These terms and conditions relate to the use of the mcdonalds.com/ca website (the “Site”) and the mobile application (the “App” OR “McDonald's App”) offered by McDonald’s Restaurants of Canada Limited (“McDonald’s”) (collectively the Site and the App are referred to as the “Application”, and the installation, access or use of the Application, any websites, mobile applications, email newsletters and subscriptions, and other digital properties on which these terms and conditions are posted or referenced are collectively referred to as the “Online Services”).
By downloading, installing, accessing or otherwise using the Online Services, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, you should not download, install, access or otherwise use the Online Services. These terms form a legal agreement between you and McDonald’s (the “Agreement”). This Agreement contains provisions that limit the liability of McDonald’s.
FRANCHISED RESTAURANTS
Independent franchisees own and operate many McDonald's restaurants in Canada. While McDonald's operates and controls the Online Services, each franchisee is solely and independently responsible for its legal and regulatory compliance concerning the day to day operations of their businesses, including: any issues relating to the supply of the products, customer relations, and any employee related matter in their restaurant.
DO NOT USE THE ONLINE SERVICES WHILE DRIVING
Obey the rules of the road: Whenever you use the Online Services, please obey the rules of the road. YOU MUST NOT USE THE ONLINE SERVICES WHILE DRIVING OR WHILE BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK.” You should only use the Online Services when it is lawful and safe to do so.
ELIGIBILITY FOR USE
The Online Services may only be used by individuals aged fourteen (14) years or older.
LICENSE, SECURITY, COMPATIBILITY & USAGE COSTS
License: McDonald’s grants you a personal, non-exclusive and non-transferable license to install and use the Application on devices you own or control pursuant to these Terms. The App is only licensed for use on devices owned or controlled by you that are running an operating system for which they were designed. You are entitled only to the limited use of the Online Services granted to you in these Terms. You will not take any action to jeopardize, limit or interfere with McDonald’s and/or its licensor’s rights.
You may not: decompile, reverse engineer, disassemble, otherwise convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert, the Application to a human perceivable form; make copies of the Application; distribute or republish, upload, post or transmit the Application in any way; resell, rent, lease or lend the Application; or transfer the Application or these Terms to any third party.
You are NOT permitted to use the Online Services to:
i. Gain unauthorized access to McDonald's, including but not limited to using this Application to interrupt, destroy or limit the functionality of the Online Services, McDonald's servers, and/or McDonald's networks;
ii. Engage in unlawful or illegal activity;
iii. Launch automated systems such as “robots”, “spiders”, etc.;
iv. Collect or harvest personal information;
v. Impersonate any person or misrepresent your identity; and/or
vi. Infringe the rights or threaten the safety of any person.
Possible evidence of use of the Application for such purposes will be provided to law enforcement authorities.
Security: You are responsible for your devices and account(s). You are responsible for using a unique password for each account associated with the Online Services, and for maintaining its strict confidentiality. You are not permitted to share access to your account(s) with any other person, and you are responsible for any activity under your account. If you become aware of any unauthorized access or use of your account or password or any other breach of security associated with the Online Services, you agree to immediately contact McDonald’s Guest Contact Centre to help us secure your account. You agree to provide accurate and keep up-to-date information associated with your account(s).
Compatibility & Usage Costs: You are responsible for any devices, software and services needed to use the Online Services. McDonald’s does not guarantee that the Online Services will fully function on any particular device or with any particular software. You are responsible for any messaging and data charges, fees and taxes associated with your use of the Online Services, including when your download or access the Online Services and when we communicate with you by text, email or other means that you choose.
PERSONAL INFORMATION
Information that may identify you (“Personal Information”) will be collected in connection your use of the Online Services. The McDonald's Privacy Policy describes our information practices, including how we collect, use and share information. Any questions regarding your privacy and Personal Information should be directed to:
Mail:
Privacy Manager
1 McDonald’s Place
Toronto, Ontario, Canada M3C 3L4
Email: privacymanager@ca.mcd.com
Phone: 1-888-424-4622, seven (7) days a week, from 8:30am to 8:30pm Eastern Time (“ET”) and ask to leave a message for the Privacy Manager.
LINKS TO JOB OPPORTUNITIES
McDonald's and its independent franchisees are equal opportunity employers committed to diverse workforces. Behind our People Vision stands our absolute commitment to respect and recognize our people, to support their personal growth and education, to instill leadership and dedication, and to provide them with the best working environment possible. We continue to believe in and reaffirm our long-standing policy of providing fair and equal opportunities for all employees and prospective employees. McDonald’s and its independent franchisees are committed to providing suitable accommodation in a manner that takes into account needs due to disability.
Online Services may provide links to job opportunities posted by corporately owned or franchised restaurants on third party sites. These opportunities are specific to a particular restaurant and employer. This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements, hiring decisions, and all other employment related matters. McDonald’s and its parent company do not control whether you receive an interview or are hired at a franchised restaurant. McDonald's and its parent company also do not control franchisees’ employment policies and practices. Neither McDonald’s nor its parent company employs independent franchisees. If you are hired by a franchised restaurant only that franchisee, and not McDonald’s or its parent company, is your employer.
OUR COMMUNICATIONS WITH YOU
You can choose how we communicate with you
You have the choice to receive communications from McDonald’s through email, text messages and/or push notifications. You can change your communication preferences at any time:
· Email: You can unsubscribe from our email messages by clicking the “unsubscribe” link at the bottom of each message. If you choose to unsubscribe from our email messages, be aware that you may still receive certain important notices (e.g. contest prize-related communications, account-related and transactional messages).
· Text messages/SMS: You can reply STOP to any of our text messages to unsubscribe.
· Push Notifications: You can change your device settings (usually through the “Notifications” setting) to stop receiving push notifications.
Changing your preferences for one channel does not change them for other channels. If you have any questions about how to manage your communications preferences, you can contact McDonald’s Guest Contact Centre by calling 1-888-424-4622 seven days a week from 8:30am to 8:30pm ET or visit Contact Us (www.mcdonalds.ca).
Please note that if you are receiving communications from a McDonald’s franchisee, then you will need to opt-out from them directly.
ONLINE SERVICES - PLACING ORDERS FOR RESTAURANT PICK-UP
We may offer our guests a convenient way to place orders for our products from wherever they have internet access, in areas and on technology platforms where this service is available. This section applies to orders you place using the Online Services.
Independent businesses own and operate many restaurants: While McDonald’s operates and controls the Online Services, we are not responsible for the operation of most restaurants. Most restaurants are instead owned and operated by independent franchisees of McDonald’s. Each restaurant is solely and independently responsible for its legal and regulatory compliance, including for any issues relating to the supply of products to you. Not all restaurants may choose to make their products available via online ordering.
· You purchase products directly from restaurants: When you place an order online, while McDonald’s provides the Application through which you place your order and through which your payment is collected, McDonald’s performs these services on behalf of the owner of the participating restaurant to which you submitted your order. The contract for supplying the products you requested at the agreed upon prices will be between you and the restaurant that accepts your order and fulfills it (either through pickup or delivery).
· About the products in the Online Services: All products are subject to availability at the restaurant where your order is placed. Some restaurants do not sell all products. Images of products and packaging on the Online Services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colours or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.
· About online prices: Each restaurant independently determines its own prices and independently applies any taxes and fees. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you in the restaurant, please contact the McDonald’s Guest Contact Centre by calling 1-888-424-4622 seven days a week from 8:30am to 8:30pm ET or visit Contact Us (www.mcdonalds.ca).
· Registration & payment: Online ordering requires that you register for and activate an account through the Online Services and that you register a payment method (e.g. a credit card, Apple Pay, Google Pay). You represent and warrant that you are of sufficient age and have all legal rights to use any Payment Card you register. You may need to enable location services on your device in order for ordering to function properly. McDonald’s uses third-party providers to securely store your payment method and process your payments. When you register a payment method, McDonald’s, through a third-party payment processor, may process an authorization using your payment method to verify that it is valid. By registering your payment method, you represent and warrant that you are entitled to use the payment method you register.
· Placing an order: You can use the Online Services to create your order and send it to a participating restaurant that you select for pickup. Your payment card will not be charged until you check in at a restaurant. Orders must be collected in person from the restaurant. You can check-in at any participating restaurant, even if you selected a different restaurant when you built your order. If you check-in at a different participating restaurant than you originally selected, your updated order total at check-in may have resulted from changes in products, pricing, taxes or fees required by law, the unavailability of certain products, changes in price, or other reasons. Due to such updates, you will be prompted to check-in again. When you complete your check in, you authorize McDonald’s to charge your order total (including an updated total) to your chosen payment method.
· Cancelling your order and refund requests: You have the ability to update or abandon your order for pickup at any time until you check in your order at a restaurant. However, once you complete your check in at a restaurant, you cannot cancel it. If you would like a refund for any reason, including if the products are unsatisfactory or other reasons, please contact the McDonald’s Guest Contact Centre by calling 1-888-424-4622 seven days a week from 8:30am to 8:30pm ET or visit Contact Us (www.mcdonalds.ca).
ONLINE SERVICES – PLACING DELIVERY ORDERS ON THE McDONALD’S APP
In certain geographical areas, you can place a delivery order via the McDonald’s App (“Delivery” or “Delivery Program”). The delivery option may be displayed to you in the App even in geographical regions where the Delivery Program is not available. You understand and agree the Delivery Program is considered part of the Online Services under the Terms. The Terms apply when you participate in the Delivery Program.
For clarity, these Terms do not apply to McDonald’s delivery orders made through a third party application or website, including DoorDash, Skip or Uber. If there is an issue or question concerning such third party orders, proceed to contact those parties directly.
· Placing a Delivery Order on the McDonald’s App: This section applies to any delivery order you place on the App (“Delivery Order”). The purpose of the Delivery Program is to provide guests with a convenient way to place Delivery Orders through the McDonald’s App. In addition to the personal information provided at the time of your registration (name and email address), you will be required to provide your delivery address and phone number to participate in the Delivery Program. Unlike other Online Services, the restaurant fulfilling the Delivery Order will be assigned (not selected by you) based on a number of different factors, including your delivery address. Delivery Orders are subject to both monetary and item limits that may be modified by McDonald’s at its sole discretion from time to time. As of the date of these Terms, Delivery Orders are subject to a twenty (20) item and $75 limit.
· Third Party Delivery Provider: In Canada, all Delivery Orders are fulfilled by DoorDash Technologies Canada Inc. (“DoorDash” or “Third Party Delivery Provider”), which supplies the in-App tracking webview, customer relations support and delivery couriers. Please contact DoorDash at 1-833-510-0332 for any questions, request for refunds or concerns related to your Delivery Order.
· Sharing of Personal Information: McDonald’s will share your information with the Third Party Delivery Provider for the purpose of fulfilling your Delivery Order. Such information will be subject to McDonald's Privacy Policy and/or the Third Party Delivery Provider’s privacy policy, if applicable.
· Eligibility and Enrollment in Delivery Program: You must register an Online Services account to participate in the Delivery Program. Before you submit a Delivery Order, you must register a credit card or debit card (“Payment Card”) to complete your Delivery Order.
· Registering Your Payment Method: Third party providers securely store your Payment Card and process your payments. You understand and agree that, when you register a Payment Card, McDonald’s or its third party providers may verify that the Payment Card you registered is valid, including by authorizing a low-value temporary charge. The McDonald’s restaurant assigned to fulfill the delivery order is the merchant of record for all Delivery Orders. You do not make your purchase until you select ‘Place Order’, and your Payment Card will be charged upon clicking ‘Place Order’. You represent and warrant that you are of sufficient age and have all legal rights to use any Payment Card you register. When you select ‘Place Order’ you authorize the restaurant to process your Delivery Order. The payment service provider will process your order total amount (including all products, fees, taxes, and any DoorDash Courier tip) to the Payment Card you selected. You own the products after they have been delivered to you by DoorDash.
· Third Party Delivery Provider Responsibilities: You acknowledge and agree that DoorDash is responsible for collecting the Delivery Order from the restaurant, providing the delivery services, and providing customer support for delivery orders, questions, requests for refunds, and concern relating to your Delivery Orders. Delivery couriers are not employees of McDonald’s or McDonald’s franchisees. Delivery couriers are independent contractors of DoorDash Technologies Canada Inc. and DoorDash is responsible for their couriers. Any comments or concerns relating to a DoorDash courier should be directed to DoorDash at 1-833-510-0332.
· Delivery Order Pricing: Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Prices for Delivery Order items may be higher than the prices for the same items for pickup in the restaurant. Certain offers and pricing may not be available for all orders at all locations. Item prices may be different if the restaurant assigned to fulfill your delivery order changes or if you change your order fulfillment method. Updated order totals can result from the unavailability of certain products, changes in price, or for other reasons. Delivery Orders are subject to a delivery fee, service fee (calculated from post-discounted subtotal), small basket fee (when applicable), and any taxes and fees required by law. Whether the Small Basket Fee applies, is determined on the amount of the post-discounted subtotal. Fee prices may be different if the restaurant assigned to fulfill your delivery order changes. In the event you discover an error in the price charged to you, please contact DoorDash at 1-833-510-0332 for any questions, request for concerns related to your Delivery Order.
· Earning and redeeming MyMcDonald’s Rewards on Delivery Orders: You can earn points and redeem rewards on eligible Delivery Orders if the MyMcDonald’s Rewards program is available to you. The following are not considered qualifying purchases for Delivery Orders and will not accrue points: taxes and fees required by law, bag, cup and bottle fees or deposits, delivery fee, service fee, small order fee, and DoorDash courier tip. If you cancel your Delivery Order before a DoorDash courier is assigned, you will not earn any points and any rewards redeemed will be returned as an active reward. If you receive a full refund for your Delivery Order, you will not earn points on that order. If you receive a partial refund on items that were eligible to earn points on, the respective points earned will be removed. If your refund includes a reward item you had redeemed, the reward will be returned to you as an active reward. During an active bonus campaign, if you receive a partial refund and you earned bonus points on the refunded order, the bonus points and the respective points earned on the refunded portion will be removed from your account.
· Cancelling your Delivery Order, Refunds and Questions. You have the ability to update or abandon your Delivery Order at any time prior to clicking ‘Place Order’. If you would like to attempt to cancel your order after placing your order or you would like to seek a refund for any reason, or if you have any other questions about your delivery order, please contact DoorDash at 1-833-510-0332. Your legal rights in this respect are not affected by anything in these Terms.
OFFERS THROUGH THE ONLINE SERVICES
You may receive offers through the Online Services. The following general terms apply to offers: (1) the offer may only be available through that particular Online Service and for the product shown, subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) unless otherwise stated, only one offer can be redeemed per transaction; (5) offers are not transferable; and (6) there is no cash alternative. In addition, there may be specific terms that apply to the offer that are not stated in these Terms, but are stated as part of the offer itself. Not all offers may be combined with orders.
MYMcDONALD’S REWARDS (CANADA)
Rewards Terms & Conditions
MyMcDonald’s Rewards Program (“MyMcDonald’s Rewards” or the “Program”) is McDonald’s loyalty program in Canada. If you are within the applicable geographical areas, the Program may be available to you. By using the Online Services when the Program is displayed, you agree to participate in the Program as part of your use of the Online Services. These MyMcDonald’s Rewards Terms & Conditions (Canada) (the “Rewards Terms”) apply only if you participate in the Program.
You understand and agree that you have already agreed to the Rewards Terms when you registered and logged into your App account. Although the Rewards Terms are intended to supplement and not to change the Online Services Terms, in the event of a conflict between the Rewards Terms and Online Services Terms that relate to the Program itself, the Rewards Terms will control. In the event of any other conflict between the Rewards Terms and the Online Services Terms, the Online Services Terms will control. All dollar amounts referred to in these Rewards Terms are in Canadian Dollars.
Eligibility and Enrollment
You are only eligible to participate in MyMcDonald’s Rewards if you meet the age requirements for the Online Services. In order to enroll in MyMcDonald’s Rewards, you must register and activate a McDonald's App account. Customers who registered an account prior to the launch of MyMcDonald’s Rewards can enroll in the Program by using the McDonald's App in the geographical area of the Program on or after the launch date of the Program. When you use the McDonald's App outside of the geographical area of the Program, neither the Program nor any points you accumulated in the Program will be available to you. However, they remain available to you once you return to the geographical area of the Program. Once you enroll in the Program, you are not able to collect digital punches in the McDonald’s Rewards program or points in the MyMcDonald’s Rewards Program outside the geographical area of the Program.
How to earn points. Once enrolled in the Program, when you identify your account at the time of purchase, you will earn 100 points for every CAD $1 dollar spent on qualifying purchases. You can identify your account at the time of purchase by any way that we recognize, such as: (a) making a purchase using the Order feature of the McDonald's App, (b) scanning a QR code at a register or kiosk, or (c) giving the code displayed in your account to the restaurant crew person who is taking your order. If you don’t properly identify your account before you complete your qualifying purchase, you cannot earn any points for that purchase.
Qualifying purchases. A “qualifying purchase” means using the McDonald's App to purchase eligible products from a participating restaurant in a manner that properly identifies you as described above. Qualifying purchases where an active reward, mobile offer, or promotional offer is redeemed will accrue points, but you will only accrue points for dollars actually spent in the transaction. Further, unless otherwise stated, the following are not considered qualifying purchases and will not accrue points: (a) when redeeming points for free products; (b) taxes and fees required by law, bag, cup and bottle fees or deposits, delivery fees, services fees, small order fees, delivery tips, and other surcharges or fees; (c) coupon booklets, donations or fundraising purchases (unless tied to a promotion); and (d) McDonald’s gift card purchases or loading money on a McDonald’s gift card (unless tied to a promotion), but when a McDonald’s gift card is used to make a qualifying purchase you will accrue points.
Verifying your points balance. You can check your points balance in your account using the McDonald’s App. Points that you earn may not always immediately post to your account. You are responsible to ensure points from your qualifying purchases are correct. If you believe points from your qualifying purchase were incorrectly calculated, you must notify McDonald’s within six (6) months of the qualifying purchase by providing your receipt to McDonald’s Guest Contact Centre by calling 1-888-424-4622 seven days a week from 8:30am to 8:30pm ET or visit Contact Us (www.mcdonalds.ca). Except where prohibited by law, including in the Province of Québec, McDonald’s has the sole discretion to determine points in your account and McDonald’s has no liability for any delay or failure to correctly credit points to your account.
Exchanging your points for rewards that you choose. You can exchange your points for rewards for free products on the Rewards Menu (each a “reward”), which you can then use at participating restaurants. You must use the McDonald’s App or other Online Services in order to exchange your points for rewards. If you have enough points for a reward, the reward will be unlocked in the Online Services and available for a points exchange. Chronologically, the first points you collect will be the first points unlocked for use. Potential rewards for which you do not have enough points may be displayed but locked. Once you select a reward and exchange your points for it, the number of points for that reward will be temporarily deducted from your account and the reward will be displayed in your account. The reward will temporarily remain in your account until you redeem it for a product, and if you do not, it will be converted back to points. When you redeem the reward for which you exchanged points, the points will be permanently deducted from your account. Unless otherwise stated, you cannot exchange points for more than one (1) reward at a time. When you redeem your reward for a product, you are obtaining that product directly from the participating restaurant, not from other Members of the McDonald’s System. McDonald’s and its parent company, franchisees, agents, representatives, and agencies as well as their officers, directors, and employees are together “Members of the McDonald’s System”.
Other ways to earn and redeem. From time to time, McDonald’s may offer new and different ways for you to earn and redeem points, including bonus campaigns or points accelerators. McDonald’s has the sole discretion to offer, change and terminate the different ways to earn and redeem points, including for example, the points associated with bonus campaigns and accelerators. Sometimes earning and redeeming points may be subject to additional terms disclosed at the time of the offer.
Rewards Menu. McDonald’s publishes eligible rewards in the Online Services and identifies how many points are required for each reward. The Rewards Menu may have multiple reward levels and multiple rewards on each level, which can change from time to time. McDonald’s makes no promise of the continued availability of any reward, even if it is displayed to you in the Online Services. Rewards are available until supplies last at participating restaurants and may be modified, changed and discontinued at any time. Rewards have no cash value.
Point expiration. Points expire on the first (1st) day of the month after the sixth (6th) month from the date such points were earned, except where prohibited by law. Points will be maintained in your account until you exchange your points for a reward, or until they expire, whichever occurs first. If McDonald’s terminates the Program, any unused points in your account will expire and be void when the Program is terminated. Upon termination of your account for any reason (including, but not limited to, whether you choose to close your account or McDonald’s terminates your account for a violation of these Terms), all points that you have accumulated in MyMcDonald’s Rewards will immediately expire.
Your compliance with the Reward Terms. McDonald’s has the discretion to invalidate or void points from your account, or to suspend or terminate your account (both now and in the future), if McDonald’s believes you improperly obtained points, abused the Program or otherwise violated the Terms (including the Reward Terms). In that event, you forfeit any points you have accumulated (including properly obtained points) and you forfeit your right to earn points in the future. Except where prohibited by law, including in the Province of Québec, McDonald’s has the sole discretion to determine your compliance with these Terms.
No rights in points. Points are not property and you have no vested right or interest in points. Points have no cash value. Points are not assignable or transferrable between accounts or otherwise, and points cannot be combined across accounts, regardless of who registered the account.
Changes to MyMcDonald’s Rewards. MyMcDonald’s Rewards can change from time to time. McDonald’s reserves the right, in its sole discretion, to cancel, change, modify or discontinue MyMcDonald’s Rewards, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the Program at any time, with or without advance notice, even though changes may affect points and rewards already in your account.
McDonald’s may make changes to any element of the Program to correct for typographical, printing or other errors and you waive any rights relating to same. Any changes will become effective immediately upon posting the revisions. At all times, you are solely responsible for remaining knowledgeable about and in compliance with these Reward Terms.
Miscellaneous. All rewards offered via the Program are subject to availability. Some participating restaurants do not sell all products offered as rewards. Images of products and packaging of rewards are examples only and may not be identical to the product or packaging you receive from a participating restaurant.
JURISDICTION AND GOVERNING LAW
Unless described otherwise, the Online Services are made available only to provide information about McDonald's and its products and services in Canada. McDonald's controls and operates the Online Services and makes no representation that these materials are appropriate or available for use in other locations. If you use the Online Service from other locations, you are responsible for compliance with applicable local laws. Some software from the Application may be subject to export controls imposed by Canada and/or the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which Canada or the U.S. has placed an embargo. If you download or use the Online Services, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
These Terms are governed by the laws in effect in the Canadian jurisdiction in which you reside. If you do not reside in a Canadian jurisdiction, these Terms will be governed by whichever of the follow applies first:
(1) the laws in effect in the Canadian jurisdiction in which you
(i) placed an order through the Online Services, or
(ii) created your account through the Online Services, or
(iii) entered a contest through the Online Services, or if none of the above apply,
(2) the laws in effect in the Province of Ontario.
DISCLAIMER
THE ONLINE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MCDONALD'S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OF THE ONLINE SERVICES’ CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MCDONALD'S MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE ONLINE SERVICES AND ANY MATERIALS THEREIN ARE PROVIDED "AS IS", ON AN “AS AVAILABLE BASIS”, AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WITH RESPECT TO THE ONLINE SERVICES, MCDONALD'S DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE ONLINE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES, APPS OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE ONLINE SERVICES.
MCDONALD'S DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE ONLINE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCDONALD’S DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST MCDONALD’S FOR DISSATISFACTION WITH THE ONLINE SERVICES OR ANY CONTENT IS TO STOP USING THE ONLINE SERVICES OR ANY SUCH CONTENT.
LIMITATION OF LIABILITY
MCDONALD'S AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. MCDONALD'S AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES, EVEN IF THERE IS NEGLIGENCE ON THE PART OF MCDONALD'S OR ITS AFFILIATES OR WHETHER AN AUTHORIZED MCDONALD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. YOUR SOLE REMEDY AGAINST MCDONALD'S TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL BE FOR YOU TO CEASE USING THE APPLICATION OR ANY SUCH CONTENT. MCDONALD’S LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS ARE RESERVED. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES ALLOW THE LIMITATION(S) OR EXCLUSION(S) OF LIABILITY, INCLUDING IF YOU RESIDE IN THE PROVINCE OF QUÉBEC.
EXTERNAL LINKS AND THIRD PARTY SERVICES
The Online Services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “Third-Party Services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. McDonald's is not responsible for, and has no control over, the content of such downloadable materials or external sites and does not endorse and is not associated with any of these Third-Party Services. You understand and agree that McDonald's cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Application, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
SOCIAL NETWORKING SERVICE LOGIN
We may permit you to login to the Online Services using an account from a Third-Party Service such as Apple ID, Google+ or other social networking platforms in place of creating a new account specifically for the Online Services. McDonald’s has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, from those third parties.
USER SUBMISSIONS AND UNSOLICITED IDEAS
User submissions: Some Online Services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to McDonald’s through the Online Services or otherwise (together, “Submissions”). You understand that by submitting any information to McDonald’s through the Online Services , you grant McDonald's a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the Submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. McDonald’s will not be required to treat any Submissions as confidential.
Unsolicited ideas: It is McDonald’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider McDonald’s, we are unable to review new ideas from outside the McDonald’s system. You expressly waive any and all claims against McDonald’s and all other Members of the McDonald’s System in connection with McDonald’s consideration, use or development of any product, design, concept or other materials similar or identical to your Submission now or in the future.
TERMINATION
McDonald's may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by decommissioning the Online Services. You may terminate these Terms at any time for any reason without notice to McDonald’s by uninstalling the App(s) from your device(s) and ceasing to use our Site.
EVENTS BEYOND OUR CONTROL
NEITHER McDONALD’S NOR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM HAVE ANY RESPONSIBILITY FOR MCDONALD’S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS CAUSED BY OR RELATED TO ANY EVENT BEYOND MCDONALD’S REASONABLE CONTROL. If such an event occurs, then McDonald’s obligations under these Terms will be suspended for the duration of the event and McDonald’s may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these Terms may be performed despite the event.
ENTIRE AGREEMENT
These Terms including any supplements and updates is the entire agreement between the parties relating to the use of the Online Services.
CHANGES
McDonald's may revise these Terms at any time and at its sole discretion by changing these Terms within the Online Services. It is your responsibility to check these Terms periodically for changes. Continuing to access or use the Online Services following such changes to the Terms will constitute acceptance of such changes.
TRADEMARK AND COPYRIGHT INFORMATION
McDonald’s intellectual property ownership: Any and all rights in the Online Services are and shall remain the exclusive property of McDonald’s or its licensors. For purposes of clarity, “Online Services” includes the Application and any and all content on the Application and on the Online Services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the Online Services. The Online Services are licensed, not sold, to you. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with McDonald’s or its licensors’ rights.
Your license to use the Online Services: Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Online Services solely for your own personal, non-commercial purposes and solely in accordance with these Terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. McDonald’s reserves all other rights.
Trademark information: Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Online Services, are distinctive and protected trademarks (registered and unregistered) or trade dress of McDonald’s or its licensors. The Online Services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
The following trademarks used in the Online Services are owned by McDonald’s Corporation and its affiliates:
Aider les enfants. Soutenir les familles.; atoMc design/conception atoMc; atoMc; Au-delà des Arches; Bacon ‘N Egg McMuffin; Beyond the Arch; Big Breakfast; Big Mac Heart Design/conception du Big Mac en forme de cœur; Big Mac; Birdie the Early Bird Design/conception de Zoiso, la lève tôt; Birdie; c’est ça que j’m; ça c’est pour moi; CBO; Chicken McNuggets; Cinnamon Melts; Clinique mobile Ronald McDonald; Create Your Taste;
Create Your Taste–Créez à votre goût Design/conception Create Your Taste–Créez à votre goût; Créez à votre goût; Egg McMuffin; Filet-O-Fish; Fondant à la cannelle; Fry box Design/conception de la boîte à frites; Garder les familles ensemble; Golden Arches Design/conception des Arches d’or; Golden Arches Hockey; Golden Arches; Grand Big Mac; Grand McDon; Grimace and Design/Grosse Douceur et conception; Hamburger University; Hamburglar and Design/Pique-Burger et conception; Happy Meal Box Design/conception de la boîte à Joyeux festin; Happy Meal Box with Smile Design/conception de la boîte à Joyeux festin avec sourire; Happy Meal Heart Design/conception du Joyeux festin en forme de cœur; Happy Meal; Helping kids. Supporting families.; Hockey des Arches d’or; i’m lovin’ it; Joyeux festin; Keeping Families Close; Le 12; les Arches d’or; Love what’s next; M & Design/M et conception; Ma levée de fun; Mac Jr.; MacPoulet; Make Fun Matter; Manoir Ronald McDonald House and Design/Manoir Ronald McDonald House et conception; Manoir Ronald McDonald; Max-matin; McBites; McBouchées; McCafé & Design/McCafé et conception; McCafé Design/conception de McCafé; McCafé; McChicken; McCoco; McCôte; McCrêpes; McCroquettes; McD’s; McDelivery design with Maple Leaf/conception de la McLivraison avec feuille d’érable; McDelivery; McDo; Mcdoetmoi; McDonald’s Building Designs/conceptions des bâtiments McDonald’s; McDonald’s; McDonaldland; McDouble; McEggy; McFlurry; McGriddles; McHappy Day and Design/McHappy Day et conception; McHappy Day; McHomard; McLivraison; McLobster; McMuffin; McNuggets; McPicks; McRib; McTasters; McValeur; McWrap; Mighty Angus; More-Ning; Nos aliments. Vos questions.; Notre recette pour les familles; Œuvre des Manoirs Ronald McDonald House Charities and Design/Œuvre des Manoirs Ronald McDonald House Charities et conception; Œuvre des Manoirs Ronald McDonald; OMRM; On est là pour nos employés; On aime ce qui s’en vient; Our Food. Your Questions.; Our Recipe for Families; ourlounge; Parc Ronald; PlayPlace; Poulet McCroquettes; QPC; Quart de livre; Quarter Pounder with Cheese; Quarter Pounder; RMHC; Ronald McDonald and Design/Ronald McDonald et conception; Ronald McDonald Care Mobile; Ronald McDonald Character Design/conception du personnage Ronald McDonald; Ronald McDonald Family Room; Ronald McDonald House and Design/Ronald McDonald House et conception; Ronald McDonald House Charities & Design/Ronald McDonald House Charities et conception; Ronald McDonald House Charities; Ronald McDonald House; Ronald McDonald; Salle familiale Ronald McDonald; Sausage McMuffin; Shamrock Shake; Smile Design/conception du sourire; Snack Wrap; The 12; Trio Régal; Triple Thick Milkshake; Université de hamburgerologie; Value Picks; We take care of our employees; Works for me; World Famous Fries; Wrap-éclair; Zoiso.
All other trademarks used within the Online Services are the properties of their respective owners.
MISCELLANEOUS
Each of the terms and conditions in these Terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If McDonald’s fails to insist that you perform any of your obligations under these Terms, or if McDonald’s does not enforce its rights against you, or delays in doing so, that will not mean that McDonald’s has waived its rights against you and will not mean that you do not have to comply with those obligations.
McDonald’s may transfer its rights and obligations under these Terms to another organization or entity, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if McDonald’s agrees in writing.
APP UPDATES/UPGRADES
McDonald’s may from time-to-time issue updated or upgraded versions of the App and may (subject to your device settings) automatically electronically update or upgrade the version of the App that you are then currently using on your mobile device. You consent to receive updates or upgrades to the App automatically without providing further consent. The App (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the App description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect Personal Information as set out in our Privacy Policy. McDonald’s will not be responsible if an update or upgrade affects how the App works on your device if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time by uninstalling the App or by contacting us through the McDonald’s Guest Contact Centre by calling 1-888-424-4622 seven days a week from 8:30am to 8:30pm ET or visit Contact Us (www.mcdonalds.ca).
APPLE APP STORE ADDITIONAL LICENSE TERMS
If the McDonald’s App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to these Terms:
· The parties acknowledge these Terms are concluded between the parties, and not with Apple. The responsibility for the Apple Application and content thereof is governed by these Terms.
· Notwithstanding anything to the contrary hereunder, McDonald’s grants you a non-transferable license to use the Apple Application on any Apple-branded products that you own or control.
· You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Apple Application.
· In the event of any failure of the Apple Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
· Any claim in connection with the Apple Application related to product liability, a failure to conform to applicable legal or regulatory requirements or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
· Any third-party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
· You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
Apple is a third-party beneficiary to these Terms and may enforce these Terms against you. If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms was last updated is located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms was last updated is located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
SUPPORT SERVICES
If you have any questions or comments regarding the Online Services, please contact McDonald’s Guest Contact Centre at 1-888-424-4622, seven (7) days a week, from 8:30am to 8:30pm ET or visit Contact Us (www.mcdonalds.ca).
