MYMACCA’S REWARDS APP – CASTLE HILL CUSTOMER TRIAL



THE APP

1. The mymacca’s Rewards app (App) is owned and operated by McDonald’s Australia Limited (ABN 43 008 496 928) and/or any of its franchisees, affiliates, subsidiaries or related bodies corporate (McDonald’s).

2. McDonald’s may at any time revise these App Terms and Conditions by updating this page. Revisions will take immediate effect and may affect your ability to use the App. As you are bound by the most current version of the App Terms and Conditions, you should periodically check these App Terms and Conditions. Your use of the Application following the posting of any revisions to the App Terms and Conditions by McDonald’s constitutes acceptance of those revisions.

3. The App will continue until such time as McDonald’s decides to terminate the App. McDonald’s reserves the right to change, suspend or terminate this App at any time without prior notice. If McDonald’s terminates the App, you will have until the earlier of the redemption date of the Benefits or ninety (90) days from the date on which McDonald’s announce termination of the App to use all of the Benefits in your Account. After this time, any remaining Benefits will be forfeited without compensation. McDonald’s will not be liable for the suspension or termination of the App on any account whatsoever, including without limitation the forfeiture of any remaining Benefits in accordance with this condition. For the avoidance of doubt, promotions and competitions run externally to the App do not form part of the Benefits, including in circumstances where joining the App is a condition of entry into the promotion or competition. Such promotions and competitions will be run in accordance with their terms and conditions.

HOW TO JOIN

6. To join the App, you must register a mymacca’s account on the App (or, if invited, via another McDonald’s collection channel), either:

a. if you are a new member, by fully and correctly completing and successfully submitting the online registration form in the manner required, including providing your first name, last name, current and valid email address, residential postcode in Australia and nominated password. You may also provide your preferences, nickname and mobile phone number. Following your successful submission of this information on the App (or, if applicable, via another McDonald’s collection channel), you will be sent an activation email from McDonald’s to the email address provided at time of registration and you must click on the link in this activation email in order to activate your registration; or

b. if you have already downloaded and signed up to the Application, by following the prompts on the Website in the manner required to successfully complete their registration to the App,(Account).

7. You must log-in to your Account in order to use the App, receive and redeem Benefits and make Contributions to the App. All information provided in registering your Account must be current, correct and complete. Incomplete or ineligible Account registrations will be invalid. You are only able to register and maintain one (1) Account and the Account must be in your own name. You must not use another member's Account without permission. You are also able to manage your Account via the Website, including changing any of the information provided and deleting your Account.

8. McDonald’s reserves the right to refuse requests to register Accounts in its absolute discretion. Without limitation, this includes but is not limited to refusing requests for log-ins that are the same as or similar to existing log-ins or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and log-ins that infringe copyright, contain brand names, company names, or registered trade marks, contain names of high profile or public figures or names promoting political, religious, social, or economic issues. In creating your Account, you must not intentionally use the name of another living person. McDonald’s will also not accept any request to register an Account that it suspects is being made by or on behalf of a contributor who has been terminated from the App for breach of these Website Terms and Conditions or has been suspended or terminated from another website or mobile application of McDonald’s for vexatious, illegal, or inappropriate behaviour.

10. You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify McDonald's of any unauthorised use of your Account or password or any other breach of security. It is your sole responsibility to ensure that you exit from your Account at the end of each session, to control the dissemination and use of your password, to control access to and use of your Account and to give written notice to McDonald's when you desire to cancel your Account and terminate your membership to the App. McDonald's will not be responsible or liable for any loss or damage arising from your failure to comply with this condition.

BENEFITS

11. McDonald's may conduct surprises, voting polls, promotions, competitions, incentive programs or offers to members of the App from time to time (generally, Offers). By participating in any such Offer, you acknowledge and agree that any terms and conditions of participation in the Offer as stated on the App and/or in any other written communication from McDonald’s to you apply in addition to and form part of these App Terms and Conditions. These App Terms and Conditions prevail to the extent of any inconsistency between them and any Offer terms and conditions.

12. As part of an Offer or generally from time to time, McDonald’s may make various services, rewards, gifts, prizes and/or benefits available to members of the App, which may include food/beverage items, non-food items, and/or promotional offers or information (Benefits). You may be eligible to receive Benefits either as a result of your participation in an Offer conducted within the App, as determined by McDonald’s in its absolute discretion. Benefits may be supplied by McDonald’s or a third party benefit partner (Benefit Partner). The nature, quantity, availability and award of Benefits are in McDonald’s absolute discretion and no correspondence will be entered into.

14. To redeem a Benefit, you must follow the instructions provided by McDonald’s and/or the Benefit Partner at time of award of the Benefit. The method of redeeming Benefits may vary depending on the type of Benefit and the requirements of McDonald’s and/or the Benefit Partner. Benefits may only be redeemed once and all redemptions of Benefits are final. Any and all additional and ancillary costs not expressly stated, but which may be incurred in redemption of a Benefit, are your responsibility. Such additional costs may include but are not limited to your transport to and from a McDonald's restaurant.

15. Benefits are subject to their prevailing or additional terms and conditions of use, including any applicable expiration dates and/or redemption limits. You must redeem the Benefit by the time stated at time of award of the Benefit and if you do not redeem the Benefit by its redemption date, the Benefit will automatically expire and be forfeited without compensation. Limits may also be imposed on the number of Benefits you may redeem at any given time and these limits are stated at time of offer or award of the Benefits and are subject to change from time to time without notice.

16. Redemption of Benefits may be subject to the availability of McDonald’s and/or the Benefit Partner and particular Benefits may not be able to be redeemed at all times and/or may not be available at a particular McDonald’s restaurant (if applicable). To the fullest extent permitted by law and subject to condition 45, McDonald’s accepts no responsibility for any Benefits being unavailable. If any Benefit or any element of a Benefit becomes unavailable for any reason beyond the reasonable control of McDonald’s, McDonald’s reserves the right to award a similar Benefit or Benefit element of equal or greater value.

17. Benefits for food/beverage items (Food Benefits) are valid for the individual food/beverage item stated at time of award of the Food Benefit and cannot be used in combination to claim or discount any McDonald’s ‘Extra Value Meal’ or ‘Combo’, or any other form of meal deal. Food Benefits are valid for the particular size, type and flavour of the Food Benefit item only, and cannot be used in combination to claim or discount any other sized food/beverage item. McDonald’s reserves the right to substitute ingredients of Food Benefits as a result of seasonal, supplier or other variability outside the reasonable control of McDonald’s. No requests by you to substitute or vary Food Benefits will be accepted. You are responsible for ensuring that a Food Benefit is consistent with your dietary requirements.

18. McDonald’s or a Benefit Partner reserves the right to request you to produce appropriate photo identification in order to confirm that you are the person named on an Account before you can redeem a Benefit. If adequate identification is not received by McDonald’s or the Benefit Partner to its satisfaction, you will not be able to redeem the Benefit.

19. Benefits must be taken as offered and cannot be varied. Benefits cannot be combined with any other offers, discounts, upgrades or promotions. Benefits and the rights they confer on members cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Website Terms and Conditions. Any attempt, successful or otherwise, to sell, transfer, assign or otherwise deal with a Benefit other than in accordance with these Website Terms and Conditions will render the Benefit void and will constitute a breach of these Website Terms and Conditions and may be unlawful. Benefits are not replaceable if lost or stolen. Benefits will be declared void if stolen, forged, mutilated or tampered with in any way. Benefits are not exchangeable and cannot be taken as cash. McDonald’s accepts no responsibility for any tax implications that may arise from Benefits and independent financial advice should be sought. McDonald’s accepts no responsibility for any variation in Benefits or their value.

20. Where a Benefit is supplied by a Benefit Partner and not by McDonald’s, to the fullest extent permissible by law and subject to condition 45, the provision of the Benefit and your redemption of the Benefit is the direct responsibility of the Benefit Partner and not McDonald’s. The Benefit Partner is the supplier and holder of the applicable Benefit at all times. The Benefit Partner is solely responsible for providing you with the Benefit offered and is solely responsible for fulfilling the Benefit. Any queries in respect of the goods and/or services connected with the Benefit, any representation made by a Benefit Partner, or the Benefit itself, must be directed to the Benefit Partner and not to McDonald’s.

21. McDonald’s is not acting as agent for any of the Benefit Partners nor are any of the Benefit Partners agents for McDonald’s, or otherwise authorised to contractually bind McDonald’s in any way. To the fullest extent permissible by law and subject to condition 45, McDonald’s does not accept any liability whatsoever with regard to the goods and/or services provided by the Benefit Partner, or the Benefit Partner’s failure, delay or refusal to supply the goods and/or services or any Benefit, whether or not in connection with the App. The rights (if any) that you may have in connection with such matters are solely against the Benefit Partner. All goods and/or services supplied to you by a Benefit Partner will be subject to the terms and conditions applicable to the Benefit Partner’s supply of the goods and/or services. To the extent permitted by applicable law and subject to condition 45, McDonald’s excludes all liability for the availability, quality or fitness for purpose of the Benefits offered and redeemed through Benefit Partners.

OFFERS

Loyalty Card
Title: McCafe®, Buy 5 Get 1 Free
Terms: Buy any 5 McCafe hot drinks and get one free. Scan the voucher code or inform your order taker before completing your order to receive punch.
May exclude drinks purchased in Extra Value Meals and meal bundles such as Value Boxes. A maximum 5 punches and 1 free McCafe hot drink can be rewarded per order. Punches from a single order do not carry over to the next card. Multiple cards cannot be used simultaneously. Punches & free McCafe hot drinks voucher will appear in App within 12 hours of transaction.
Extended Terms: Buy any 5 McCafe hot drinks and get one free. Scan the voucher code or inform your order taker before completing your order to receive punch.
Excludes drinks purchased in Extra Value Meals and meal bundles such as Value Boxes. A maximum 5 punches and 1 free McCafe hot drink can be rewarded per order. Punches from a single order do not carry over to the next card. Multiple cards cannot be used simultaneously. Punches & free McCafe hot drinks voucher will appear in App within 12 hours of transaction. Parent/carer must be present for child under 14 to redeem. Available at participating restaurants only. Limit of one voucher per person/transaction per day. Not to be used in conjunction with or to discount any other offer or meal. Not redeemable via McDelivery®.

Free McCafe Coffee
Title: Free McCafe® Coffee
Terms: Offer entitles user to one free McCafe® hot drink. Scan the voucher code or inform your order taker before completing your order to receive offer. Surcharges apply for chargeable extras such as soy milk, extra shot, syrups etc. Excludes drinks purchased in Extra Value Meals and meal bundles such as Value Boxes.
Extended Terms: Offer entitles user to one free McCafe® hot drink. Scan the voucher code or inform your order taker before completing your order to receive offer. Surcharges apply for chargeable extras such as soy milk, extra shot, syrups etc.
Excludes drinks purchased in Extra Value Meals and meal bundles such as Value Boxes. Parent/carer must be present for child under 14 to redeem. Available at participating restaurants only. Limit of one voucher per person/transaction per day. Not to be used in conjunction with or to discount any other offer or meal. Not redeemable via McDelivery®.

Dollar Off
Title: ${Value} Off
Terms: Offer entitles user to ${Value} off purchase with a minimum purchase of ${value}. Offer must be used in a single transaction. Scan the voucher code or inform your order taker before completing your order to receive offer).
Extended Terms: Offer entitles user to ${Value} off purchase with a minimum purchase of ${Value}. Offer must be used in a single transaction. Scan the voucher code or inform your order taker before completing your order to receive offer. Parent/carer must be present for child under 14 to redeem. Available at participating restaurants only. Scan this voucher when ordering to receive offer. Limit of one voucher per person/transaction per day. Not to be used in conjunction with any other offer. Not redeemable via McDelivery®.

Percentage Off
Title: {Value}% Off
Terms: Offer entitles user to {Value}% off the total order value with a minimum purchase of ${Value}. Scan the voucher code or inform your order taker before completing your order to receive offer.
Extended Terms: Offer entitles user to {Value}% off the total order value with a minimum purchase of ${Value}.
Scan the voucher code or inform your order taker before completing your order to receive offer. Parent/carer must be present for child under 14 to redeem. Available at participating restaurants only. Show this voucher when ordering to receive offer. Limit of one voucher per person/transaction per day. Not to be used in conjunction with any other offer. Not redeemable via McDelivery®.

CONTRIBUTIONS

22. McDonald’s may from time to time invite you to contribute ideas, submissions or other content to the App and/or the Website, to participate in voting polls, or to engage with any interactive component of the App and/or the Website (Contribution). You acknowledge that any Contribution you make to McDonald’s or to the App or the Website through its functionality, electronic mail or otherwise (including any data, questions, votes, comments, suggestions and the like) will be treated as non-confidential and may be made available for public viewing.

23. By making a Contribution, you absolutely and unconditionally assign to McDonald’s (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign to McDonald’s) all right, title and interest in all intellectual property rights in your Contribution. A Contribution and all intellectual property rights subsisting in the Contribution irrevocably become, at time of Contribution, the property of McDonald’s. You acknowledge that the assignment is absolute, worldwide and for all uses and purposes including the re-assignment of your Contribution to any other person or entity, and the making of any modifications, enhancements, adaptations or versions of your Contribution, including the performance of your Contribution and any releases of your Contribution in any medium or environment. McDonald's may use your Contribution for any commercial or other purposes whatsoever – meaning that McDonald’s may make, have made, offer for sale, sell, copy, distribute, perform, transmit, display, modify, adapt, and otherwise use your Contribution throughout the world, in perpetuity, in any manner that it sees fit – without further notification, remuneration or compensation (save for your receipt of any Benefits) to or approval from you or any other person. You agree, upon request by McDonald’s, to execute all documents and perform all acts necessary to vest all intellectual property rights in your Contribution to McDonald’s.

24. McDonald’s grants to each user of the App a non-exclusive licence to access your Contribution through the App and to use your Contribution in any way as permitted through the functionality of the App and under these App Terms and Conditions.

25. By making a Contribution, you expressly consent for the benefit of McDonald’s to all or any acts or omissions that would ordinarily constitute an infringement of your moral rights in relation to all intellectual property rights in your Contribution pursuant to the Copyright Act 1968 (Cth), including McDonald’s having an unfettered right to treat your Contribution in any manner in its absolute discretion, to alter your Contribution in any manner and to McDonald’s not attributing authorship of your Contribution to you. McDonald’s may in its absolute discretion and at any time, edit, delete, re-format, reject, or remove any Contribution that you make.

26. You also consent to McDonald’s using your Contribution and your name, likeness, image and/or voice (including photograph, film and/or recording of the same), in the Contribution or in connection with the Contribution, in any media worldwide for an unlimited period of time without further notification, remuneration or compensation (save for your receipt of any Benefits) for the purposes of the App, promoting, publicising and/or marketing the App, the Website and/or the Application and/or McDonald’s brand, products or services, and for any other purpose, anywhere in the world in McDonald’s absolute discretion.

27. Each time you make a Contribution, you warrant that:

a. your Contribution is original and created by you;

b. you own any and all intellectual property rights in the Contribution and have the right to assign ownership in all intellectual property rights in the Contribution to McDonald’s;

c. all information you submit as part of the Contribution is truthful and accurate and you will maintain the accuracy of such information;

d. you have the rightful power and authority (including but not limited to owning or having the necessary licences, rights, consents and permissions) to make the Contribution in the form and manner in which it is made;

e. you agree to the Contribution being available on the App for public viewing, voting and/or comment and that the Contribution may be used in any way by McDonald’s in any media worldwide for an unlimited period of time without remuneration or compensation (save for your receipt of any Benefits) for the purposes of the App, promoting, publicising and/or marketing the App, the Website, the Application and/or McDonald’s brand, products or services, and for any other purpose in McDonald’s absolute discretion;

f. your making of the Contribution does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;

g. the Contribution does not contain content that is illegal, contrary to any laws or regulations, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive, objectionable, or disparaging and that during the course of creating the Contribution your conduct was not illegal, contrary to any laws or regulations, indecent, obscene, threatening, discriminatory, or harassing to any person;

h. in making the Contribution, you are not knowingly restricting or inhibiting any other member from using or enjoying the Website;

i. if the Contribution in any way includes or involves third parties or third party property, you have obtained the required consents and releases from those third parties (or third party property owners) to include them in your Contribution and that those third parties (or third party property owners) have been informed by you and agree in writing that their image or the image of their property (as applicable) may be used by McDonald’s in any media for an unlimited period of time without remuneration or compensation to the third party (or third party property owner) for the purposes of the App, promoting, publicising and/or marketing the App, the Website, the Application and/or McDonald’s brand, products or services, and for any other purpose in McDonald’s absolute discretion;

j. the Contribution does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;

k. the Contribution does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

l. the Contribution does not contain content that has been used in previous marketing materials or promotions for any third party (including but not limited to any marketing materials for any business in the quick service restaurant industry) or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;

m. the Contribution does not contain content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; and

n. you will not use the App for the purpose of advertising, promoting or soliciting any goods or services or otherwise engaging in trade or commerce.

28. You agree to use the Contributions only in connection with the intended purposes of the App and/or the Website. You acknowledge that McDonald’s and its agencies and representatives continually test and evaluate various concepts, designs, products and other materials for use in connection with McDonald’s business and it is possible that some person or entity within McDonald’s or any of its agencies or representatives may have already considered and/or is currently evaluating or testing a concept, design and/or product that is similar or identical to any of the ideas, concepts, designs and/or products presented by you in your Contribution. You acknowledge and agree that you have no claim against McDonald’s, now or in the future, in connection with McDonald’s consideration, use or development of any similar or identical idea, product, design, concept or other materials to that in your Contribution. In addition, you agree that any rights you may have in your Contribution will not be infringed by McDonald’s consideration, use or development of any idea, concept, design or product that is similar or identical to that in your Contribution. You waive any and all claims against McDonald’s for any use by McDonald’s of any idea, product, design and/or concept similar or identical to any idea, product, design and/or concept in your Contribution.

29. McDonald’s will fully cooperate with any law enforcement authorities or court order requesting or directing McDonald’s to disclose the identity of any contributor to the App making any illegal or inappropriate Contribution. You must indemnify (and must defend and hold harmless) McDonald’s and our employees, servants, agents and contractors, from and against all losses arising from any breach by you of any applicable laws or regulations in your Contribution; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of your Contribution; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of you in relation to your Contribution, and any claim or allegation that your Contribution infringes a third party's intellectual property rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information. Notwithstanding, McDonald’s retains the right to assume the conduct of any defence to a claim brought against McDonald’s, and of any proceeding or appeal issued by McDonald’s, and you agree to provide all reasonable cooperation (including by making available relevant documents) that McDonald’s may require from you in relation to any such claim, proceeding or appeal.

30. If any Contribution or other content is made available for public viewing by McDonald’s on the App, a regulator or any member of the public may wish to submit a notice, request, direction, complaint or instruction (Notification) to McDonald’s in respect of such Contribution or other content. Except for Regulators, Notifications must be submitted to McDonald’s via the contact details below with a link to the relevant Contribution or other content and your reasons for objecting to it. If McDonald’s receives a Notification, McDonald’s will consider the issues raised in the Notification and determine, in its absolute discretion, whether the relevant Contribution or other content should be removed. You will not necessarily be contacted as to McDonald’s decision. You acknowledge and agree that McDonald’s may, without any liability, take any steps necessary in order to respond or comply with a Notification (to the extent McDonald’s is legally authorised and obliged to do so) to ensure compliance with any relevant laws and/or the requirements of a regulator and may take these steps at any time and without further notice to you.

31. Your use of the Website is at your own risk. Your Contribution reflects your opinions and thoughts. The views expressed in any Contributions are not McDonald’s views (or views of its management, its franchisees, or their respective employees) and McDonald’s accepts no liability in respect of any Contributions nor are McDonald’s responsible for its content or accuracy. Any reliance you place on Contributions is at your own risk. McDonald’s assume no responsibility or liability arising from the content of any Contributions nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such Contributions.

USE OF THE WEBSITE

32. Subject to your compliance with these Website Terms and Conditions, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Website. Any costs associated with accessing and using the Website remain your responsibility and are dependent on the service provider used.

33. All right, title and interest in all intellectual property rights in and relating to McDonald's brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Website and anywhere else in respect of the App (Brand Features) and the content on the Website (including but not limited to all Contributions and Benefits) are owned by McDonald's and/or its licensors and may not be used by members except as permitted in these Website Terms and Conditions. Your participation in the App and use of the Website generally will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Website. McDonald's, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website and participate in the App.

34. You may only use the Website for your personal and non-commercial use. You may not decompile, reverse engineer, disassemble, convert or authorise any third party to decompile, reverse engineer, disassemble or otherwise convert, the Website to a human perceivable form, distribute or republish the Website in any way, resell, rent, lease or lend the Website, or transfer the Website or any content on the Website to any third party. The Website may only be used in Australia. McDonald's makes no representation that the Website is appropriate or available for use in all locations.

35. If you are the driver of a vehicle (or other form of transport), you must not use a mobile version of the Website while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the mobile version of the Website when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the mobile version of the Website. In the interests of safety at all other times, McDonald's recommends that you only use the Website when it is lawful and safe to do so.

36. The Website may contain links to other websites and applications (Linked Sites). McDonald’s is not responsible for the content of any Linked Sites, whether or not McDonald’s is affiliated with the Linked Sites. McDonald’s does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from you, McDonald’s shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at their own risk.

37. The Website and Application may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Website or Application, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the Website or Application accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted the Website via the social media platform. You acknowledge that your Contributions to the Website or Application may also be featured on a social media platform of the Website for public viewing and sharing. Users are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Website or Application. The Website and Application is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

PRIVACY

38. McDonald’s collects, uses and discloses your personal information in accordance with its Privacy Policy and Collection Statement and as stated in these Website Terms and Conditions.

39. McDonald’s will provide you, at time of collection of your personal information, a Collection Statement that details the personal information being collected, the purpose of its collection, where the personal information will be stored and how it will be shared with third parties. The Collection Statement will comply with McDonald’s disclosure obligations under the Privacy Act 1988 (Cth).

40. McDonald’s collects your personal information via the App for the purposes disclosed in its Collection Statement and for the following purposes: to allow you to register an Account, receive and redeem Benefits, make Contributions to the Website and otherwise use and interact with the Website.

41. By becoming a member to the App and opting-in on the online registration form in the manner required, you also acknowledge that a further primary purpose for collection of your personal information by McDonald’s is to contact you in the future with information about the App and McDonald’s generally, including special offers, market research or to provide you with marketing materials via any medium including in-Application push notifications, mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. McDonald’s may share your personal information with its Australian and overseas related companies, servants, employees, agents, trusted third parties and promotional partners and who may contact you for their legitimate commercial purposes, including special offers, market research or to provide you with marketing materials in this way. By becoming a member to the App and opting-in, you acknowledge and agree that McDonald’s and any applicable third parties may use your personal information in the manner set out in this condition.

42. All information is passed through to a secure server using encryption technology and stored on secure servers that are protected in controlled facilities, which in some cases may be overseas. McDonald's employees and data processors are obliged to respect the confidentiality of any personal information held by McDonald's. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. McDonald's will not be held responsible for events arising from unauthorised access to personal information beyond McDonald's reasonable control.

GENERAL

43. McDonald's reserves the right to monitor all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, McDonald's may close or freeze the Account immediately and you may lose any accrued Benefits. McDonald's retains the right and absolute discretion to suspend or terminate your Account, membership to the App and/or access to the Website generally, and/or to remove or revoke Benefits from your Account (if applicable), without notice if McDonald's believes you have abused any privilege accorded to you as a member of the App, supplied misleading information or made any misrepresentations to McDonald’s in connection with the App, tampered with the Website in any way, breached these Website Terms and Conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the App and/or the Website. In the event of termination or suspension of your Account and/or removal or revocation of any Benefits in accordance with these Website Terms and Conditions, no Benefits will be credited to you or converted to cash or other forms of compensation and you will have no further access to your Account or such Benefits for the duration of the suspension or at all in the event of termination. McDonald's legal rights to recover damages or other compensation from you are reserved.

44. The use of any automated software or any other mechanical or electronic means allowing a member to automatically accept App membership or receive and/or redeem Benefits is prohibited. McDonald’s reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.

45. This entire condition and any other limitations in these Website Terms and Conditions do not apply to any Consumer Guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or to any liability of McDonald's for failure to comply with a consumer guarantee under the Australian Consumer Law. To the fullest extent permissible by law, the App, the Website and its entire contents are provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied. McDonald's disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. McDonald's does not make any guarantees and does not provide any undertaking that the App or the Website will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. McDonald's disclaims any and all responsibility and liability for any damage or loss that members may suffer or incur as a result of membership to the App and/or use of the Website, whether direct or consequential, including any loss resulting from interference, malfunction, delays, failures or damage that occurs to your device or results from installing, updating or using the Website or resulting from accessing any materials related to this App and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this App as a result of any technical malfunctions, delays or failures, any theft, unauthorised access or third party interference, any lost Benefits and/or your acceptance and redemption of any Benefits. You agree that you assume total responsibility and risk for your use of the Website and your sole remedy against McDonald's for dissatisfaction with the Website or any content is to stop using the Website or such content.

46. If the App is not capable of running as planned for any reason beyond the reasonable control of McDonald’s, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the App, McDonald’s reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the App and/or if necessary to provide alternative benefits to the same value as the original Benefits.

47. McDonald’s is committed to helping its customers make informed decisions about their food and beverage choices. McDonald’s provides healthier food and beverage options for adults and children and ensures nutritional information is easily accessible to its customers. Nutritional information is available on its website www.mcdonalds.com.au, in its restaurants and, wherever possible, on product packaging.

48. McDonald’s decision in relation to all aspects of the App is final and no correspondence will be entered into.

GOVERNING LAW

49. These App Terms and Conditions are governed by and shall be construed and applied in accordance with the laws of New South Wales, Australia and you irrevocably consent and submit to the jurisdiction of the courts sitting in this State to determine any issue arising hereunder.

CONTACT DETAILS

50. You may contact McDonald’s via:
a. mail: McDonald’s Australia Limited 21 – 29 Central Avenue, Thornleigh NSW 2120;
b. telephone: 02 9875 7100; and
c. email: mcfeedback@au.mcd.com.