Terms & Conditions for McDonald’s Philippines Online Services

Last updated: 9 June 2017

IMPORTANT:PLEASE READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS (“Terms”) CAREFULLY.

By accessing or using the pages in www.mcdostripesrun.com.ph or any other world wide website owned, operated, licensed, or controlled by Golden Arches Development Corporation (“GADC,” “McDonald’s Philippines,” “we” or “us”) and/or installing, accessing, or using any mobile applications (e.g., Apple iOS and Android OS devices and any updates, upgrades, and any other software or documentation which enables you to use such mobile application) mobile websites, email newsletters and subscriptions, and other digital properties on which these Terms shall apply (collectively, the “Online Services”) you agree to these Terms or any amendment that we may introduce from time to time. By accepting these Terms, you also understand and consent to McDonald’s Philippines Privacy Policy, which is incorporated into, and made part of these Terms.

At McDonald’s Philippines, we strive to do everything we can to respect the trust customers have in our brand and our commitment to your privacy is no exception. We are committed to protecting and safeguarding consumer privacy on the internet, especially for children. The Online Services are not intended to be used by, or targeted to, anyone under twelve (12) years old. You must at least be 12 years old to use the Online Services. If you are at least 12 years old but not yet eighteen (18) years old, then you must review these Terms with your parent or guardian and thy must understand and agree to these Terms in order for you to use the Online Services.

If you or your parent or guardian do not agree to these Terms, then you must immediately stop using the Online Services and request McDonald’s Philippines to close any Online Services account that you have created. You may direct all requests for account/information deletion through the Contact information provided below. By the access and/or use, and the continued access and/or use by you or your child of the Online Services, you are assumed to have given your consent and permission as a person aged 18 years old and above for such continued access and/or use, and are deemed to have agreed to the Terms.

About the Online Services.

Where applicable. While the Online Services may be accessible from other parts of the world, the products and services described or featured in the Online Services are available only in the Philippines. Except as described otherwise, all materials in the Online Services are made available only to provide information about GADC or McDonald’s Philippines, including our products or services. McDonald’s Philippines controls and operates the Online Services from its headquarters in Makati City, Philippines and makes no representation that these materials are appropriate or available for use in other locations. If you use the Online Sercices from other locations, you are responsible for compliance with applicable local laws.

Obey all traffic and safety laws. Whenever you use the Online Services, you agree to obey existing traffic and safety laws and rules and regulations, especially those relating to the responsible use of mobile or communication devices while driving.

You are responsible for devices, software, internet access, and accounts. In order to use the Online Services, you are required to have a compatible device, software, and internet access. While the version of the Online Services may be upgraded from time to time to add support for new functions and services, McDonald’s Philippines does not represent herein nor guarantee that the Online Services will be compatible with all operating systems, devices, or software. You are also responsible for any messaging and data charges, fees, and taxes for your use of the Online Services, including when we communicate with you by text, email, or other means. You may only use the Online Services with devices that you own or control and using only the authorized operating system applicable to your device. If you create an Online Services account, you are responsible for keeping the account secure, updating or maintaining accuracy of all information, and for all activities under such account.

Availability of the Online Services. McDonald’s Philippines will use reasonable efforts to make the Online Services available at all times. However, you acknowledge that the Online Services is provided over the internet and so the quality and availability of the Online Services may be affected by factors beyond the McDonald’s Philippines’ control. McDonald’s Philippines, its subsidiaries, affiliates, and franchisees do not accept any responsibility whatsoever for the availability or reliability of the Online Services, or for any difficulty or inability to download or access content or any other communication system failure which may result in the Online Services being unavailable, or for any effect that the Online Services and/or its use may have on any device. You further understand and agree that McDonald’s Philippines does not guarantee any support or maintenance for the Online Services.

Responsible Use of the Online Services. You must follow these Terms whenever you use the Online Services. You may use the Online Services only as may be permitted by existing laws. Possible evidence of use of this Online Services for illegal purposes will be provided to law enforcement authorities.

All materials/content found in our Online Services may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without our prior written consent EXCEPT you may download one copy of these Terms and McDonald’s Phillippines Privacy Policy on one computer for your personal, non-commercial, home use only. You may not delete or change any copyright, trademark, or other proprietary notices which may be incorporated in these Terms and McDonald’s Philippines Privacy Policy. Modification or use of these Terms and McDonald’s Philippines Privacy Policy for any other purpose violates McDonald’s Phillippines intellectual property rights.

When an Online Service requires or includes downloadable software, the software, including all files or images contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by McDonald’s Philippines, it being understood that such license shall be personal, worldwide, royalty-free, non-assignable, non-exclusive, and revocable. This license is for the sole purpose of enabling you to use and enjoy the Online Services. The Software may be updated by us automatically on your device once a new version, function, or service is available.

Neither title nor intellectual property rights are transferred to you but remain with McDonald’s Philippines who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. You will not, nor will you request, engage, induce or otherwise make another person, juridical or otherwise, allow, consent to or otherwise agree with third persons, juridical or otherwise, to (i) make and/or distribute copies of the Online Services and Software (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Online Services and Software; or (iii) create derivative and/or related works of the Online Services and Software of any kind whatsoever.

We reserve the right to suspend any Online Services account or prevent you from using our Online Services if you do not comply with these Terms or if you are suspected of misusing the Online Services. We also reserve the right to investigate complaints or reported violations of these Terms and to take any action that McDonald’s Philippines deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or third parties.

Right to update or terminate the Online Services. You understand and agree that McDonald’s Philippines may update, modify or terminate the Online Services (including any feature, functionality or your access) from time to time, with or without notice to you. You hereby agree that McDonald’s Philippines may push updates to your device where any Online Service is used or installed. Upon any termination, all rights and licenses granted to you herein shall automatically and immediately terminate, and you must cease all use of the Online Services. However, these Terms shall continue to apply to your prior use of the Online Services. Upon termination, all rights of McDonald’s Philippines, including all intellectual property rights, proprietary rights, and licenses in these Terms shall survive, as well as all restrictions on use, limitations of liability, and disclaimers.

Independence of Franchisees. While GADC operates and controls the Online Services, it is not responsible for the operation of ALL McDonald’s restaurants in the Philippines. Many of the restaurants are instead owned and operated by independent franchisees and/or GADC’s subsidiaries (each, a “Restaurant”). Each Restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to any food orders, supplies, and services, and for any employment-related matters in the Restaurant.

1. Our information practices and communications with you.

McDonald’s Philippines Privacy Policy. We value your privacy and protect your personal information. Any personal information you supply to McDonald's Philippines when using the Online Services will be used by McDonald's Philippines in accordance with our McDonald’s Philippines Privacy Policy. By using the Online Services you hereby consent to the use by McDonald's Philippines, our subsidiaries, affiliates, franchisees or other trusted businesses or persons who process the information for us (the “Data Users”) of your personal information, and any other information supplied by you in, or acquired by us through your use of, the Online Services. You understand that by using the Online Services, you provide express consent for our authorized Data Users to use any information you supply for purposes of tracking and performing analytical services or functions relative to the use of the Online Services, completion of transactions done through the Online Services (including but not limited to, verification of data for purposes of delivery of products, and in-site notifications or “pop-ups”) and marketing programs and information that you opted to receive (including but not limited to raffle contests, discount coupons, new product information, and the like), transactional and other messages. The McDonald’s Philippines Privacy Policy explains how your personal information is collected, used, and disclosed in relation to the Online Services. While McDonald's Philippines always strives to require third parties with whom it has agreements, to comply with McDonald's Philippines Privacy Policy and any other pertinent Data Privacy Laws, regulations or policies, you acknowledge that McDonald's Philippines shall not be responsible for any violation of policy, nor for actions, omissions or negligence of any third party and agree to hold harmless McDonald's Philippines, its officers, directors, or employees for any claim arising from such violation.

How we communicate with you. You may opt to receive emails, text messages or push notifications from McDonald’s Philippines. When you opt in to any of these types of communications, you understand and consent that you will receive marketing, transactional, and other messages from McDonald’s Philippines.

Opting out of communications, generally. You may opt out of communications at any time and may manage such preferences through the Online Services or through our Customer Care writeus@ph.mcd.com. In addition, email and text messages that you may receive from us will also allow you the opportunity to opt out. However, you understand and agree that you may need to separately manage your communication preferences for each Online Service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications is to close, disable, or delete your Online Services account. Lastly, please note that McDonald’s Philippines cannot control communications sent directly by each Restaurant, in which case, you will need to opt out from them directly.

2. Product Orders and Related Matters.

This section applies to orders you may place using the Online Services.

Direct purchase from Restaurants. When you order any product using the Online Services, you understand that you submit orders directly to a participating Restaurant and the contract for supplying the products will be between you and the Restaurant that accepts your order. The Restaurant where you collect your products is responsible for preparing the products and providing them to you. YOU UNDERSTAND AND AGREE THAT MCDONALD’S PHILIPPINES, ITS SUBSIDIARIES, AFFILIATES, OTHER FRANCHISEES, AGENTS, REPRESENTATIVES, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES DO NOT HAVE ANY RESPONSIBILITY ARISING OUT OF OR RELATED TO ANY PRODUCTS THAT YOU PURCHASE DIRECTLY FROM RESTAURANTS.

Products featured in the Online Services. All products are subject to availability. Some Restaurants, including the Restaurant nearest your location, may not carry all of the products featured in the Online Services. 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 to your device’s display of colors or factors such as ingredients used, the suppliers, the region of the country, and the season of the year.

Ordering the products. Orders received via the Online Services shall be assigned or routed to the Restaurant nearest your location. However, McDonald’s Philippines reserves the right to change the Restaurant assigned to fulfill your orders for any reason.

Paying for the products. You may choose your payment method, either cash on delivery or by way of cashless modes of payment (such as, but not limited to: e-wallet, mobile wallet, credit, debit, or prepaid cards, net banking, UPI apps, etc). You understand that McDonald’s Philippines uses third party providers to securely store your cashless payment mode information and to process your payments. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT AGE AND HAVE ALL LEGAL RIGHTS TO USE THE CASHLESS PAYMENT MODE IN ANY TRANSACTION.

You understand and agree that notwithstanding the receipt of any order confirmation, whether via electronic mail, facsimile, phone call or otherwise, the delivery of your order by McDonald’s Philippines or of any Restaurant and receipt of the payment corresponding to the same, shall constitute the sole act of final acceptance by McDonald’s Philippines/Restaurant of such order. Please note that you may be required to verify any information prior to the acceptance or delivery of any order. 

Availment of senior citizen/PWD discount. If you are a senior citizen/PWD, you understand that the Online Services is not yet equipped with a functionality which will allow you to avail of your senior citizen/PWD discount when submitting product orders through the Online Services. Thus, if you wish to avail of your senior citizen/PWD discount, you may call 86-2-36 (or 02-86-2-36 for mobile users) for assistance.

3. Ownership and Licenses for the Online Services.

Intellectual property ownership. All trademarks, copyright, database rights, and other intellectual property rights of any nature in the Online Services, including all information, data, text, sound, visuals, arrangement thereof, particularly, the “McDonald’s”, “Golden Arches” “McDo”, “McDelivery”  etc., together with the underlying software code (the “Properties”) are owned by or licensed to GADC. You are allowed use, such as viewing, downloading, posting, of any of Properties only in connection with or relative to the use of the Online Services and only for purposes of activities and promotions of GADC. No other right to use, such as to print, download extracts or elements of the Properties, edit, reproduce, publish, display, store, commercially exploit, etc., any of the said Properties shall be deemed to have been or construed as having been given other than as specified herein without the written consent of GADC.

GADC hereby grants you a worldwide, non-exclusive, non-assignable, royalty-free, and revocable license to use the Online Services for your personal use only in accordance with these Terms. You understand that no other licenses or rights are granted to you by implication or otherwise, except for the licenses and rights that these Terms expressly grant you.

Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Online Services, are distinctive and protected trademarks or trade names of GADC 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.

4. Limitations on liability and disclaimers.

Limitations on liability. McDonald's Philippines will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. You understand and agree that McDonald's Philippines will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, errors, omissions, or other inaccuracies in the Online Services and/or materials or information downloaded through the Online Service, whether based on breach of contract, tort (including, negligence), product liability or otherwise and even if McDonald's Philippines or an authorized McDonald’s representative has been advised of the possibility of such damages. In no event will McDonald’s Philippines be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages (including, but not limited to, damages for loss of profits, business interruption, loss of data, programs or information and the like) of whatsoever kind arising out of your use or access to the Online Services, whether or not in the contemplation of the parties. You understand and agree that any claim attributable to McDonald's Philippines or an authorized McDonald’s representative, including all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access the Online Services.

Disclaimers. The material in the Online Services could include technical inaccuracies or typographical errors. McDonald’s Philippines reserves the right to amend or withdraw the Online Services in accordance with these Terms, at any time and for any reason, subject to any limitation as may be provided by law or regulations. THE MATERIALS IN THE ONLINE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MCDONALD’S PHILIPPINES DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCDONALD’S PHILIPPINES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCDONALD’S PHILIPPINES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MCDONALD’S PHILIPPINES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

External links. The Online Services may be linked to other links or sites which are not maintained by McDonald’s Philippines. McDonald’s Philippines is not responsible for the content of those external sites. The inclusion of any link to the Online Services does not imply endorsement by McDonald’s Philippines of the sites. The Online Services may also contain downloadable materials from these external sites. McDonald’s  Philippines is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that McDonald’s Philippines cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Online Services, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. NEITHER MCDONALD’S PHILIPPINES OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES OR EXTERNAL LINKS, SITES OR SOFTWARE.

Events beyond our control. You understand and agree that McDonald’s Philippines does not have any responsibility for its failure to perform any of its obligations under these Terms caused by or related to any event beyond McDonald’s Philippines’ reasonable control. If such event occurs, then McDonald’s Philippines’ obligations under these Terms will be suspended for the duration of the event.

5. Submissions and User Submitted Content.

User submissions. McDonald's Philippines welcomes comments and suggestions regarding the Online Services.  Please note, however, that McDonald's Philippines does not accept nor consider creative ideas, suggestions, inventions, or materials other than those which it has specifically solicited or requested.  If you submit feedback regarding the Online Services, please be specific in your comments and do not submit creative suggestions, ideas, inventions, or other content or information (“User Submission”). For the avoidance of doubt, User Submission expressly excludes those relating to your personal information which is protected by Data Privacy Laws and shall be collected, used, and retained in accordance with McDonald’s Philippines Privacy Policy.

You understand and agree that User Submission shall become the property of McDonald's Philippines. Moreover, User Submission, and any content or element contained in these User Submissions shall not be subject to any obligation of confidentiality on McDonald's Philippines, other than as may be limited by law, and McDonald's Philippines shall not be liable for any use or disclosure of any User Submission. McDonald's Philippines shall own exclusively all rights to the User Submission and shall be entitled and have the right to the unrestricted use of the User Submission for any purpose whatsoever, without compensation to you or any other person. Nothing herein creates any obligation on McDonald's Philippines to use any User Submission. Some information submitted through or in the Online Services may not be retained after a certain period. Therefore, the above right to use User Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you have full responsibility for the User Submission, including but not limited to its legality, reliability, appropriateness, originality, and copyright.

6. Social Media Warning (Divulgence Of Personal And Private Information).

Social media provides a platform for users connected to the internet to disclose personal information whether intentionally or unintentionally.  By linking your social media account to the Online Services, you are solely responsible for any information you share on your social media account. You are hereby warned to ensure that you do not inadvertently post any information that you do not wish to share in your social media account.

7. Miscellaneous.

Dispute Settement. You understand and agree that any dispute arising from these Terms shall be submitted to the proper courts of Makati City, Philippines. All other venues are hereby expressly excluded.

Governing laws. Notwithstanding any principles of conflicts of law, these Terms will be governed and be interpreted pursuant to the laws of the Republic of the Philippines.

Severability. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Non-waiver. If McDonald’s Philippines fails to insist that you perform any of your obligations under these Terms, or if McDonald’s Philippines does not enforce its rights against you, or delays in doing so, that will not mean that McDonald’s Philippines has waived its rights against you and will not mean that you do not have to comply with these obligations.

Entire Agreement. This is the entire agreement between you and McDonald’s Philippines relating to the use of the Online Services. 

How to contact us. If you have any questions about the Online Services, our promotions, and these Terms, please contact us at: 

GOLDEN ARCHES DEVELOPMENT CORPORATION
16th-18th Floors, Citibank Centre Building
8741 Paseo de Roxas Avenue
Makati City, Philippines
Or send an email to:  Customer Care at writeus@ph.mcd.com.