General
These General Terms and Conditions for the use of the Mcapp website (hereinafter the "Terms of Use") apply to the use of all parts of all websites (including the mobile sites), (hereinafter collectively referred to as the "Website"), created by Mcapp, with registered office at 8 el verde, ste r, Dover, DE 19901 (hereinafter referred to as "Mcapp"). A user is any person who accesses the Websites (hereinafter the "User").
Certain products and/or services offered through the Website are subject to special conditions (see "Special Terms and Conditions” below). If the Special Terms and Conditions deviate from these General Terms and Conditions, the Special Terms and Conditions shall prevail.
By using the Website, the User accepts the General Terms and Conditions applicable to it and undertakes to comply with them. If they do not agree with the General Terms and Conditions, they must refrain from any use of the Website.
In case of violation of the General Terms and Conditions, Mcapp reserves the right to deny access to the Website, without prejudice to the right of Mcapp or any third party to claim damages for any direct and indirect losses incurred as a result of the violation.
Mcapp reserves the right to change the General Terms and Conditions, in whole or in part, at any time and without notice. It is therefore advisable to consult these General Terms and Conditions regularly in order to keep abreast of the most recent version.
Use of the Website
Provided that the User fully abides by the provisions of these General Terms and Conditions, Mcapp grants to the User of the Website a non-exclusive, non-transferable licence, for an indefinite period of time, to download the content of the Website for the sole purpose of displaying it on a single computer for informational purposes. However, this licence may be revoked at any time without the need for stating any grounds. The User may print out one copy of the content of the Website, for their own informational use and without any changes being made to the content.
The Users undertake not to commit any acts that destroy the Website or disrupt its proper functioning. In case of abuse or improper use, Mcapp may suspend and/or terminate the User's access to the Website without any notice or notification.
Intellectual Property Rights
All brands, copyrights, patents, intellectual and other properties applicable to the Website belong at all times to Mcapp and/or its licensees. The Website constitutes a work protected by copyright. The texts, layouts, drawings, photos, films, graphics and other components of the Website are also protected by copyright. Any copy, adaptation, modification, translation, arrangement, public communication, rental or any other form of exploitation of the whole or any part of the Website under any form and by any means, such as electronic, mechanical or other means, is strictly prohibited, except with the prior written consent of Mcapp. Any infringement of these rights may result in criminal or civil prosecution.
The designations, logos and other signs used on the Website (including but not limited to the logo and the name of Mcapp ) are brands and/or trade names protected by law. Any use thereof, or of similar signs, is strictly prohibited without the prior written consent of Mcapp.
Liability
This Website (including its content or other parts) contains general information only. Before making any decisions or taking any steps that may affect your finances or business, you should consult a Mcapp consultant or other qualified professional.
The limitations and/or exclusions of liability stated herein apply not only to Mcapp, but also to any other entity within the Mcapp group of companies, as well as to our and their respective employees.
The Website is provided on an "as is" basis and Mcapp makes no representations or warranties of any kind with respect to the Website, whether express or implied. Without prejudice to the above, we do not guarantee that the Website is secure, error-free, accurate, free of viruses or malicious code or that it meets any particular functional or quality criteria.
Except for intentional and/or compulsory legal provisions, Mcapp cannot be held liable in any way (contractually or extra-contractually) for any loss or damage (direct, indirect, material, immaterial or otherwise) arising from:
· the content of the Website. Mcapp does not guarantee the accuracy, adequacy or completeness of the information contained on the Website. The information on the Website, including information about products and services offered by Mcapp, is subject to change without notice.
Mcapp takes the necessary care when creating, updating and maintaining the Website. If the User nevertheless finds that the Website contains incorrect or outdated information, or that he believes that one of his rights (intellectual or otherwise) has been violated, he is requested to report this to Mcapp, including a description and the exact location of the illegal content as well as the reason why he believes that this content should be changed or removed;
· the use made of the Website;
· the safety of the Website. This includes, without limitation, any damage caused by viruses, errors and computer fraud;
· the accessibility and/or availability of the Website. Mcapp does not guarantee that all the Website's functionalities be available at all times - by technical means - without errors or interruption, or that any errors or interruptions will be immediately corrected. Mcapp may also refuse or terminate access to the Website at any time and without notice.
The aforementioned limitations and/or exclusions of Mcapp's liability apply to the extent possible under applicable law, and in any event not in the case of intent or gross negligence on the part of Mcapp.
Privacy and Cookies
For more information on how Mcapp processes personal data, you can consult the Mcapp Privacy Policy.
For more information on how Mcapp uses cookies on the Website, you can read the Mcapp Cookie Policy.
Hyperlinks
If the Website contains hyperlinks to websites that are not managed by Mcapp, Mcapp cannot be held liable for the links, the content found there or the existence of these other websites. The presence of such links does not imply any approval by Mcapp, nor does it imply any association with their operators.
Miscellaneous Provisions
Invalidity of a Provision
The nullity, invalidity or unenforceability of one or more provisions of the General Terms and Conditions, the Privacy Policy, the Cookie Policy or any Special Terms and Conditions shall not result in the nullity, invalidity or unenforceability of the whole thereof. Any provision that is wholly or partially void, invalid or unenforceable shall be deemed unwritten, while the other provisions shall remain in full force and effect. The invalidated provision shall then be replaced by another provision which approximates the underlying intention of the invalidated provision as closely as possible.
Waiver of Rights
A failure or delay in exercising a right arising from the General Terms and Conditions, the Privacy Policy, the Cookie Policy or any Special Terms and Conditions shall not be considered a waiver of said right. The non-exercising or partial exercising of a right shall not prevent the subsequent exercising of that right or of any other right arising from the relevant conditions.
Changes to these General Terms and Conditions
Mcapp may amend these General Terms and Conditions at any time when it has a valid reason to do so, for example in order to comply with changing laws and/or technologies. In such cases, Mcapp will post the revised version under the link "General Terms and Conditions" on the Website (i.e. this Webpage) or elsewhere on this Website. Such revised versions shall be applied immediately after posting on the Website, unless expressly stated otherwise. It is your responsibility to keep up to date with any revised versions of the Terms of Use by checking this webpage regularly.
Applicable Law and Competent Jurisdiction
The Website is governed by USA law. The courts of Delaware are exclusively competent for any disputes resulting from or related to the use of the Website.