1. The mymacca’s club (Club), the mymacca’s mobile ordering application (Application), the McDelivery® platform (McDelivery Platform), the party booking website at https://www.mcdonaldsparties.com.au (McDonald’s Parties), the mymacca’s website at https://mcdonalds.com.au/mymaccas/ (Website) and their associated platforms and social media channels (together, the Service) are 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 or we, us or our).
2. These terms and conditions also apply to your use of the McDonald’s free internet hotspot (the Wi-Fry). Specific terms and conditions for the Wi-Fry are set out below [see clauses 94 onwards].
3. Information about:
- how to become a member of the Club,
- how to receive and redeem various services, rewards, gifts, prizes and/or benefits available to members of the Club, which may include food/beverage items, non-food items, and/or promotional offers or information (Benefits),
- how to contribute ideas, submissions or other content to the Club and/or other parts of the Service,
- how to participate in voting polls,
- how to engage with any interactive component of the Club and/or other parts of the Service (Contributions), and
- how to use the Service generally,
forms part of these Terms and Conditions.
4. By applying to join the Club, accessing or using the Website, using the McDelivery Platform and/or downloading, accessing or using the Application, you accept these Terms and Conditions.
5. If you do not agree with these Terms and Conditions, you should not use the Service.
6. We can change, suspend or terminate the Service (or any part of it) at any time without prior notice.
7. You may only join and participate in the Club or use the McDelivery Platform and provide personal information if you are an Australian resident aged 14 years or over. If you are under 18, you need your parent or guardian’s consent. Once you join the Club or use the McDelivery Platform, you are bound by these Terms and Conditions, and your parent or guardian who provided consent (if applicable) will also be bound.
HOW TO JOIN THE CLUB
8. You must join the Club to receive and redeem Benefits, make Contributions to the Website, use the Application, McDelivery Platform and Service, and/or participate in the Club generally.
9. You cannot join the Club if you are under 14.
10. You can join the Club by:
- registering on the Website by providing your given name, family name, current email address, Australian postcode for your home and a password. You can also provide preferences, a nickname and a mobile phone number. We’ll then send you an activation email and you’ll need to follow the prompts; or
- using another method we provide to you and following the prompts set out in that invitation,
to create an account (Account).
11. The information that you provide in registering your Account must be current, correct and complete. You are only able to register and maintain 1 Account and the Account must be in your own name. You must not use another member's Account.
12. You can manage your Account via the Website, including changing any of the information provided and deleting your Account..
13. We can refuse membership and Account registration requests. This includes where you have previously been banned from the Website or another website.
14. We may refuse requests for log-ins that are the same as or similar to existing log-ins; or are inappropriate, offensive, obscene, abusive, defamatory or illegal; or infringe copyright, contain brand names, company names, or registered trade marks; or contain names of high profile or public figures; or contain words promoting political, religious, social, or economic issues; or use the name of another person.
15. We may ask you to produce identification to confirm your details and eligibility. If you choose not to provide identification we may cancel your Account.
16. You must keep your Account details confidential and you are responsible for any activity on your Account. You must immediately notify us of any unauthorised use of your Account or password or any other security breach. It is your responsibility to delete your Account when you no longer wish to be a member.
17. The Club will continue for as long as we decide.
18. If we terminate the Club, you will have until 90 days from the termination, or until the expiration date of your Club Benefits, whichever is earlier, to use your Club Benefits. We will not be liable for the termination of the Club or loss of your Club Benefits.
19. We also run other promotions and competitions outside the Club. They are run in accordance with their own terms and conditions.
20. We may conduct surprises, voting polls, promotions, competitions, incentive programs or offers for Club members (generally, Offers). These Offers are subject to their own terms and conditions as well as these Terms and Conditions.
21. We may offer services, rewards, gifts, prizes or other benefits to Club members (Benefits). The Benefits may be provided by us or a third party (Benefit Partner). The nature, quantity, availability and award of Benefits are in our absolute discretion.
22. To redeem a Benefit, you must follow the instructions provided by McDonald’s and/or the Benefit Partner. This includes using the latest version of the relevant application relating to the Offer. Any additional costs which may be incurred in redemption of a Benefit, such as travelling to and from a McDonald’s restaurant, are your responsibility.
23. You must redeem a Benefit within the time stated. Otherwise, it will expire. There may be limits on the number of Benefits you can receive, or other conditions such as time of day, day, availability at particular McDonald’s restaurants or similar. Subject to law, these are subject to change without notice.
24. Subject to the law and these Terms and Conditions, we are not responsible if a Benefit is or becomes unavailable. If a Benefit or part of it becomes unavailable for a reason beyond our reasonable control, we can award a similar item of equal or greater value. Subject to law, we are not responsible for any variation in Benefits or their value.
25. Benefits cannot be used in conjunction with any other Benefit, claim, offer, upgrade, promotion or discount or similar. Food or beverage Benefits are only valid for the specific item stated (including size, type and flavour), and cannot be used in combination to claim or discount any McDonald’s meal deal such as an Extra Value Meal or Combo. We can substitute ingredients as a result of seasonal variation, supplier changes or other factors.
26. It is your responsibility to ensure that Benefits are suitable for you, and that food or beverage benefits are consistent with your dietary requirements including any intolerances or allergies.
27. McDonald’s or the Benefit Partner may ask you to provide photo ID to confirm you are the Account holder before you can redeem a Benefit.
28. Benefits must be taken as offered and cannot be sold, transferred, assigned or otherwise dealt with. 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. We accept no responsibility for any tax implications – you should seek your own financial advice.
29. If a Benefit Partner is providing the Benefit, they are responsible for the Benefit, not us, and they are not our agent (and we are not their agent). You should address any queries about the Benefit to the Benefit Partner. Subject to law, we are not liable for availability, quality or fitness for purpose of Benefits offered by a Benefit Partner.
30. Sometimes we will invite you to contribute ideas, submissions or other content to the Club and/or other parts of the Service, to participate in polls, or to engage with any interactive component of the Service (Contribution). Contributions will be made public.
31. By making a Contribution, you assign all your worldwide intellectual property rights in the Contribution to us. We can modify or delete your Contribution and we don’t have to acknowledge you as the author or make any payment to you. We can feature your Contribution on social media platforms.
32. By making a Contribution, you also consent to our using the Contribution and your name, likeness, image and/or voice (including photograph, film and/or recording), in any media worldwide for an unlimited period of time.
33. Each time you make a Contribution, you warrant that:
- your Contribution is your original creation;
- you have the right to make the Contribution and to make the assignment in section 30;
- information in the Contribution is accurate and not misleading or deceptive;
- your Contribution doesn’t infringe the rights of any third party, including privacy rights, intellectual property rights and contract rights;
- your Contribution isn’t illegal or in breach of any regulation, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive, objectionable, in support of terrorism, or disparaging to any person;
- your Contribution doesn’t contain content that has been used in previous marketing for any third party and you won’t submit your Contribution to any third party for any commercial purpose; and
- your Contribution doesn’t contain any harmful or malicious code
33A. If you publicly post materials on a social media platform (User Content) McDonald’s or our representatives may contact you and request your permission to use or share that User Content. If you agree to give McDonald’s permission to use your User Content, that User Content becomes a Contribution under these terms and conditions, and the terms that apply to Contributions will also apply to the applicable User Content.
34. You waive claims against us for use of any idea, product, design and/or concept similar or identical to any idea, product, design and/or concept in your Contribution.
35. If a law enforcement authority or court asks or requires us to disclose your identity because of allegations of illegal or inappropriate Contributions, we will fully co-operate with the request or requirement. If a third party requests or requires us to remove your Contribution, then it is our decision whether to do so, without liability or notice to you.
36. You are fully liable for any harm caused to people or property, illegal conduct, or breach of other people’s rights arising from your Contributions. You will co-operate with us in any legal action relating to your Contribution when we reasonably request it.
37. Do not rely on the Contributions of others. They are not the views of McDonald’s. We are not responsible for the content of Contributions even if they are defamatory, incorrect, illegal or offensive.
THE McDELIVERY PLATFORM AND THE APPLICATION
38. The McDelivery Platform allows you to order McDonald’s for home delivery from participating McDonald’s restaurants in Australia. The Application allows you to order McDonald’s for pick up at a McDonald’s restaurant.
39. The McDelivery Platform and the Application may only be used in Australia and only in respect of meal items generally available at participating McDonald’s restaurants across Australia.
40. When you place an order, you purchase the meal items you have selected and you will be given a unique order code.
41. We calculate McDelivery service areas based on driving time and distance and restaurant capacity. Your closest McDonald’s restaurant may not be the restaurant that fulfils your order. If for any reasons you require a particular restaurant to fulfil your order (for example, a restaurant with Halal certified products), please visit us in restaurant.
42. As the functioning of the restaurant locator relies on third party systems, McDonald’s does not promise that the restaurant locator will be available or accurate at all times. Trading hours are correct at time of publishing but subject to variation.
43. In relation to the McDelivery Platform, we will start preparing your order when it reaches the head of the queue and a driver is available. Quoted delivery times are estimates only and may be affected by traffic, weather and order volume. We give you an estimated time at the start of the order process and when you confirm your order to give you the most up to date time. In relation to the Application, we will start preparing your order when the mobile device you ordered from is within a certain distance of a restaurant (Zone) and you check in on that mobile device.
44. McDelivery service areas are constantly changing as we allocate delivery areas to try to deliver the freshest possible products and to meet changing demand. Sometimes, you will find that you are no longer within the delivery area. In relation to the Application, you must be within a Zone and checked in before your order will be sent to a restaurant, and your order will be sent to the restaurant where you check in. From time to time, we may change the size and shape of the Zone to accommodate for local factors around a restaurant, or for any other reasons we deem appropriate. The Application relies on location services being enabled on your mobile device, and you having your mobile device with you when you enter the Zone and check in. If you enter the Zone without your mobile device or without location services enabled, or if you do not check in, your order will not be sent to our kitchen for preparation.
45. As product availability and pricing may vary from restaurant to restaurant, McDonald’s cannot guarantee that the order you generate using the McDelivery Platform or the Application will be available for the same total cost at the time your order is processed.
46. In order to use the McDelivery Platform, McDonald’s Parties or the Application, you must be a member of the MyMacca’s Club. When you create an Account for the McDelivery Platform or the Application, or place an order on McDonald’s Parties, you accept these Terms and Conditions in relation to the Club.
47. Payment is required in full at the time of order by the methods shown on the McDelivery Platform and the Application. McDonald’s does not accept cash or cheques as a payment option for the McDelivery Platform or the Application. If we can’t process your payment, we won’t be able to fulfil your order. We won’t be liable to you when we can’t process your payment.
47A. Shortly after registering a payment method on the Application or McDelivery Platform, a small verification transaction may appear on your account. The transaction may be for $0 or approximately $1 depending on your card. The transaction is required to verify your payment method and will only appear for a small amount of money. The transaction may appear as pending for up to 10 working days then should disappear. In many cases the transaction will only appear for 1 to 3 days.
48. Requests for refunds should be directed to the McDelivery customer support line on 1300 665 610, or in the case of the Application, requests should be directed to the manager of the relevant restaurant.
PROMOTIONS & VOUCHERS
49. In-restaurant promotions may not be available via the McDelivery Platform or Application. Where a promotional product, meal or price is not available for McDelivery or mobile ordering, it will not be available for selection at the time of order via the McDelivery Platform or Application. Prices for McDelivery and mobile ordering are as stated on the McDelivery Platform and Application and may differ from in-restaurant prices.
50. McDonald’s vouchers are not redeemable through the McDelivery Platform or Application unless specifically stated on the voucher terms and conditions. If a voucher is redeemable through the McDelivery Platform or Application, you must enter the code when placing the order. McDelivery drivers will not accept vouchers.
51. McDonald’s may provide McDelivery Platform or Application specific promotional offers from time to time via the McDelivery Platform, Application and/or to Account holders via any other means, such as emails. You must at all times use the latest version of the Application, McDelivery Platform, or any other application as necessary, in order to fully enjoy and participate in a promotion. McDonald’s reserves the right to decline your eligibility and participation in a promotion on the basis that you are not using the latest update. Some offers may not be available in all restaurants, may not be redeemable via the McDelivery Platform or Application, may only be available online and may only be available for a limited time. Specific terms and conditions as applicable to a promotional offer will be stated at time of offer, and will apply in addition to these Terms and Conditions.
McDELIVERY MENUS AND ORDERING
52. The McDelivery Platform and Application menus are different from the full McDonald’s menu available in-restaurant. Please check the McDelivery Platform or Application menu carefully when placing your order.
53. All prices are in Australian Dollars (AUD). Pricing is not real time but is correct at time of publishing. Prices may vary at time of purchase. Prices may differ from in-restaurant prices. McDonald’s always recommends you review your order prior to payment before deciding whether or not you wish to proceed with your purchase. We are not liable for any price variations or errors in pricing.
54. It is your responsibility to ensure that your food or beverage order is consistent with your dietary requirements including any intolerances or allergies.
55. The McDonald’s Parties website allows parents and guardians to book a McDonald's birthday party online.
56. By making a booking through McDonald’s Parties you confirm that you are 16 or over. McDonald's reserves the right to cancel any birthday party that has been booked online by a person under the age of 16 who does not have the consent of a parent or legal guardian.
57. To reduce booking fraud, the person making the booking will need to register as a user, providing a valid email address. An email will be sent to the email address provided and to finalise and complete the booking the user must click the link in that email. Failure to complete this step will result in the booking being incomplete and not entered into the system.
58. We also act as the agent for restaurants operated by a franchisee of McDonald's, and your contract with the restaurant is directly with them. Bookings are subject to these terms and conditions and policies and you should read these before proceeding with your booking. Our role as agent is limited to facilitating bookings.
59. By making a booking through McDonald’s Parties, you consent to receiving email communications from McDonald’s in relation to your booking, including before and after the party. We may also pass on your booking details to the restaurant.
60. Prices for birthday party packages and optional extras (such as party cakes) include all taxes, unless otherwise stated on the McDonald’s Parties website. Payment for the cost of the party is to be made at the restaurant at the time of the party by cash, EFTPOS or credit card. Not all payment methods may be available at all restaurants. Prices published on the Website are subject to change without notice.
61. Changes and cancellations can be made by logging into McDonald’s Parties using the unique user identification and password created when the party is first booked. Changes or cancellations cannot be made later than 48 hours prior to the party. Contact Customer Service on 1300 268 710 should you need to modify or cancel your booking after this time
62. A 10 guest minimum applies to all party bookings. Adults attending in a supervisory capacity do not count as guests for the purpose of this condition. The maximum number of party guests allowed varies depending on the restaurant chosen. A minimum of 1 supervising adult is required to remain in attendance for the entirety of the party. McDonald's recommends that 1 adult per 10 children in attendance be present to supervise.
63. Birthday party packages do not incorporate food or beverages for supervising adults, however food and beverages in addition to the party packages may be purchased from the restaurant on the day.
64. McDonald's recommends that birthday parties be booked for and attended by children aged 3 years and above. Games, toys and accessories provided as part of each birthday party package have been safety tested and recommended only for children aged 3 years and above. Any parent, guardian, adult or other person booking a birthday party for a child under 3 years or which will be attended by a child or children under 3 years expressly acknowledges this information and indemnifies McDonald's and its affiliates for any loss, claim or damage as a result of the booking.
65. Customers may elect to bring their own birthday cake or may purchase a McDonald's birthday cake through the Website. Customers who bring their own birthday cake do so at their own risk. McDonald's and its affiliates accept no liability for any loss or damage, however caused which may be directly or indirectly suffered in connection with food products brought to a birthday party which are not supplied by McDonald's.
66. Nutrition and allergen information in respect of McDonald's food and beverages (including the cakes available for birthday parties) is available to view on the McDonald's corporate website; please go to https://mcdonalds.com.au/maccas-food/nutrition to access this information.
67. Any 'Special Offers' posted on the Find a Party Restaurant and Select a Restaurant pages have been inputted directly by the relevant restaurant. McDonald's accepts no liability for any loss in connection with these special offers as these offers are made by the individual restaurant and not by McDonald's. Any queries or concerns in relation to a special offer should be addressed to the particular restaurant making the offer.
68. Customers accept full responsibility for all persons, both children and adults, in attendance at a McDonald's birthday party.
USE OF THE SERVICE
69. You download, install, access and use the Service at your own risk and cost, including Internet service provider costs.
70. All material and logos on the Service remain our property.
71. You must not use the Service for commercial purposes or for spam.
72. You must not attempt to decompile, reverse engineer, disassemble or otherwise convert the Service.
73. The Service is only for use in Australia.
74. Use your own judgement when using the Service and take care of your personal safety. In particular, never use the Service when driving.
75. We are not responsible for the content of any other websites, social media platforms or applications linked on the Service. They may have their own terms and conditions.
76. Features, availability and information of third party suppliers, third party products and/or services described or depicted on the Service, or available for enquiry or application through hyperlinks, are subject to change at any time without notice.
77. The Service may link to social media platforms and access information you have shared with those platforms, and/or contact you via those platforms or information (for example, sending an email directly to you to the email address provided to the social media platform).
78. We collect, use and disclose your personal information in accordance with any privacy collection statement that we give you, and as stated in these Terms and Conditions.
79. We collect and use your personal information through the Service for the purposes disclosed when we collect the information and to allow you to:
- register an Account,
- receive and redeem Benefits,
- make Contributions;
- otherwise use and interact with the Website,
and to allow us to:
- contact you with information about the Service and McDonald’s generally, including special offers, market research or marketing materials via any method;
- share your information with our Australian and overseas related entities, officers and agents, third parties and promotional purposes, who may also contact you for similar purposes;
- and use and disclose your personal information for other reasonable related purposes.
80. If you decide not to provide us with your personal information, that’s ok, but we may not be able to process your Club membership or accept Contributions, or provide you with Benefits, or allow you to order using the McDelivery Platform, and it may restrict your ability to use the Service overall.
81. Keeping your personal information safe is important to us. Sometimes your information, including the credit card details that you provide for McDelivery Platform orders, will be processed and stored overseas by us or our service providers, and we have confidentiality and security requirements for processing and storage. However, security of communications cannot be guaranteed and to the extent permitted by law we are not liable for unauthorised access.
82. When you use the McDelivery Platform, you consent to our use and disclosure of the location of your device, so that we can provide the McDelivery Platform functionalities to you, such as restaurant location.
83. We can monitor Account activity. We can terminate or suspend your Account, your Club membership and/or your Website access in our discretion, including if we see signs of fraud, abuse or suspicious activity, or any breach of these Terms and Conditions. We reserve our rights in the case of any breach of these Terms and Conditions, our rights, or any unlawful activity.
84. If we believe you are using any automated software or other mechanical or electronic automated method to accept Club membership or receive and/or redeem Benefits, or to take advantage of other promotions, we can suspend or terminate your Account, your Club membership, your ability to place orders on the McDelivery Platform and/or your Website access.
85. To the extent permitted by law, the Service is 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 or that the Service will be error-free or free from harmful code.
86. To the extent permitted by law, we have no liability for any loss or claim that you may suffer or incur as a result of your use of the Service.
87. Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of goods or services. For a minor failure, we may choose to provide you with a replacement or refund for goods or services, or re-supply a service.
88. To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
89. The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
90. We are 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 our website www.mcdonalds.com.au, in its restaurants and, where practical, on product packaging.
91. Our decision in relation to all aspects of the Club is final and no correspondence will be entered into.
GOVERNING LAW & AMENDMENTS
92. These Terms and Conditions are governed by the laws of New South Wales, Australia and you consent to the jurisdiction of the courts having jurisdiction in that State and courts of appeal from them.
93. We may amend these Terms and Conditions, so you should check them from time to time. Your use of our Service, following any changes, is your acceptance of those changes.
94. You may contact McDonald’s via:
- mail: McDonald’s Australia Limited 21 – 29 Central Avenue, Thornleigh NSW 2120;
- telephone: 02 9875 7100; and
- email: firstname.lastname@example.org.
95. Welcome to the McDonald's Australia Limited (ABN 43 008 496 928) (McDonald's Australia) free internet hotspot (the Wi-Fry).
96. Access to and use of the Wi-Fry is subject to these Terms and Conditions (Terms & Conditions). By accessing and using the Wi-Fry, you agree to accept these Terms & Conditions without limitation. McDonald's Australia may at any time revise these Terms & Conditions. Your continued use of the Wi-Fry constitutes your binding acceptance of such revisions, amendments and modifications. Since you are bound by these Terms & Conditions each time you access and use the Wi-Fry, you should carefully review these Terms & Conditions each time you do so. If you do not agree to these Terms & Conditions, you must not access or use the Wi-Fry.
97. For the purposes of these Terms & Conditions, any reference to "you" or "your" includes but is not limited to the owner and authorised user of the computer or mobile device (wireless enabled device) used to access the Wi-Fry. You are responsible for providing your own wireless enabled device that is capable of accessing the Wi-Fry with its own power source. McDonald's Australia does not provide power, information technology advice or assistance to any user of the Wi-Fry. You must not use the Wi-Fry on a wireless enabled device under any circumstances unless you have the express permission of the lawful owner of the wireless enabled device.
98. The Wi-Fry is provided to you free of charge by McDonald's Australia in participating McDonald's Australia premises that are enabled with a wireless local area network, provided you are a customer of McDonald's Australia. You may utilise the Wi-Fry for up to 60 minutes or up to 250 MB (whichever occurs first) in any given 24 hour period, across participating McDonald's Australia premises. After this time, you will automatically be logged-out of the Wi-Fry.
SPEED AND RELIABILITY OF THE WI-FRY
99. The speed and throughput of each McDonald's Australia Wi-Fry varies depending on a number of factors, including but not limited to: the capabilities of your wireless enabled device; the physical location of the wireless access points within the premises; Wi-Fry user traffic during the time of access; general internet congestion; wireless signal interference and the location of your wireless enabled device within the premises whilst accessing the Wi-Fry. Each Wi-Fry has a limited range and to gain optimal access, it is recommended that your wireless enabled device accesses the Wi-Fry within the confines of the premises.
100. McDonald's Australia will use reasonable endeavours to provide you with a reliable, stable and secure access to the Wi-Fry but does not promise that access to the Wi-Fry will be continuous, fault-free, secure or accessible at all times. McDonald's Australia advises that the Wi-Fry access is not suitable for supporting any application or use which requires continuous, fault-free network connectivity or uninterrupted data traffic flow. Without limiting any other provision of these Terms & Conditions, McDonald's Australia will not be liable if the Wi-Fry access becomes unstable, un-secured, slow or unavailable at any time for any reason whatsoever.
101. McDonald's Australia will use reasonable endeavours to monitor and attend to any Wi-Fry faults, malfunctions or other problems associated with the Wi-Fry access but will not be liable if such faults, malfunctions or problems occur with the Wi-Fry and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Wi-Fry.
LOGGING IN/OUT OF THE WI-FRY
102. To be eligible to use the Wi-Fry, you need to access the Wi-Fry with your wireless enabled device and agree to and accept these Terms & Conditions. You are not required to purchase any item from McDonald's Australia or pay any fee to McDonald's Australia to access the Wi-Fry.
103. Each McDonald's Australia Wi-Fry can only support a limited number of users accessing the Wi-Fry at any one time. McDonald's Australia does not promise that you will be able to access and/or use the Wi-Fry immediately or each time you visit a McDonald's Australia that provides a Wi-Fry. McDonald's Australia reserves the right to block excessive users of the Wi-Fry.
104. To stop using the Wi-Fry, you simply need to disconnect from the Wi-Fry network in your mobile device settings.
105. You will automatically be logged-out of the Wi-Fry if:
- your access to the Wi-Fry is terminated by McDonald's Australia in accordance with these Terms & Conditions;
- the wireless connection of the Wi-Fry you are accessing is lost, disconnected or becomes out of range;
- no activity is detected from your wireless enabled device for a continuous period of 10 minutes whilst logged on to the Wi-Fry; or
- you utilise the Wi-Fry for more than 60 minutes in any given 24 hour period.
106. Once you are logged-out of the Wi-Fry, you will need to log-in again to regain access to the Wi-Fry. McDonald's Australia cannot guarantee that you will be able to log back in to the Wi-Fry immediately.
USER OBLIGATIONS AND LIMITATIONS
107. The Wi-Fry is intended to be used in a fair and "community-minded" manner. To this end, McDonald's Australia or its suppliers may, in their absolute and sole discretion, limit or block access to certain websites and/or content that you may seek to access whilst using the Wi-Fry. McDonald's Australia asks that parents supervise their children at all times while online. Without limiting its rights, McDonald's Australia may block or limit use of the Wi-Fry or access to websites and/or content that McDonald's Australia consider is not "family friendly" or may bring negative exposure or harm to McDonald's Australia's reputation and/or brand. This includes, but is not limited to, use, or access to websites and/or content that:
- could cause McDonald's Australia or its service providers to be in breach of any law, code or instrument which governs its conduct;
- could cause McDonald's Australia to incur a liability to any third person or entity;
- could interfere with the integrity and/or performance of the Hotpot or McDonald's Australia's other networks or equipment;
- depicts, alludes to or promotes offensive or illegal behaviour;
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or discriminates against or advocates harassment of or discrimination against another person, or causes another person annoyance, inconvenience or needless anxiety;exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or which may contain links to websites which contain the same;
- promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorised copy of another person's copyrighted work (including but not limited to file sharing applications such as Limewire, eDonkey, Napster or any other Bit-Torrent or peer to peer applications), or misuses the intellectual property or confidential information of us, our service providers or any third party;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- results, or could result in damage to property or injury to any person;
- could damage, disable, overburden, impair or compromise our (or any other person's) network, systems, security or equipment;
- contains, or introduces to any network or equipment, any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or material that may damage, destroy, modify, delete, detrimentally interfere with, limit, impair, surreptitiously intercept, access without authority or expropriate any software, equipment, system, data or personal information;
- collects or harvests any information or data from any service or systems or attempts to do those things or to decipher any transmissions to or from any service or systems; or
- uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content;
- or to collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
108. McDonald's Australia may immediately terminate and/or block your access to the Wi-Fry if you access or use the Wi-Fry in contravention of these Terms & Conditions, attempt to manipulate or bypass any limitations of the Wi-Fry by any means, or behave in a vexatious, illegal, inappropriate, or unsociable manner (whether in a McDonald's Australia or as a user of the Wi-Fry).
109. Access to and use of websites and/or content is also subject to such websites and/or content passing through McDonald's Australia's firewalls, anti-virus and other managed security systems, which are determined and set in McDonald's Australia's sole discretion.
110. The internet is an inherently insecure communication medium. Whilst McDonald's Australia will use reasonable endeavours to provide secure access through the Wi-Fry, it cannot guarantee the security of the Wi-Fry at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Wi-Fry and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.
111. Without limiting any other provisions of these Terms & Conditions, McDonald's Australia shall not, in any way, be liable to you for any kind of loss or damage incurred as a result of your use of the Wi-Fry, including but not limited to any viruses you may become subject to during your use of the Wi-Fry.
112. McDonald's Australia strongly recommends you install a personal firewall on your wireless enabled device to block unwanted traffic to, access to and/or downloads to your device.
113. McDonald's Australia is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. McDonald's Australia will only collect, use and store your personal information for the purposes of delivering the Wi-Fry in accordance with applicable legislation and these Terms & Conditions. Without limiting the above, McDonald's Australia advises that it will not capture or attempt to capture any personal information whilst you access and/or use the Wi-Fry without your consent.
114. However, once you access the Wi-Fry and open your internet browser application to view a website, McDonald's Australia will capture and process information regarding your web browser type and/or operating system as used by your wireless enabled device, in order to determine the most effective and/or customised way to display the requested webpage on your device.
115. McDonald's Australia will also collect and store the IP and MAC address of the wireless enabled device that has accessed the Wi-Fry, once the Terms & Conditions of access have been agreed to.
LIMITATION OF LIABILITY
117. Your access to and use of the Wi-Fry is at your own risk. McDonald's Australia acknowledges however that certain statutory warranties may be implied by law which cannot be excluded if goods or services are of a kind ordinarily acquired for personal, domestic or household use.
118. Without limiting the above, McDonald's Australia makes no warranties or representations as to the accessibility, security, stability or reliability of the Wi-Fry and McDonald's Australia specifically disclaims any liability or responsibility for any Wi-Fry faults, failures, interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Wi-Fry.
119. Neither McDonald's Australia nor any other party involved in delivering the Wi-Fry is liable for any direct, incidental, consequential, indirect, or punitive damages or loss arising out of your access to, or use of, or inability to use or access, the Wi-Fry for any reason whatsoever, even if McDonald's Australia has been notified or advised of the possibility of such damages.
120. McDonald's Australia assumes no responsibility, and makes no warranty or representation in relation to, and shall not be liable in respect of your use of any third party proprietary software.
121. McDonald's Australia assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to or use of the Wi-Fry.
122. McDonald's Australia is not responsible for the content of any website accessed or used via the Wi-Fry. Your access to, and use of, any website or network connection whilst using the Wi-Fry is entirely at your own risk.
123. You agree to indemnify and must defend and hold harmless McDonald's Australia and its personnel from and against all loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind arising from your breach of these Terms & Conditions.