MCAT King Inc.

Terms and Conditions

 
Agreement between user and MCAT King Inc. and refers to each of the following websites owned and operated by MCAT King Inc.:

 

www.mcatking.com

www.528expert.com

 
The websites listed above (the “Sites”) are comprised of various web pages operated by MCAT King Inc.. The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Sites are educational training and material promotion websites and, also contain educational news and access to training materials for students, parents, teachers/lecturers/professors who are interested in learning about and purchasing the educational services that we offer.

 
Privacy

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Your use of the Sites is subject to MCAT King Inc.’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 
Electronic Communications

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Visiting the Sites or sending emails to MCAT King Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.

MCAT King Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Sites only with permission of a parent or guardian.

 
Links to Third-Party Sites/Third-Party Services

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The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MCAT King Inc. and MCAT King Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MCAT King Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MCAT King Inc. of the site or any association with its operators.

Certain products and services made available via the Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sites domains, you hereby acknowledge and consent that MCAT King Inc. may share such information and data with any third party with whom MCAT King Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of the Sites users and customers.

 
No Unlawful or Prohibited Use/Intellectual Property

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You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites strictly in accordance with these Terms of Use. As a condition of your use of the Sites, you warrant to MCAT King Inc. that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

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All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of MCAT King Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. MCAT King Inc. content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MCAT King Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MCAT King Inc. or our licensors except as expressly authorized by these Terms.

The parties understand and agree that MCAT King Inc. possesses legitimate business interests which justify said restrictions, and that an award of damages would be an inadequate remedy at law should the provisions of this paragraph be violated.  Therefore, it is understood and agreed that should this paragraph be violated or threatened to be violated, MCAT King Inc. will be entitled to seek equitable relief including but not limited to an injunction against any actual or threatened violation

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The Sites never knowingly infringes on a person or organization’s copyright. If you believe that your work has been used or is accessible on any of the Sites in a way that constitutes copyright infringement, you may notify MCAT King Inc. by providing the following information: (1) an electronic/physical signature of a person authorized to act on behalf of the owner(s) of the copyright material that is allegedly infringed; (2) a description of the copyrighted material that you claim has been infringed upon; (3) information sufficient to allow MCAT King Inc. to contact you, including your full mailing address, telephone number, and electronic mail (email) address; (4) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The MCAT King Inc. reserves the right to remove any material from the respective Sites that allegedly infringes another persons’ or organizations’ copyright. MCAT King Inc. agent for notice of claims of copyright infringement can be reached by email at: info@mcatking.com.

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The email MUST be clearly entitled: “COPYRIGHT INFRINGEMENT”.

THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY THAT ACCESS TO THE SITES WILL BE ERROR FREE OR UNINTERRUPTED. FURTHER, THERE IS NO WARRANTY THAT THE INFORMATION ON THE SITES WILL BE ACCURATE, COMPLETE AND/OR RELIABLE. WE DO NOT PROVIDE ANY WARRANTY THAT THE SITES WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL SOFTWARE CODE. MCAT KING INC. HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH THE MCAT KING INC. WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 
Account Security

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Maintaining the security of the Sites is of utmost importance to MCAT King Inc., its subsidiaries, partners and end-users. As a user of the Sites you play a part in maintaining the security and integrity of the Sites. You agree to maintain the confidentiality of the passwords that control access to certain parts of the Sites including but not limited to your own personal tutoring account within any one of the Sites. You are solely responsible for liabilities and all activities that take place within your MCAT King Inc. member account.

 
No Solicitation of Tutors

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During the term of this contract and for two (2) years following termination of same for any reason, you will not directly or indirectly hire any of MCAT King Inc.’s employees or independent contractors, or solicit any of MCAT King Inc.’s employees or independent contractors for the purpose of hiring them or inducing them to leave their employment or contract with MCAT King Inc.; you will not hire any employee or independent contractor of MCAT King Inc. as a tutor; nor will you own, manage, operate, join, control, consult with, participate in the ownership, management, operation or control of, be employed by, or be connected in any manner with any person or entity which engages in the conduct proscribed herein.

The parties understand and agree that MCAT King Inc. possesses legitimate business interests which justify said restrictions, and that an award of damages would be an inadequate remedy at law should the provisions of this paragraph be violated.  Therefore, it is understood and agreed that should this paragraph be violated or threatened to be violated, MCAT King Inc. will be entitled to seek equitable relief including but not limited to an injunction against any actual or threatened violation.

 
Termination

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Either party may terminate this Agreement upon 5 business days written notice.  MCAT King Inc. may terminate without notice upon occurrence of the following: (1) failure to make any payment due to MCAT King Inc.; (2) violation of the provisions of these Terms and Conditions titled “No unlawful or prohibited use/Intellectual Property” and “No Solicitation of Tutors”; (3) any failure to act professionally or properly toward any tutor, or other employee, manager, or independent contractor of MCAT King Inc.  The occurrence of any such act justifying immediate termination of this Agreement shall be in the sole discretion of MCAT King Inc. 

 
Third-Party Accounts

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You will be able to connect your MCAT King Inc. account to third party accounts. By connecting your MCAT King Inc. account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 
International Users

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The Service is controlled, operated and administered by MCAT King Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MCAT King Inc. Content accessed through the Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Fees

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MCAT KING (or its partners) may charge a fee to post or access Content or for other features, products, Service, or licenses. You are responsible to MCAT KING (or its partners) for any fees applicable to Content that you post or other features, products, Service or licenses you purchase or that are purchased through MCAT KING (or its partners) for using or accessing the Website or the Service. You authorize Company (or its partners), or its designated payment processor, to charge your specified credit card, debit card, or other payment methods for such fees as provided through the registration process. 

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• All the credit card payments are subject to a 3% convenience fee.

• There is a $150 Fee Registration fee for repeating an online course. (available only to eligible students)

• All the refunds subject to 5% Administration Fee.

• All the Prerecorded Lectures are prices at $60.

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Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

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Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by MCAT KING (or its partners), or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, MCAT KING (or its partners) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment methods, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

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Indemnification

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You agree to indemnify, defend and hold harmless MCAT King Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MCAT King Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MCAT King Inc. in asserting any available defenses.

 

Arbitration

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In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties.  Venue for said arbitration, or any other legal action brought pursuant to this Agreement, shall be the state and federal courts for Nassau County, New York.  The arbitrators award shall be final, and judgment may be entered upon it in court.

Notwithstanding the foregoing, arbitration is not required for any action by MCAT King Inc. to enforce the provisions of these Terms and Conditions titled “No unlawful or prohibited use/Intellectual Property” and /or “No Solicitation of Tutors”.  Any action to remedy violation of either or both of said sections may be brought in any court of competent jurisdiction.

In the event, any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  This arbitration provision shall survive the termination of these Terms and Conditions.

 
Class Action Waiver

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Any arbitration or other action under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 
Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MCAT KING INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.

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MCAT KING INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MCAT KING INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCAT KING INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MCAT KING INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

 

 

Strong Langue Disclaimer:

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A big part of our classes consists of engaging students and improving their ability to recall the contents taught; thereby some of the content and discussion in this course may contain strong langue. At times the entire concept is built upon scenarios or characters being vulgar and obscene. Some topics may contain especially graphic or intense content that discusses or represents racism or other cases which some individuals may find offensive or inappropriate.

 

 

 
Termination/Access Restriction

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MCAT King Inc. reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Sites. Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MCAT King Inc. as a result of this agreement or use of the Sites. MCAT King Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MCAT King Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by MCAT King Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MCAT King Inc. with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MCAT King Inc. with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 
Changes to Terms

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MCAT King Inc. reserves the right, in its sole discretion, to change the Terms under which the Sites are offered. The most current version of the Terms will supersede all previous versions. MCAT King Inc. encourages you to periodically review the Terms to stay informed of our updates.

 

  

MCAT King Inc. Tutoring Terms

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Note: The MCAT King Inc. Tutoring Terms should be read in conjunction with MCAT King, Inc. Terms and Conditions and Privacy Policy.

A parent or legal guardian of the student must be home for the duration of all tutoring sessions taking place in the home. On request and in agreement with the respective tutor, scheduled in-home tutoring sessions may also take place in a public place such as, a library.

In accordance with the MCAT King Inc. 100% Money Back Guarantee, and our commitment to the quality of our service, any student not satisfied with the quality of tuition received after the first tutoring session is entitled to a full refund of tutoring monies paid or, if agreed, a repeat of the first tutoring session with a new tutor at no extra charge.

100 % Money Back Guarantee – Parent/Guardian of student to notify the company, in writing [via email or US post] within 24 hours of the tutoring session having taken place. First option = a replacement teacher; second option = a full refund. After 24 hours, no refund of tutoring session will be granted. However, any remaining sessions left in the tutoring package will be refunded or the client will have the option to have a replacement tutor.

 
Cancellation of Scheduled Educational Sessions

The MCAT KING relies on the punctuality and consistency of our students in order to continue to provide resources. Unfortunately, our ability to provide these services to students is sometimes hampered when students book appointments with us and then do not arrive for their appointments without formally canceling. When students do not show up for their appointments, other students lose the benefit of scheduling an appointment and we lose our valuable time.

 

To better serve our students, we have adopted both no-show and cancellation policies. All students and clients receiving tutoring will adhere to these policies.  
 

• The student (client) must call/Text or email us at 707-797 7008 or  to cancel or reschedule  24 hours before your appointment. This will provide us with enough time to schedule another student or alumnus/a into your appointment slot.

• "No shows" (students not arriving for a scheduled appointment with no cancellation notice) are subject to the full session fee.  Services for students who are "no shows" will be suspended until their accounts are brought current. 

• If twice you fail to cancel or reschedule an appointment within one business day or miss your appointments, you will lose access to credit based appointment and you will be required to prepay your appointments. Please note: For any further scheduling you are required to prepay for the session in advance.

• All appointments scheduled are for the exact times scheduled. Students who are late for a lesson will not necessarily be able to make up the missed time by staying longer since the tutor will have planned to finish the session at the scheduled time. If the tutor is running late, then kindly understand that your tutor has probably tried his/her best to accommodate earlier students and we appreciate your patience. In this situation, you will receive the full length of time scheduled for your appointment.

 

Fortnightly and Monthly Billing

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MCAT King Inc. offers fortnightly and monthly tuition plans via the automatic PayPal subscription service only. Our fortnightly tuition plans are billed on the 1st and 15th of each month. Our monthly tuition plans are billed on the 1st of each month. Each plan includes a specific number of tutoring sessions as agreed upon by the MCAT King Inc. administration and the student (or parent or legal guardian). Tutoring sessions can last for a minimum of 60 minutes and a maximum of 240 minutes. Students (or parents or legal guardians) will be charged in increments of 15 minutes for any time above the originally agreed and paid for session time. This additional time must be paid for separately or can be deducted from the time of future tutoring sessions. Any unused sessions (or part sessions) expire at the end of each month. For new fortnightly and monthly tutoring plans, MCAT King offers a 100% Money Back Guarantee for the first tuition session only. No refunds will be issued after the first tuition session.

You agree that changes to the price as posted on the Sites including changes in applicable taxes will be automatically billed to you at the start of your month’s (or bi-monthly) billing cycle for pre-payment of the coming month’s (or bi-monthly) tutoring services. MCAT King Inc. is not responsible for local access charges including but not limited to Internet bandwidth charges, telecommunication access fees, mobile text messaging and telephony charges arises from accessing the Sites. Further, MCAT King Inc. is not responsible for any bank or credit card fees, including but not limited to bank overdraft fees, that result from PayPal subscription billing your method of payment as per your educational plan.

 
Termination of Educational Services

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You may cancel your PayPal bi-monthly or monthly subscription to any MCAT King Inc. education service by emailing a cancelation letter to: info@mcatking.com. MCAT King Inc. will confirm the cancelation and your “Cancelation Date” (via the email provided) within five (5) business days of MCAT King Inc. receiving the cancelation letter. In all instances where the user declares to an external agency that a Cancelation of Service was made prior to the date recorded by MCAT King Inc., user will be required to furnish the Cancelation Letter sent to them for verification purposes. In all instances, the copy of the Cancelation Letter associated with the user’s account shall be deemed the authoritative source. It is the user’s responsibility to ensure a Cancelation Date and Cancelation Letter are obtained from MCAT King Inc. within one (1) business day of sending the Service Cancellation Letter.

Note:

1. Prior to cancelation, please review these Terms. In all cases of dispute, these Terms shall prevail.

 

1. Improperly written or incomplete Service Cancelation Letter will not be honoured.

 

1. Refunds are based strictly on our Terms agreement.

 

1. For verification purposes, we ONLY accept cancelation notices by emailing to us a cancelation letter. You cannot cancel your account via phone – no exceptions.

 

1. Within five (5) business days of receiving the Service Cancelation Letter via email confirming the customer’s “Cancelation Date”, and a “Confirmation Code” will be sent to the email provided by the customer. In all cases of dispute, this “Cancelation Date” shall prevail.

 

1. Any recurring billing charges for subscription fees made prior to the “Cancelation Date” are non-refundable. Educational plans are prepaid at the start of the month (or bi-monthly) for the entire month (or bi-monthly) period. M