THIRD PARTY CONTENT AVAILABLE ON THE SERVICES; AND (vii) ANY OTHER MATTER RELATED TO THE SERVICES. MCC BOOKING MAKES NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SYSTEM, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROVIDER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS SYSTEM, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The website and the system is provided “as is.” MCC Booking disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. MCC Booking does not make any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
WITHOUT LIMITING THE FOREGOING, MCC BOOKING AND OUR MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND OTHER AFFILIATES (COLLECTIVELY “ASSOCIATED PARTIES” ) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE MCC BOOKING SERVICES WILL BE FREE FROM INTERCEPTION, CORRUPTION, ERROR, DELAY OR LOSS OF DATA OR TIMELY; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE MCC BOOKING SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. MCC BOOKING AND ASSOCIATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE MCC BOOKING SERVICES IS ACCURATE, FREE OF ERRORS COMPLETE, OR USEFUL (INCLUDING, WITHOUT LIMITATION, PRICING, AVAILABILITY, GENERAL PRODUCT AND SERVICE DESCRIPTIONS ETC.), AND THE POSSIBILITY THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO MCC BOOKING SERVICES BY THIRD PARTIES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MCC BOOKING OR ANY ASSOCIATED PARTY, WHETHER MADE ON THE MCC BOOKING SERVICES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED HEREIN.
Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MCC BOOKING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME. ADVICE RECEIVED VIA THE SYSTEM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO THEIR SPECIFIC SITUATION.
MCC Booking shall not be held liable for loss or corruption of data, as above, caused due to interruptions or other defects in backup. Furthermore, MCC Booking shall not be responsible for backup of User’s data on a regular basis. It is advised that User may adopt its own procedures for backup of its data if it requires regular or frequent backups.
MCC Booking will not be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MCC Booking under this agreement during the six (6) month period prior to the cause of action. MCC Booking shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
BY ACCESSING THE MCC BOOKING SERVICES YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF CALIFORNIA CODE § 1542, AND ANY SIMILAR LAW OF ANY STATE, TERRITORY OR COUNTRY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold MCC Booking and Associated Parties harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the website and/or mobile application, or arising from your breach of this Agreement.
You are solely responsible for your interactions with merchants and other users of the Services. To the extent permitted under applicable laws, you hereby release MCC Booking from any and all claims or liability related to any product or service of a merchant, any action or inaction by merchant, including merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
Interruption of Service
We reserve the right to update, modify, suspend, discontinue or close, temporarily or permanently, the Services (or any part thereof) at any time with or without notice. Features or services available through our Services may be discontinued at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. To protect the integrity of our Services, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing the Services.
Transactions conducted through the Internet may be subject to interruption, blackout, delay or error. MCC Booking shall not be responsible in any way for loss of accuracy or timeliness of any message sent or transaction conducted through this website arising from or in relation to any malfunctions in communication facilities that are out of the control of MCC Booking.
Unless we state in writing otherwise, all fees paid are nonrefundable.
Modifications to Terms of Service
MCC Booking reserves the right, in our sole discretion, to modify, add or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of or access to the website and/or mobile application following the posting of any changes to this Agreement constitutes your binding acceptance of such changes. MCC Booking may also, in the future, offer new services and/or features through our Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of this Agreement.
Termination by MCC Booking: We may terminate this Agreement at any time. Without limiting the foregoing, MCC Booking shall have the right to immediately terminate or suspend any of your passwords or accounts in the event MCC Booking considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach any terms of this Agreement. MCC Booking may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice to you, effective immediately.
If you have a Subscription Plan, such account can only be terminated by MCC Booking if you materially breach this Agreement and fail to cure such breach within thirty (30) days of notice provided by to you; provided that, MCC Booking can terminate the website immediately as part of a general shut down of our service.
Termination by You: You may terminate this Agreement and cancel your account in the user profile screen at any time. In the event of early termination your account shall remain active and your credit card will continue to be charged the recurring monthly fee until the end of the month in which you terminated your account for all monthly premium plans and at the end of your current package term for all premium package plans. See Subscription Plans above for more information regarding termination of subscription plans.
User Content and Termination: Upon processing your cancellation, all of your User Content will be deleted from the Services. This information cannot be recovered once your account is cancelled. We reserve the right, but have no obligation, to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Barring any legal obligations, we will delete your full user account and any associated listing services within thirty (30) days of your request or if on a subscription plan, within thirty (30) days of the last day of your then current plan. By removing your User Content from our Services or deleting your user account, all licenses granted to you by MCC Booking shall immediately terminate.
Survival of Terms: Upon termination of this Agreement, all provisions which by their nature should survive termination shall survive, including, without limitation, ownership provisions; indemnification obligations; warranty disclaimers, limitations of liabilities, statute of limitations; and dispute resolution provisions stated in these Terms.
This Agreement is governed by the laws of the state of Delaware and you hereby submit to the exclusive jurisdiction of the courts of the state of Delaware for all disputes arising out of or in connection with this Agreement.
Governing Law; Venue; Arbitration
Governing Law: The laws the state of Delaware. Govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles of your state or country of residence. The Parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You understand and agree to submit to the jurisdiction of the courts of the state of Delaware for all disputes arising out of or in connection with these Terms.
No Class Action: You agree to give up your right to participate in a class action or class proceeding, including class arbitration, limited attorney general action, or other representative action or proceeding.
Limitations on Time to Bring Action: You further agree that any claim you may have arising out of, or related to your use of our Services must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Entire Agreement, Severability
This Agreement, accepted upon your access and use of the Services, and further affirmed by becoming a User, contains the entire agreement between you and MCC Booking regarding the use of the Services. This Agreement may not be orally amended, and may only be modified by a written amendment signed by an authorized executive of MCC Booking, or by the posting by MCC Booking of a revised version. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
No Implied Waiver
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Either party’s failure to insist in any one or more instances for strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
MCC Booking reserves the right to display advertisements on its Services.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MCC Booking may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Conflict of Terms
If there is a conflict or contradiction between the provisions of these Terms and any relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices that relate specifically to a particular section or features of the Services shall take precedence solely as regards your use of the relevant section or feature of the Services. These terms shall control in all other respects.
MCC Booking reserves the right, in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. MCC Booking may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If you have any questions relating to these Terms, please contact us at firstname.lastname@example.org