Terms and Conditions (“T&C”) for “unregistered” users
Version from April 2019
IMPORTANT: PLEASE READ AND TAKE NOTE OF THESE TERMS AND CONDITIONS.
I. General information and participation
The content that can be accessed by users in Austria via the app are provided by McDonald‘s Werbegesellschaft m.b.H, Campus 21, Liebermannstraße, A01601, AT-2345 Brunn am Gebirge (hereafter “McDonald’s”). The use of the content that can be accessed via the app is subject to these T&C.
You can use the app either as “unregistered” user or as “registered user”.
Using the app as “unregistered” user:
As unregistered user, you merely use the app in information mode and to search for restaurants (without registration and collecting or redeeming bonus points and without receiving [individual] vouchers etc.).
Using the app as “registered” user:
Should you decide to create an account in the app and to register later on, you can participate in the bonus program (and thus collect bonus points [so-called Ms] and redeem them for rewards and vouchers [tailored to your product preferences] etc.).
Please note: As “unregistered” user only these T&C are relevant to you.
Using this app is possible by installing the smartphone app “McDonald’s” after choosing “Austria” as your “country”.
By downloading the app, choosing “Austria” as your country and – as a last step – confirming that you understand these T&C for unregistered users, you agree to the following T&C.
The app may be used by any natural person who has reached the age of 14. Legal entities and partnerships may not use the app. McDonald’s reserves the right to refuse participation of certain persons.
The app is free of charge. The “McDonald’s” app can be downloaded free of charge in the App Store (iOS) or in the Google Play Store (Android).
II. About this app
When you download the app, you will be granted the right to use the app (regarding termination of this right see below “Miscellaneous”.
You are also responsible for the security of the app and for all activities in the app within your responsibility and sphere of influence.
McDonald’s intellectual property.
All rightsto the app are and remain the exclusive property of McDonald’s or its licensors. “App” includes all contents of the app, including but not limited to text, images, graphics, logos, page headers, button icons, audio clips, digital downloads, databases, software, trademarks, service marks, trade dress, audio or video files, and other components (collectively, the “Content”), and all other components of the App. You may not take any action to endanger, limit or impair the rights of McDonald’s or its licensors.
Information regarding marks.
Trademarks, trade marks, service marks and all graphic elements, including the appearance of the App, are distinctive and proprietary marks or trademarks of McDonalds or our licensors. The app may also contain various third-party names, trademarks and service marks owned by their respective owners.
McDonald’s right to update or terminate the app and your termination options.
McDonald’s may update, modify or terminate the app (or your access to it), which is provided free of charge (the app is and will remain free of charge), at any time with or without notice, including by updating the app that you have installed on your device (or by restricting functionality or access to it). You may also stop using the app at any time without providing any reason therefor by deleting the app.
Furthermore, McDonald’s reserves the right to exclude a participant or claim damages in case of abuse or violation of these T&C.
Updates of the T&C.
McDonalds may update these T&C at any time and at its sole discretion. Even if you are not registered with us in the app (i.e. use the app as an unregistered user) and have not set up a user account, we will notify you appropriately of updates to these T&C, e.g. by publishing the new T&C in the app.
An amendment to these T&Cshall be considered as accepted if the participant does not terminate the agreement within one month after the date of the aforementioned information (for unregistered users this means deleting the app) or continues to use the app beyond the deadline.
Restaurants are run by independent companies.
While McDonald’s operates and controls the app (see above I. General information and participation), we are not responsible for the operation of most restaurants. Instead, these are operated by independent franchisees of McDonald’s. Each franchisee is itself responsible for compliance with laws and regulations and for all questions related to the products and for all employment matters within the restaurant. You will find the full name and address of the respective owner on your invoice.
III.How we handle personal data
McDonald’s privacy notice.
McDonald’sprivacy notice (https://www.mcdonalds.at/privacy)is an integral part of these T&C. Our privacy notice informs you how we process personal data, including how we collect, use and disclose data, and how you can exercise your rights under applicable data protection laws.
How can you contact us?
If you have any questions or suggestions concerning the app, you may contact us at any time under firstname.lastname@example.org. If you have any questions on how McDonald’s protects your data, please contact email@example.com.
IV. Permitted use and restrictions of the app
Permitted use and restrictions. With respect to this app (including the Content), neither you nor any third party is authorized to:
use the App for any purpose that is unlawful or prohibited by these T&C;
delete or change any indications of copyright, trademarks or other proprietary notices;
acquire or attempt to acquire (intellectual) property of the App, including the Content;
to use, reproduce, distribute, publish, display, disclose, upload or transmit the app in a commercial manner;
rent, lease, sell, sublicense, loan, translate, merge, adapt, assign, transfer, or combine with or incorporate the app into any other program or service;
disassemble, decompile, reverse engineer or copy the app in source code or object code, or create derivative works based on the app;
transfer, make available, export or re-export the app in violation of any embargo, trade sanction or other technology control or export laws or regulations;
use or launch any unauthorized technology or automated system to access the app or extract any Content from the app, including but not limited to spiders, robots, screen scrapers or offline readers;
disable, damage, overload, impair or gain unauthorized access to the app, the McDonald’s-network, or the user accounts associated with the app (including the attempt to do so).
V. Liability and Warranty
Limitation of liability
McDONALD’S IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH OR RESULTING FROM THE APP. LIABILITY FOR GROSS NEGLIGENCE AND WILLFUL MISCONDUCT IS NOT LIMITED THIS WAY.
McDonald’s does not guarantee permanent availability of the technical systems. Accordingly, you must expect temporary failures. In addition, McDonald’s accepts no liability for any damage caused by third-party access to your mobile phone or the loss of your mobile phone and the resulting damage (caused by third-party access, etc.).
You are responsible for your own devices.
You are responsible for all equipment, software, and maintenance required to use the app. McDonald’s cannot guarantee that the App will function completely on any particular device or with any particular software. You are also responsible for all costs related to messages, use of the internet, and other fees and taxes associated with the use of the App. You may only use the App on your own devices and only use authorized operating systems (e.g. Apple iPhone OS for Apple devices).
Use outside of Austria.
McDonald’s does not warrant that the app will function appropriately or be available outside of Austria.
McDonald’s provides the free app “as is” and without warranty.
McDONALD’S DOES NOT WARRANT THE USABILITY OR FITNESS OF THE APP FOR ANY PARTICULAR PURPOSE. McDONALD’S DOES NOT WARRANT THAT THE APP WORKS IN AN ACCURATE, RELIABLE, UNDISTURBED OR ERROR-FREE WAY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Third Party Services.
The app may refer to, or allow you to use, third-party websites, downloadable materials, Content, social networks, or other digital services (collectively, “Third Party Services”). McDonald’s does not endorse these services and is not affiliated with them. MCDONALD’S ASSUMES NO RESPONSIBILITY FOR THIRD PARTY SERVICES.
McDONALD’S ASSUMES NO RESPONSIBILITY FOR ANY BREACH OF OUR OBLIGATIONS UNDER THESE T&C CAUSED BY OR IN CONNECTION WITH ANY EVENT BEYOND OUR CONTROL (FORCE MAJEURE). If such an event occurs, McDonald’s obligations under these T&C will be suspended for the duration of the event.
These T&C shall be governed exclusively by the substantive law of the Republic of Austria excluding conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods. Any provisions applicable at the consumer’s domicile or habitual residence which are more favorable to the consumer shall thereby not be superseded.
The app is generally made available in German. Any translation within the app or of the T&C into another language is for your convenience only. If there is a conflict between the two language versions, the German version shall prevail.
Upon termination of your right to use the App, all rights granted to you under these T&C shall terminate. However, these T&C shall continue to apply to your prior use of the app and anything that is related or arises out of such use.