These terms and conditions are effective immediately for those registering accounts (as herein defined)
These terms and conditions (the “Terms”) of this User Agreement (as herein defined) govern Your access to and use of MSC Loyalty System’s mobile applications that link to or reference this User Agreement and websites (collectively, the "Site"). By accessing, browsing, crawling, scraping or in any way using the Site, You agree to the Terms set forth in this User Agreement, the Privacy Policy and all other guidelines or policies referenced herein (collectively, the "User Agreement" ).
PLEASE READ THIS USER AGREEMENT CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS USER AGREEMENT. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS USER AGREEMENT.
(a) "User" is someone who accesses, browses, crawls, scrapes or in any way uses the Site. The terms "You", "Your" and "Yourself" refer exclusively to You, as a User of the Site. The terms "We", "Us", "Our", and "KD Techs" refer exclusively to KD Technology Ltd a British company, with offices at The Wenta Business Centre, Suite 66, Electric Avenue, Enfield EN3 7XU. Each of “You”, “Your”, “Yourself” and “We”, “Us”, “Our” and “KD Techs”, is a “Party” and together the “Parties”.
(b) "Content" means text, images, photos, audio, video and all other forms of data or communication."Your Content" means Content that You submit or transmit to or through the Site, such as ratings, reviews, compliments, invitations and information that You display as part of Your account profile. "User Content" means Content that Users submit or transmit to or through the Site. "KD Techs Content" means Content that We create and make available on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, and KD Techs Content.
Minors. If You are a minor (under the age of 18), You can use this service only with the consent and under the supervision of Your parents or legal guardians. If You are a minor, please do not submit any personal information to this website. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO CREATE OR USE A BUSINESS ACCOUNT (as herein defined).
You must have the requisite power and authority to enter into this User Agreement in order to use this Site. If You are between the ages of 14 to 18 years old, You must have consent and be under the supervision of Your parents before creating or using our services. You may not access or use the Site if: (1) You believe You are a competitor of Ours, (2) We deem You as a competitor of Ours, or (3) We have previously banned You from the Site. If You use the Site on behalf of a company, entity or organization, You represent that You are an authorized representative of such company, entity or organization with the authority to bind it to the this User Agreement (which authority You hereby exercise). To the extent that You do not meet the eligibility requirements as set forth herein, KD Techs may, at its sole discretion, elect to terminate Your account.
We may modify this User Agreement from time to time, for example, to reflect changes to the law or changes to the Site. You should look at the User Agreement regularly. We’ll post notice of modifications to the User Agreement on this page. When changes are made, We will notify You by making the revised version available on the Site and will indicate on the Site the date on which revisions were last made. Changes will not apply retroactively and will become effective no sooner than thirty days after they are posted for pre-existing accounts. However, changes addressing new functions for the Site or changes made for legal reasons will be effective immediately. If You do not agree to the modified terms for this User Agreement, You should discontinue Your use of the Site. You should revisit this User Agreement on a regular basis as revised versions will be binding on You. Your continued use of the Site after any posted modification to this User Agreement indicates Your assent to the modified and/or restated User Agreement.
To use the features of our system, You are required to create an account and provide information about Yourself to Us. You are exclusively responsible for maintaining the confidentiality of Your account password. You are also exclusively responsible for all activities that occur in connection with Your account. You agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close your account at any time for any or no reason. There are two type
(a) "Personal Account" is an account for Your personal, non-commercial use only. Personal Account is created by Business Account.
(b) "Business Account” is an account to be used solely for the purpose of representing Your business on the Site. In creating or updating a Business Account, You must be an authorized representative of the business in question, and You must provide complete and accurate information about Yourself and the business You represent. You may not provide an email address that is not Your own or create multiple Business Accounts for the same business. Your Business Account accepts these terms. It will hold harmless and indemnify Us from any claim, suit or action arising from or related to the use of the Site or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. Additional terms associated with a Business Account are further set forth in the “Customer Participation Agreement”, which, additional terms, applicable to all Business Accounts, are incorporated herein by reference.
We grant You permission to use the Site subject to the restrictions in this User Agreement. In using the Site, You may be exposed to Content that is offensive, indecent, untruthful, inaccurate, objectionable, defamatory or otherwise inappropriate. KD Techs does not endorse such Content and as part and parcel of this User Agreement, specifically precludes all Users from submitting or posting such to the Site.
Use of the Site is available on mobile devices. Do not use the Site in a way that distracts You and prevents You from obeying traffic or safety laws.
We are under no obligation to enforce the User Agreement on Your behalf against another User. While We encourage You to let Us know if You believe another User has violated the User Agreement, We reserve the right to investigate and take appropriate action at Our sole discretion. YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:
(a) use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User’s use of the Site;
(b) use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
(c) use the Site for promotional or commercial purposes, except in connection with a Business Account and as expressly allowed in writing by KD Techs;
(d) use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners, compensating someone or being compensated to write or remove a review, or by writing a fake or defamatory review;
(e) use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
(f) use the Site to promote bigotry or discrimination against any persons or other Users for any reason;
(g) use the Site to violate any third-party rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any person or entity;
(h) use the Site to submit or transmit any nude images of any kind, pornography or illegal content;
(i) use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
(j) use the Site in violation of this User Agreement or any applicable law;
(k) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, or Site Content (other than Your Content) or other User Content, except as expressly authorized by Vagaro;
(l) reverse engineer any portion of the Site, except as may be permitted under the law;
(m) remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
(n) record, process or mine information about other Users;
(o) use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index the Site or any Site Content;
(p) access, retrieve or index the Site to for purposes of constructing or populating a search-able database of business reviews;
(q) reformat or frame any portion of the Site;
(r) take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on Our computer systems;
(s) attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; and make any untruthful or defamatory statements.
KD Techs will never sell it's user contact information nor allow anyone to advertise to other businesses clients other than their own. For example, if you book or register with a Business Account, you consent to receiving communications from that Business Account such as marketing information or appointment reminders.
We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it and allowing others to do the same in connection with their own websites and media platforms (collectively, "Other Media"). As such, You hereby irrevocably grant Us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the Site’s Users and the Users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, You irrevocably waive, and cause to be waived, against KD Techs and Our Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” We mean use, copy , publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
You alone are responsible for Your Content. You assume all risks associated with Your Content, including, but not limited to, anyone’s reliance on its accuracy, quality, reliability, completeness or usefulness, or any disclosure by You of information in Your Content that makes You personally identifiable. You represent that You own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Vagaro. You may expose Yourself to liability if, for example, Your Content violates any third-party right, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may remove or reinstate User Content from time to time at Our sole discretion. For example, We may remove a review if We believe it violates this User Agreement. We have no obligation to retain or provide You with copies of Your Content, nor do We make any guarantees or representations concerning any confidentiality with respect to Your Content. KD Techs and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to You.
User Content (including any that may have been created by Users employed or contracted by KD Techs) does not necessarily reflect the opinion of KD Techs. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at Our sole discretion for any reason or no reason, and without notice to You. For example, We may remove a review if We believe it violates the User Agreement. We have no obligation to retain or provide You with copies of Your Content, nor do We guarantee any confidentiality with respect to Your Content.
As part of the services offered by our system, KD Techs permits its Users to make appointments with certain businesses. In the event that a User elects to reserve an appointment with a business on the Site, the User covenants and agrees that he/she/it will arrive at the designated appointment. In the event that the User is unable to make the appointment after scheduling such, he/she/it agrees to cancel such appointment not less than twenty-four (24) hours in advance of the originally scheduled time. You acknowledge and agree that Business Account users may suspend or terminate Your account in the event that You fail to appear at any scheduled appointment. You represent, covenant and agree further that You will not make any appointments at which You do not intend to appear and You covenant and agree further to refrain from any and all conduct which may be adverse to the interest of each of the businesses featured on the Site. Each User covenants and agrees to defend, indemnify and hold harmless KD Techs from and against any and all conduct which may be adverse to any of the businesses soliciting appointments on the Site.
We reserve the right to modify, update, or discontinue the Site at Our sole discretion, at any time, for any or no reason, and without notice or liability.
We reserve the right to exercise whatever lawful means We deem necessary in order to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping and contacting Your Internet Service Provider (ISP) regarding such unauthorized use
We are under no obligation to monitor the Site or Site Content. However, We reserve the right to investigate possible violations of the User Agreement, block Users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the Privacy Policy.
We may terminate or suspend Your account or ability to use the Site, in whole or in part, at Our sole discretion, for any or no reason, and without notice or liability of any kind. For example, We may terminate or suspend Your account or ability to use the Site if You breach this User Agreement or are suspected of involvement in illegal activity. Any such termination or suspension could prevent You from accessing Your account, the Site, Your Content, Site Content or any other related information. You may terminate this User Agreement at any time by closing Your account, discontinuing Your use of any and all parts of the Site. If You close Your account, We will use commercially reasonable efforts to stop displaying Your account profile on the Site, but may continue to display Your Content. In the event of any termination, this User Agreement will continue in full force and effect, including Our right to use Your Content.
We own the KD Techs Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate User review ratings and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the KD Techs Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the KD Techs Content in whole or in part except as expressly authorized by Us. Except as expressly and unambiguously provided herein, We do not grant You any express or implied rights, and all rights in and to the Site and the KD Techs Content are retained by Us.
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “ AS IS ” BASIS. KD TECHS MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE AND/OR (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. KD TECHS FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM VAGARO OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED HEREIN. KD TECHS DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF KD TECHS OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. KD TECHS FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER(S) OR NETWORKS FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE. KD TECHS ALSO DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH KD TECHS RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.