(i) these Terms; and
(ii) other supplemental terms and policies referenced herein, which are stated to be incorporated into, and made a part of, these Terms by reference.
You represent and warrant that you are of a legal age in your jurisdiction to form a binding contract, and, if you are entering into these Terms on behalf of your employer or other legal entity, that you have full authority to bind said employer or other legal entity to these Terms.
MST reserves the right to make changes to these Terms at any time by posting the changed version of the Terms on this page. Your continued use of the Service after any changes to these Terms shall constitute your acceptance of such changes. Please check this page regularly for any changes to these Terms. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text shall prevail.
By accessing or using this Website and/or purchasing any Travel Products on the Website, you agree to the Terms. If you do not agree to the Terms, please do not use the Website or Service.
1. DEFINITIONS AND INTERPRETATION
These Terms contain a range of capitalized terms, some of which are defined in this Section, and some of which are defined elsewhere. Section and sub-Section headings in these Terms are for convenience of reading only and may not to be used or relied upon for interpretive purposes.
1.1. “Booking” means an individual reservation entry for one or several Travel Product(s).
1.2. “Cancellation Deadline” means the last date until which Customer may cancel its Booking without Cancellation Charges (as defined below) as set out in the applicable Cancellation Policy (as defined below).
1.3. “Company” means travel agents, on-line-travel sites, home agents, and/or corporations which purchase the Service from MST.
1.4. “Content” means any text, data, information, files, images, graphics, sounds, videos, code, audio clips, links, and/or other similar materials.
1.5. “Customer” means an individual who purchases or receives the Travel Products purchased by the Company under the Services Agreement.
1.6. “Group Booking” means one or more Bookings for more than five (5) rooms and/or nine (9) persons it total.
1.7. “Package” means a package as defined in Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements.
1.8. “Privacy Statement” means MST’s then-current privacy statement available at Privacy Statement
1.9. “Provider” means the provider of Travel Products, e.g. hotel chains or car rental companies.
1.10. “Service” means (i) the Website, and (ii) the Booking Platform (as defined in, and to the extent the right to use such platform is granted under, the Services Agreement), which is MST’s online travel platform offering various Travel Products through MST’s own private database and through direct interfaces with suppliers across the world. To the extent access to the API (as defined in the Services Agreement) is granted in the Services Agreement, references to the Booking Platform include the API.
1.11. “Service Agreement” means the agreement for the purchase of Travel Products entered into between MST and Company (as listed in the Service Agreement).
1.12. “Travel Products” means travel products including without limitation accommodation, transfers and car rental.
1.13. “you” means the user of the Service. In these Terms, reference to “you” shall include “Company”.
Our Privacy Statement provides information about our data-collection practices and is incorporated by reference into these Terms.
3. COMPANY OBLIGATIONS
3.1. The Company declares and undertakes that it is free to enter into the Terms and the Service Agreement, and there are no legal, commercial or contractual restrictions preventing it from fully performing all obligations thereunder.
3.2. The Company has and will have throughout the term of the Service Agreement, all approvals, permits and licenses required pursuant to any law to perform any activity related to the Booking Platform in accordance with the Service Agreement (if required).
3.3. The Company undertakes to strictly comply with any then-applicable law, regulations, directives, guidelines and/or any legislation, including any legislation that prescribes provisions regarding marketing to consumers and obligations regarding proper disclosure.
3.4. The Company shall make all Bookings hereunder in accordance with these Terms and the terms of the Service Agreement and/or any relevant terms and conditions displayed on the Booking Platform.
3.5. The Company shall timely provide MST, upon MST’s request, with any material information regarding Company’s Customers that may be required for properly processing and providing the Travel Products; including, without limitation, the names of the Customers, their age, nationality and dates of travel.
4. TRAVEL PRODUCTS
4.1. At the time of making the Booking and/or during the Booking process, MST shall inform the Company of the specific terms and conditions relevant for the respective Travel Product as well as any special operational procedures (which may include opening hours, renovations, minimum age at check-in and voucher presentation obligations); all of which shall be displayed on the Service. The Company shall be responsible for ensuring that the specific terms and conditions for each Travel Product will be clearly displayed to its Customers.
4.2. Information about Travel Products appearing on the Service is strictly as provided by the Provider, and/or other official international sources and we are not liable for any omissions, errors, or correctness of any part thereto.
4.3. Each Travel Product may be accompanied by a “Remark” and, in the case of hotels, “Hotel Info”, in which special terms relevant for such Travel Product are specified, including without limitation, types of beds available in the room (e.g., double bed as opposed to two singles), or surcharges for additional children in the room. The Company and its respective Customers shall be responsible for reviewing all such terms that are relevant to the Booking and to make sure that the Booking made is consistent with those special terms.
4.4. Any important information such as taxes, facility/resort fees and front desk limited working hours may be displayed in the Remarks or Hotel Info on the Booking Platform and/or the information provided by the Provider. Accordingly, it is Company’s responsibility to check for updates regarding such information and to fully inform its Customers accordingly. MST will not be held responsible for fees or losses incurred as a result of failure to transmit such information. Company assumes all responsibility in relation to the above.
4.5. As we also distribute dynamic inventory (connected directly to the hotel CRSs, where they perform current revenue management), for agencies who have opted to cancel their bookings upon or subsequent to cancellation deadlines, then the rates might be increased, and rooms might no longer be available for the period between when the Booking is made on our system and your reconfirmation to us to release the Booking to the agent.
4.6. In the event that any Provider is unable to provide one or more Travel Products specified in the Booking, MST shall inform the Company promptly following receipt of notice from Provider to such effect. The Provider shall be solely responsible to compensate the Customer for any such changes made to the Booking.
4.7. Complaints must be reported by Customer to the Provider and MST on a real-time basis. However, we will not be liable for any complaints to Providers. Customer is responsible for making Provider aware of any complaints compensation for a problem which could have been rectified during the Customer’s stay, had the Provider been made aware of it.
Usually, the prices for all Travel Products displayed on the Service are the net rates (“Rates”), which are subject to applicable law, and, unless otherwise advised by the respective Provider (and, in turn, advised by MST via the Booking Platform), are inclusive of all applicable taxes and fees (i.e. direct taxes, withholding tax, levy, VAT, or any tax applicable in any jurisdiction and/or resort fees). If such taxes/VAT apply after the Booking is made for the Customer, then the Customer will be charged for any differences that may arise. Company may independently determine its own markup and shall charge any such markup directly to its Customers as a markup to the Rates. Breakfast and/or other meals are not included unless otherwise stated. Some hotels/travel suppliers/authorities may charge additional local taxes, which are payable upon clients’ arrival. The applicable currency is shown on every page of the “hotels” section lists.
6.1. Any vouchers you receive from us will entitle a Customer to use the pre-paid Travel Product(s) in accordance with the terms specified in the applicable voucher. All and any extras/alterations to the above are at your or the clients’ sole discretion, and any additional charges, such as but not limited to, late checkout, food and beverage, phone bills, laundry, room service, insurance and/or upgrades will be settled by the Customer directly with Provider on a real time basis.
6.2. The Company will issue its own vouchers for accommodation and services reserved for its Customers, or, alternatively, the Company may choose to use e-vouchers generated by MST’s Booking Platform. We highly recommend keeping our emergency phone number on every voucher you may use.
7. HOTEL ACCOMMODATION
7.1. Hotel ratings, information, maps, and images displayed on the Service are unofficial and intended as a guideline only and are not binding upon us in any respect. We do not guarantee the accuracy of the ratings.
7.2. Guest rooms are allocated by hotels upon check-in at the hotels’ sole discretion. Special requests such as non-smoking rooms, adjoining or interconnecting rooms, high or low floors etc., will be forwarded by us to the Provider but cannot be guaranteed.
7.3. In most hotels normal check-in time is 3:00 PM and check-out time is until noon (12:00).
7.4. Hotels must keep the rooms booked for you until 6:00 PM local time on the day of arrival. If the Customer expects to arrive at the hotel after this hour, he/she must advise you at the time of Booking by providing the estimated arrival time. Should the Customer fail to do so, the hotel has the right to resell the room, and might not be able to accommodate the Customer when he/she arrives. Providing us with the “late arrival” information regarding the Customer is your responsibility, and we will not be held liable for any problems or liability arising out of your failure to do so or any failure by Customer to so notify you. This policy also applies to any facilities or properties having limited front desk working hours.
7.5. Please be aware that hotels are under renovation from time to time. Hotels take all possible steps to limit disruption to their guests. Assuming that renovations were disclosed at time of Booking, we will not accept complaints, or requests for refunds, if a hotel is carrying out renovations while a Customer is resident there.
7.6. The number/type of beds is as described. Hotels may have the right to accommodate more than two guests in a room with one double bed or two separate single beds.
7.6.1. The room types are: SGL (rooms with one single bed); DOUBLE (rooms with one double bed or two separate single beds); TWIN (rooms with two single beds); TRPL / accommodating 3/ & QUAD /accommodating 4/ – may consist of twin or double bed/s/ plus an extra bed or two double beds. Extra beds are usually in the form of a “roll away” and not full size.
7.6.2. If a Customer desires an extra bed which is not mentioned in the room’s description, Customer must ask request it at the time of booking. MST shall not be responsible for any failure to provide it.
7.6.3. In some hotels, no additional bed is provided for a child if the addition of a child is not subject to any charges or is subject to a reduced price. The sharing TWIN /DBL room by a child with adults and breakfast may be charged for a child on departure.
7.7. Contracts with hotels are based on sale to the leisure market. Should any Customer on arrival be found to be a corporate client, then the Provider may waive the Booking and charge the full rack rate. We cannot accept any responsibility if the Customer/you have a “corporate rate” agreement with the particular hotel/chain, and the Provider refuses to honor such Booking.
7.8. Hotels may request the guest to present his/her official travel document (passport) and/or other identification certificate. Please advise your Customers accordingly.
7.9. Kindly note that Hotels may refuse to accommodate guests under the age of 18\21 years old, travelling without their legal guardians. Please advise your Customers accordingly.
7.10. A valid credit card or a cash deposit for incidentals might be requested by the hotel at check-in.
10. CANCELLATIONS AND AMENDMENTS
10.1. The cancellation policy for each Booking, as determined by the respective Provider, shall be clearly displayed on the Booking Platform at the time of making the Booking or during the Booking process (the “Cancellation Policy” or as might appear on the Platform “CXL”). The Cancellation Policy will specify until what date and time cancellations will be accepted and what cancellation fee, if at all, will be due to MST for such cancellation. The Company shall be responsible for ensuring that the relevant Cancellation Policy will be clearly displayed to its Customers.
10.2. Without derogating from Section 10.1 above, Cancellation Deadlines apply for each particular Booking and depend on several factors including the Travel Product type, the Provider and any third party suppliers or aggregators, and dates of travel. The Cancellation Deadline will be provided with the Booking confirmation, except as otherwise specified by us. If the Customer cancels after the Cancellation Deadline, or fails to show up at the Travel Products provision point (“no-show”), then the Customer will be charged a minimum of 1 night/day/unit cost of each Travel Product, and up to 100% of the total amount booked (“Cancellation Charges”) We will do our best to avoid Cancellation Charges and will only charge you if a Provider charges us.
10.3. In the event that you make any alteration to your Booking (including, but not limited to, cancellations, refunds, amendments and name changes), then we reserve the right to charge you a fee of EUR 15 per person to cover the administration costs incurred. This charge does not include any additional charges imposed by the Provider or by any third party suppliers or aggregators. Any credit card, Booking, and/or other fees paid for delivery of paper tickets and documents are non-refundable in the event of cancellation.
10.4. In the event of duplicate Bookings the Company may incur additional charges for all such identical confirmed Bookings. MST will endeavor to minimize the charges but cannot guarantee to waive these charges, in part or in whole.
10.5. All and any cancellation or amendment requests must be made in writing, preferably online on the Website or Booking Platform. We will not process any of your requests made by phone. The original status of the bookings will be deemed accurate and applicable for all purposes, including payment.
10.6. If a hotel is overbooked, then the hotel may offer alternative accommodation for the Customer. We will advise you immediately, upon receipt of such notice from the Provider, and you will be free to accept or decline and cancel the reservation with us within 24 hours. For clarify, we will bear no liability towards yourselves and/or the Customers for any such overbooking or for any failure to find alternative accommodation. Should the Customer wish to re-book a different hotel of facility at a higher price, then, he/she will be liable for the additional costs.
10.7. Any amendments or cancellations of bookings must be made directly through us and not via the Provider. Should you fail to comply with this, full charges will apply for the Travel Products booked through us, regardless of your direct dealings with the Provider.
10.8. We will not accept any direct communication, correspondence or instructions from Customers.
10.9. If the Customer decides to shorten/partially cancel Travel Products during the time he/she is already using them (for example: shorten the hotel stay and leave earlier than booked), then it is strongly recommended that he/she will obtain written consent from an authorized representative of the Provider that they will not be charging for the unused part of the Travel Products and share such a written consent with you. This will facilitate our claim to obtain a refund on the Customer’s behalf. We will not be able to guarantee any refunds, and in the event no refund is granted by Provider, the full cost of such Travel Products as paid or payable to us will be unchanged. All and any refunds must be first confirmed by the Provider, and we will not be able to refund you if we do not receive a refund from the Provider for any reason.
10.10. All extensions and extra Travel Products outside the scope of the original vouchers provided by us, will be handled and paid for by the Customer directly on a real time basis, and we will not be held liable in any way for such dealings, which are fully at the Customer’s sole discretion.
10.11. Any change (including without limitation name and date) is subject to Provider’s approval.
12. TRAVEL PACKAGE
The Travel Products are not offered as a travel Package. MST do not offer nor organize travel Packages. If you include any of the Travel Products provided by us in a travel Package, you undertake to strictly comply with any applicable legislation (including without limitation Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements and any Israeli or other applicable equivalent). MST shall have no liability in relation to such legislation and you shall indemnify us for any failure to comply with this section.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. The (i) Content on the Service and (ii) the trademarks, service marks and logos contained therein (“Marks”, and together with the Content, the “Materials”), are the property of MST and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “MST Travel Travel”, “MST”, and the MST logo are Marks of MST or its affiliates. All other Marks used on the Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the Materials.
13.2. Content on the Service is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.
13.3. If you provide MST with any feedback (whether orally or in writing) including without limitation comments, questions, reports, ideas, suggestions, or similar feedback regarding the Service or for improving the Service (“Feedback”), such Feedback shall be deemed the exclusive property of MST; and you hereby irrevocably transfer and assign to MST all intellectual property rights to the Feedback and waives any and all moral rights or economic rights that you may have in respect thereto.
14. THIRD PARTY CONTENT AND SOURCES
You shall not do (or permit or encourage to be done) any of the following (in whole or in part): (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Service to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service, or any part thereof; (v) use any robot, spider, scraper, or other automated means to access or monitor the Service for any purpose; (vi) take any action that imposes or may impose (at MST’s sole discretion) an unreasonable or disproportionately large load on the Service’s infrastructure or infrastructure which supports the Service; (vii) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (viii) remove, deface, obscure, or alter MST’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service; (ix) use the Service to develop a competing service or product; (x) use the Service to send unsolicited or unauthorized commercial communications; and/or (xi) use the Service in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms, any terms and conditions of any third-party product or service you use, or agreement you have entered into with any third party.
16.1. We act only as an intermediary in making arrangements for hotels, transportation or any other Travel Products and do not assume any responsibility for the Travel Products provided by the Provider and make no representations or warranties (express or implied) as to the suitability or quality of Travel Products featured on this Website. MST accepts no liability whatsoever in relation to any Travel Products.
16.2. Company hereby acknowledges that each Provider shall be solely responsible, with respect to the Travel Products supplied by it, for ensuring that all the information, including, without limitation, the Cancellation Policy, product descriptions, layouts or maps displayed on the Booking Platform is accurate and properly updated. Company hereby further acknowledges that it is aware that MST provides such information in real- time, AS- IS and as received from the Providers, and therefore, MST shall not be responsible for the accuracy, frequency of updates or content of said information supplied by the Provider, or any other third party. Hotel categories supplied by Providers and third parties may vary depending on local conditions or other reasons and MST shall not be responsible for the hotel category or for any other hotel facilities or services.
16.3. We are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Providers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our direct control, including which is attributable to a Provider, and we have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
16.4. We shall not be in breach of these Terms, or liable to you due to our failure, delay or inability to fulfil any Booking or performance of any obligation under these Terms by reason of, any events which are beyond our reasonable control.
16.5. We do not act as agents nor do these Terms create any partnership between us. We are not liable for any Force Majeure, personal injury, death, illness, property damage or other loss or expense of any nature directly or indirectly arising out of any actions taken by a hotel, airline, transportation company, or any other person or company providing or rendering services reserved through us.
16.6. The Service is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for accessing and using the Service and for the selection of the Service to achieve your intended results. MST hereby disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. MST does not warrant that the Service or access to and use of the Service will be uninterrupted or error free or that defects will be corrected, or that the Service is free from viruses or other harmful code.
16.7. MST does not offer a warranty or make any representation regarding Third Party Content, Third Party Software, Travel Products, any content, information, reports or results that you obtain through the Service. Your use of and reliance upon the Service, or Content is entirely at your sole discretion and risk, and MST and its affiliates, shall have no responsibility or liability whatsoever to you in connection with any of the foregoing. We do not make any guarantee or representation as to the accuracy or proprietary nature of Service content and disclaim any liability for any inaccuracies relating to the information and description of all Travel Products displayed herein.
16.8. You agree that we will not be held responsible for any consequences that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.
17. LIMITATION OF LIABILITY
WITHOUT DEROGATING FROM THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MST OR ANY MST AFFILIATE BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES; AND/OR (V) TRAVEL PRODUCTS, THIRD PARTY CONTENT AND THIRD PARTY SOFTWARE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MST OR ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SERVICES), EXCEED $500 US (FIVE HUNDRED US DOLLARS). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SHALL APPLY: (I) EVEN IF MST OR ITS AFFILIATES, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
You hereby agree to indemnify, defend and hold MST, its respective affiliates and any of our officers, directors, employees and agents and/or Providers and service providers from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (A) Customers; and/or (B) third parties as a result of (i) your breach of these Terms or the documents referenced herein, (ii) acts or omissions of Customers, (iii) your violation of any law (including without limitation data protection laws) and/or regulations, and/or of the rights of a third party, or (iv) your use of the Website.
19.1. Governing Law and Jurisdiction. These Terms (including without limitation its validity and formation) shall be governed by, and construed in accordance with, the laws of the State of Israel without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to these Terms and are hereby disclaimed. Any dispute arising under or relating to these Terms shall be subject to the sole and exclusive jurisdiction of the competent courts located in Tel Aviv, Israel and the parties hereby expressly consent to jurisdiction therein. Notwithstanding the foregoing, each party reserves the right to seek injunctive relief in any court of competent jurisdiction.
19.2. Assignment. MST may assign these Terms (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. These Terms are personal to you, and you shall not assign (or in any other way transfer) these Terms (or any of its obligations or rights hereunder) without MST’s express prior written consent. Any prohibited assignment shall be null and void.
19.3. Third Party Software. The Service may include third party software components that are subject to open source and/or pass-through commercial licenses and/or notices (“Third Party Software” and “Third Party Software Terms and Notices”, respectively). If there is a conflict between any Third Party Software Terms and Notices and these Terms, then the Third Party Software Terms and Notices shall prevail but solely in connection with the related Third Party Software. Notwithstanding anything to the contrary, MST does not make any undertakings, representations, warranties, guarantees, conditions, indemnities or other commitments with respect to Third Party Software.
19.4. Customer Reference. You acknowledge and accept that MST has the right to use your name and logo to identify you as a customer of MST or user of the Service, on the Website, marketing materials or otherwise by announcements on social media.
19.5. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of these Terms shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted or reformed (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
19.6. Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
19.7. Relationship. The relationship of the parties is solely that of independent contractors. Nothing in these Terms shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.
19.8. Force Majeure. MST shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond MST’s reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Service shall not be deemed within MST’s reasonable control.
19.9. Amendment. The parties hereby acknowledge and agree that the Terms may be amended from time to time at MST’s sole discretion.
updated December 2020