McDonald’s Card Terms of Use Agreement
This Terms of Use Agreement between you and McDonald’s Restaurants of Canada Limited (“McDonald’s”, “we”, “us”, “our”) sets out the terms and conditions that apply to your pre-paid McDonald’s Card in Canada. Please keep a copy of this Agreement for your records. The use of your McDonald’s Card by yourself or by anyone else who holds your card, constitutes your acceptance of the terms and conditions contained in this Agreement.
Use of Pre-Paid Card for McDonald’s Purchases
Your McDonald’s Card can only be used for the purchase of products sold at participating McDonald’s restaurants in Canada. You can load a dollar value onto your McDonald’s Card and you should treat your McDonald’s Card like cash. The amount that you load onto your McDonald’s Card is a pre-payment only for products sold at participating McDonald’s restaurants in Canada. No credit card, credit line, overdraft protection, or deposit account is associated with your McDonald’s Card. The amount on your McDonald’s Card is non-refundable. Your card cannot be redeemed for cash, unless permitted by this Agreement or otherwise required by law. At no time shall any dividend interest or earnings of any kind whatsoever, be accrued, credited or paid to you on the amounts loaded onto a McDonald’s Card. The amount loaded onto your McDonald’s Card is not insured by the Canadian Deposit Insurance Corporation (CDIC).
McDonald’s reserves the right not to accept, load, reload or re-issue any McDonald’s Card and to otherwise limit the use of a McDonald’s Card if McDonald’s reasonably believes that the use is unauthorized, fraudulent, or otherwise unlawful.
Purchasing, Loading and Reloading Your McDonald’s Card
You can purchase/load and reload your McDonald’s Card at a participating McDonald’s restaurant in Canada or online through mcdonalds.ca. The online component of the McDonald’s Card program, including but not limited to, purchasing/loading, reloading and card-customization functionality, and the shipping and handling of McDonald’s Cards purchased online, may be hosted, managed and administrated by a third-party affiliate of McDonald’s and not by McDonald’s directly.
McDonald’s Cards can only be activated at a participating McDonald’s restaurant. You cannot activate a card online. However, when a McDonald’s Card is purchased online, it will be activated and ready for your use when it is shipped to you. Any amount loaded, whether at a participating McDonald’s restaurant in Canada or online, will appear on your McDonald’s Card immediately. The minimum amount that can be loaded onto a McDonald’s Card is CDN $5.00 to a maximum of up to CDN $100.00. The maximum online amount that can be charged to a credit card is CDN$100.00 per day. McDonald’s may change the maximum or minimum amount that may be loaded onto your McDonald’s Card at any time in its sole discretion, and any changes to these amounts will be posted at mcdonalds.ca.
Card Service Fees and Expiration
McDonald’s does not charge any service fees relating to the issuance, activation or use of your McDonald’s Card. Your McDonald’s Card will not expire.
Receipts and Statements
You will not be sent statements of itemized transactions relating to your use of your McDonald’s Card. You can check the balance of your McDonald’s Card at any participating McDonald’s restaurant in Canada, online at mcdonalds.ca or by calling Customer Relations at 1-866-511-1863. Your McDonald’s Card balance also appears on your receipt when you make a purchase with your card at a participating McDonald’s restaurant in Canada. Please review and retain your receipt from the purchase, loading or reloading of your McDonald’s Card, as this will be required in the event of a dispute relating to a card balance.
Billing Errors, Corrections
McDonald’s reserves the right to adjust and correct the balance on your McDonald’s Card in the event we believe that an administrative, accounting or billing error has occurred. If you have questions regarding any McDonald’s Card transactions or any correction, or if you dispute any transaction or correction that has been assessed against your McDonald’s Card, please call Customer Relations at 1-866-511-1863. McDonald’s shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. Please monitor your transactions and card balances closely.
Liability for Unauthorized Transactions
Your McDonald’s Card should be treated like cash. You will be responsible for all transactions relating to your McDonald’s Card, whether authorized or not. You will not be entitled to a refund of any kind in the event your McDonald’s Card is lost, misplaced or stolen.
Privacy Statement
For information concerning how McDonald’s collects, uses and discloses your personal information as it relates to the McDonald’s Card, please review our privacy statement on mcdonalds.ca or call 1-866-511-1863 to request a copy by mail.
Customizing Your McDonald’s Card
Your customized McDonald’s Card cannot include, incorporate, use or display (and, in using mcdonalds.ca you may not post, email or otherwise transmit) any designs, photos, drawings, words, language or other information or content of any kind whatsoever that:
is obscene, pornographic, vulgar or sexually suggestive;
is violent, profane, deceptive, abusive, menacing, harmful or threatening;
is discriminatory (based on race, colour, religion, gender, sexual orientation, age, national origin, ancestry or physical ability) or ridicules or makes negative reference to certain individuals or groups, including with respect to religion, the mentally or physically disabled, sexual orientation, gender, national origin or ethnicity;
is libelous, defamatory, offensive or inflammatory;
incorporates a celebrity or other famous person's name or likeness, whether such person is living or deceased, including television and movie actors and personalities, musicians and musical performers, fashion and print models, and collegiate and professional athletes and political or religious figureheads;
incorporates the name or likeness of any convicted criminal, or any other notorious individual or image;
depicts, glorifies or makes reference to illegal drugs or drug use or abuse of any kind;
depicts, glorifies or makes reference to any weapons, including firearms;
incorporates any material which infringes any patent, trademark, trade secret, copyright, moral right or other intellectual or proprietary right of any person, firm, corporation or other entity;
is unlawful or would otherwise create liability or violate any local, provincial, state, federal or international law.
Amendments to this Agreement
We may amend the terms or conditions of this Agreement at any time, including any rights or obligations you or we may have. We will post the terms and conditions of the amended Agreement on mcdonalds.ca. As permitted by applicable law, any amendment will become effective at the time we post the amended Agreement on mcdonalds.ca or as otherwise stated in the amended Agreement. Unless we state otherwise, the amendment will apply to your future and existing McDonald’s Cards. You are deemed to accept the amendments if (1) you do not notify us to the contrary in writing within thirty (30) days of the date the notice of amendments is posted on mcdonalds.ca, or (2) you use your McDonald’s Card after such notice is posted.
Suspension or Termination of this Agreement
We may suspend or terminate this Agreement in whole or in part at any time and for any reason or no reason without notice or liability to you, including in connection with the termination of the McDonald’s Card program. If we terminate this Agreement without cause, we will refund or issue restaurant credits equal to the balance held on your McDonald’s Card.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, notwithstanding any conflict of law rules.
Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the McDonald’s Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
Arbitration Procedures
You must first present any claim or dispute to us by contacting our Customer Relations Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the Arbitrations Act (Ontario) as modified by this Agreement. Unless you and we agree otherwise, any arbitration will take place in Toronto, Ontario, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By entering into this Agreement, both you and McDonald’s are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and McDonald’s both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Disclaimers and Limits of Liability
MCDONALD’S MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE MCDONALD’S CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THIS MAY NOT BE APPLICABLE TO YOU. MCDONALD’S DOES NOT REPRESENT OR WARRANT THAT YOUR MCDONALD’S CARD WILL ALWAYS BE ACCEPTED OR THE MCDONALD’S CARD PROGRAM WILL ALWAYS BE ACCESSIBLE. IN THE EVENT THAT MCDONALD’S OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR MCDONALD’S CARD PRIOR TO THE TIME AT WHICH SUCH DAMAGES AROSE. MCDONALD’S AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MCDONALD’S OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A MCDONALD’S CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL. SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Assignment
We may assign all or part of this Agreement without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this Agreement.
Entire Agreement
This Agreement is the complete and exclusive statement of agreement between you and McDonald’s, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.
Questions or Notices
If you have any questions or wish to send us any notice regarding this Agreement or your McDonald’s Card, please visit mcdonalds.ca or call us at 1-866-511-1863.
