Effective as of 4th of May 2022
This Terms and Conditions document represents a legally binding agreement between you and McDeck. By purchasing the services or otherwise interacting with the website, you agree to be bound by the terms of this agreement. Please read carefully this Terms and Conditions document and keep a copy of it for your reference.
If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not purchase the services on the website.
These Terms and Conditions do not interfere with any obligation or authorisation provided in any other agreement concluded between you and McDeck. Provisions of any individual agreement between you and McDeck supersede provisions from these Terms and Conditions.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions. Defined words can be recognised throughout this document by the capitalised first letter.
• ‘Terms/Agreement’ refers to the latest version of this Terms and Conditions document.
• ‘Privacy Policy’ refers to the latest version of the McDeck Privacy Policy document.
‘We/Us/McDeck’ refers to Brom doo.
• ‘Site’ refers to the website of McDeck available at https://www.mcdeck.com/, or any other url which may host McDeck websites or Services.
• ‘Services’ refers to the functionality of the Site, the design services, and other services provided by McDeck.
• ‘User/You’ refers to any person or legal entity interacting with the Site or purchasing the Services.
• ‘Party/Parties’ refers to either User or McDeck when used in singular form and to both User and McDeck when used in plural form.
• ‘Third-Party’ refers to any natural or legal entity other than Users and McDeck.
• ‘Content’ refers to all images, text, audio and video data or any other information located on the Site or obtained through the Services.
• ‘User Content’ refers to the Content provided by Users.
• ‘Product’ refers to any work result created by McDeck for the User as a part of the Services.
• ‘Confidential Information’ refers to any and all information disclosed between the Parties in relation to the Services. Confidential Information does not cover information that was known either party prior to disclosure or information that was made available to the public.
• ‘Intellectual Property’ refers to any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, service marks, copyrights, computer software, ideas, creations, writings, lectures, illustrations, photographs, motion pictures, scientific and mathematical models, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form.
1.2 Titles and headings provided in these Terms are for convenience and ease of access only and they will not affect the interpretation of the Terms.
1.3 Terms and abbreviations not defined in this section shall have the usual meaning unless the context otherwise requires.
2.1 By purchasing the Services, you confirm that you (i) are older than 18 years and have full legal capacity to enter into a binding agreement, (ii) that you will provide true, accurate, current, and complete information where requested, (iii) that you will not use the Services contrary to these Terms or applicable laws. If you purchasing the Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorisation to accept the terms of this Agreement, (ii) you have the appropriate authorisation to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this Agreement and to perform obligations as defined herein.
2.2 The Site, Services or some of their parts may be accessed globally and we may not control who uses the Site and the Services, so it is upon you to assess whether the use complies with your local laws and regulations. If any part of the Site or Services is not compatible with your local laws, you agree to stop using them. Some Services may not be available in your region and you agree to abide by such limitation.
2.3 The nature and type of Services offered is fully described on the Site. We are continually improving our Services and we may from time to time add, remove, amend or upgrade our Services.
2.4 McDeck cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. McDeck cannot and does not guarantee that the Site will be operational 100% of the time. The Site may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of account suspension or termination, (iv) internet problems outside of McDeck’s control, (v) bugs in the software or hardware without a commercially known fix.
2.5 We understand the importance of deadlines so we guarantee that the Product will be delivered until the midnight of the day on which the agreed deadline ends, unless that days falls on a weekend or a public holiday, in which case the Product will be delivered on the next working day. In the event that McDeck does not deliver the Product within stipulated deadline, we will refund the User in full. If the User and McDeck agree on prolongation of the deadline, no refunds will be made for breaching the original deadline. McDeck is not liable nor does it offer refund for (i) any lateness that resulted from technical problems of internet service providers, mail account providers, database software, incompatible formats and hosting providers, (ii) any lateness that resulted from death or illness of McDeck’s personnel, (iii) inability on User’s part to receive the Product, and (iv) lack of cooperation from the User including providing imprecise instructions, not delivering User Content on time, change in the scope of the project, making unreasonable demands, taking too long to review the Product and similar.
2.6 You agree that you will not misuse our Services. A “misuse” is any use, access or interference with the Services contrary to these Terms, our Privacy Policy and applicable laws and regulations. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will especially not, without limitation, do any of the following:
I send or otherwise post unauthorised commercial communications (such as spam) through the Services;
II upload viruses or other malicious code;
III post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third parties;
IV take any action creating a disproportionately large usage load on our Services unless expressly permitted by us;
V communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or that otherwise infringes or violates someone else's rights;
VI encourage participation in or promote any content, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website
2.7 Both Parties understand and agree that they will not, in public or in private, make any false, disparaging, derogatory, or defamatory statement, online or otherwise, to any person or entity including but not limited to any media outlet, industry group, financial institution or our current or former client, regarding the other Party or their business affairs, business prospects, or financial condition. Parties further understand and agree that they will not make any negative statement or review about the other Party and their business, even if such statements or reviews are true at the time of their making, prior to providing the other Party with a reasonable option to resolve or amend the cause for the negative statement or review.
2.7 If you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them.
2.9 If you have any questions or suggestions you can contact us at hello@McDeck.com.
3.1 Mutual Warranties. Each Party represents and warrants that (i) it has the power and authority to enter into and fully perform this Agreement; and (ii) the performance by such Party of its obligations and duties hereunder will not violate any agreement to which such Party is bound.
3.2 McDeck Warranties. McDeck hereby warrants that: (i) it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) the Services will be performed materially in accordance with the Services description on the Site under normal use and circumstances; and (iii) it will perform all Services in a professional manner. In the event the User believes that McDeck is in violation of its limited performance warranty, the User shall notify McDeck and McDeck shall use reasonable commercial efforts to correct any error or defect. This will be the sole and exclusive remedy for McDeck's breach of the forementioned limited performance warranty.
3.3 Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTIONS 3.1 AND 3.2, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION, OR THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS. ANY WARRANTIES IMPLIED BY LAW, BY THE COURSE OF DEALING BETWEEN THE PARTIES, OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (i) MCDECK DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE PERFORMED WITHOUT INTERRUPTION OR ERROR; AND (ii) MCDECK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS SECURE FROM HACKING OR OTHER UNAUTHORISED INTRUSION OR THAT USER DATA WILL REMAIN PRIVATE OR SECURE.
4.1 All Intellectual Property rights connected with the Services, or technology used with the Services are the sole property of McDeck or are used under appropriate licences or permissions. Nothing in this Agreement shall be understood or intended for transfer of such Intellectual Property rights to you or any other Third-Party.
4.2 Subject to your compliance with this Agreement and full payment of the applicable fees, we grant you an exclusive, non-revocable, worldwide, limited, non-sub licensable licence to use the Product. Except as expressly permitted in this Agreement, you may not:
• decompile, reverse engineer, disassemble, or decrypt any part of the Product;
• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Product;
• violate any applicable laws, rules, or regulations in connection with your access or use of the Product;
• remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Product;
• use the Product for any purpose for which it is not designed or intended;
• use the Product for creating or marketing a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services; or
• distribute, transfer, sublicence, lease, lend or rent the Product to any Third-Party;
4.3 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to McDeck and McDeck may disclose certain Confidential Information to the Users. Regarding such information both Parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any Third Party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
4.4 If you provide content through the Services, you grant us a non-exclusive, royalty-free, limited, worldwide right to use, reproduce, modify, adapt, publish, distribute, and display such User Content in the Product as necessary by the nature of the requested Service. Whenever Users upload User Content, they warrant that they have the right to do so and to grant us the necessary licences as described herein.
5.1 Use of Services may be subject to applicable fees as displayed on the Site. Unless otherwise specified on the Site all prices are shown exclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.
5.2 We reserve the right to amend the prices or to institute new fees at any time. We will publish new prices on the Site. New or changed fees will be applicable from the moment of publishing the changes on the Site.
5.3 All payments on the Site are final and non-refundable. By purchasing the Services, you are making a non-refundable payment for the digital content which is exempt from the cooling-off period under the applicable laws. Unless otherwise exempt under the law, you further confirm and agree that by making the payment on the Site you waive your right to withdraw from the purchase.
6.1 The effective date of these Terms is indicated in the heading of the document. The Terms become applicable from the moment of publishing on the Site and remain applicable until terminated in accordance with these Terms.
6.2 Users may terminate this Agreement at any time by delivering a written notice to McDeck. No refund will be provided for such termination unless the termination is due to the breach of deadlines for the delivery of the products not caused by the User.
6.3 We may terminate this Agreement immediately at any time by written notice to the User if the User:
• commits any material breach of its obligations under this Agreement which (if remediable) is not remedied within 5 days after the service of written notice specifying the breach and requiring it to be remedied;
• is unable to pay their debts as they fall due, or is reasonably deemed unable to pay their debts.
6.4 We may also terminate this Agreement at any time without reason and with notice provided that we issue a full refund for the paid and undelivered Services.
6.5 On termination of this Agreement, all provisions of this Agreement shall cease to have effect, except that any provision which can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.
7.1 You will indemnify and hold harmless McDeck, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE MCDECK SERVICE IS TO STOP USING THE MCDECK SERVICES.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCDECK, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE MCDECK SERVICES, REGARDLESS OF LEGAL THEORY, EVEN IF MCDECK HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL MCDECK’S AGGREGTATED LIABILTY TO YOU EXCEED THE TOTAL AMOUNT YOU PAID MCDECK, IF ANY, IN THE ONE MONTH PERIOD PRECEEDING THE REASON FOR THE CLAIM.
9.1 McDeck may make changes or replace our Terms at any time. We will post such changes, replacements and updates on the Site, and such change, replacement and update to our Terms will take effect on the date specified in the changed Terms.
10.1 This Agreement shall be governed by and construed under the laws of the Republic of Serbia, without regard to its conflict of law provisions, and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that if you have any dispute with McDeck you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts in the city of Novi Sad, Republic of Serbia.
11.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
11.2 Any failure to exercise or enforce any right or the provision of this Agreement shall not constitute a waiver of such right or provision.
11.3 Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.
11.4 These Terms represent an entire agreement between you and McDeck regarding the use of the McDeck Services. Any subsequently executed agreement between the Parties shall take precedence over this Agreement.
