McDonald’s Hong Kong

Terms and Conditions
Last Updated: July, 2020

Please read the following terms and conditions carefully
THESE TERMS AND CONDITIONS RELATE TO THE USE OF MCDONALD’S APP, INCLUDING ANY CONTENT THEREIN (“APPLICATION(S)”):

FOR iPhone, iPad AND OTHER DEVICES USING THE iOS (“APPLE APPLICATIONS”); AND
FOR DEVICES USING ANOTHER OS (“OTHER APPLICATIONS”).
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU SHOULD NOT DOWNLOAD, INSTALL, ACCESS OR OTHERWISE USE THE APPLICATION.THESE TERMS AND CONDITIONS (“TERMS”) FORM A LEGAL CONTRACT BETWEEN YOU AND MHK RESTAURANTS LIMITED (A MCDONALD’S FRANCHISED BUSINESS) (“MCDONALD’S”).

1. AGE RESTRICTION

THE APPLICATION MAY ONLY BE USED BY INDIVIDUALS AGED EIGHTEEN (18) YEARS OR OLDER. IF YOU ARE TEN (10) YEARS OR OLDER BUT UNDER THE AGE OF EIGHTEEN (18) YEARS, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN BEFORE PROCEEDING TO MAKE SURE YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THEM. SHOULD YOUR PARENT OR GUARDIAN NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE APPLICATION AND DISCONTINUE ITS USE.

2. LICENSE, INSTALLATION AND USE RIGHTS

It is your responsibility to ensure your mobile device meets all the necessary technical specifications to enable you to access and use the Application. You are granted a personal, non-exclusive and non-transferable license to install and use the Application on mobile devices you personally own or control pursuant to these Terms. Apple Applications are only licensed for use on a device owned or controlled by you and using the iOS, so you must make sure that you use an appropriate device to access and use any Apple Application. Other Applications may only be used on a device owned or controlled by you running the OS for which the Other Application concerned was designed. You may not install or use the Application on a device you do not own or control. The Application is provided for lawful purposes only and is protected by intellectual property laws and treaties. Modification or use of the Application for any other purpose violates McDonald's intellectual property rights. The Application is licensed, not sold. Any and all rights in the Application are and shall remain the exclusive property of McDonald’s and/or its licensors. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, you. You are only entitled to the limited use of the Application granted to you in these Terms. You will not take any action to jeopardize, limit or interfere with McDonald’s and/or its licensor’s rights. Any costs associated with downloading, installing, accessing and using the Application remain your responsibility and are dependent on your mobile device service provider. You must not use the Application while sitting in the driver’s seat of a vehicle (or other form of transport) that is moving or otherwise stationary but not in “park”. You must comply with all applicable rules and regulations before and while using the Application. In the interest of safety at all times, you should only use the Application when it is lawful and safe to do so. You are responsible for maintaining the strict confidentiality of your account details and you are responsible for any activity under your account. You agree to immediately notify McDonald’s of any unauthorized use of your account or password or any other breach of security. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and to notify McDonald’s when you desire to cancel your Account. McDonald’s will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

3. RESTRICTIONS ON USE

You may not: decompile, reverse engineer, disassemble, otherwise convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert, the Application to a human perceivable form; make copies of the Application; distribute or republish, upload, post or transmit the Application in any way; resell, rent, lease or lend the Application; or transfer the Application or this Terms to any third party. If you download software from the Application, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by McDonald's or its licensor, as applicable.

4. RESTRICTION OF LIABILITY

McDonald's will not be liable for any damages or injury caused by the use of, or the inability to use, the Application, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. McDonald's will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the Application, even if there is negligence on McDonald's or whether an authorized McDonald representative has been advised of the possibility of such damages, or both. For the purpose of this section, McDonald’s means McDonald’s and each of our affiliated companies, franchisors, franchisees, licensors, officers, employees, consultants and agents.

5. USER INFORMATION USE

You agree that McDonald’s may collect and use the information you have provided at the “sign up” page, technical data about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of McDonald’s service, software updates and support related to the Application. By registering your information with the Application, you agree and consent to McDonald’s and its subsidiaries and agent’s collecting, storing, and analyzing your behaviors, purchasing history, information provided at “sign up” page and personally identifiable data to perform predictive analytics so that McDonald’s can better market to you. Information shared with McDonald’s when using the Application will be used solely in accordance with McDonald’s Privacy Policy.

6. EMAIL COMMUNICATIONS

McDonald’s may use the information you provide in registering for and using the Application to communicate with you regarding the Application and other special offers and /or promotions available to you provided that you agree to such use of your personal information. These communications may be directed to your e-mail address provided to McDonald’s by you. You have a choice in how we communicate with you by adjusting your Application profile settings and to unsubscribe your receipt of marketing and/or promotional materials by email to our customer services atcustomer.relations@hk.mcd.com.

7. PUSH NOTIFICATIONS

Upon download of the Application, if you register and are signed-in to your account, you will be provided the option to opt-in to receiving push notifications from McDonald’s on your device and within the Application. This may include promotional communications, offers and system messages pushed to the device or within the Application mailbox (“Push Notifications”). You may, at any time following download of this Application, opt-out of receiving Push Notifications by adjusting the McDonald’s Notifications switch within your device’s settings to completely opt-out of Push Notifications. Opting-out of Push Notifications will not affect your settings with respect to Email Communications within the Application.

8. JURISDICTION

Unless described otherwise, the Application is made available only to provide information about McDonald's. McDonald's Hong Kong controls and operates this Application in Hong Kong and makes no representation that these materials are appropriate or available for use in other locations. If you use this Application from other locations you are responsible for compliance with applicable local laws.

9. DISCLAIMER

THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MCDONALD'S MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE APPLICATION AND ANY MATERIALS THEREIN ARE PROVIDED "AS IS", ON AN “AS AVAILABLE BASIS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MCDONALD'S DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. MCDONALD'S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCDONALD'S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MCDONALD’S DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION. YOU (AND NOT MCDONALD'S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MCDONALD’S FOR DISSATISFACTION WITH THE APPLICATION OR ANY CONTENT IS TO STOP USING THE APPLICATION OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
FOR THE PURPOSE OF THIS SECTION, “MCDONALD’S” MEANS MCDONALD’S AND EACH OF OUR AFFILIATED COMPANIES, FRANCHISEES, LICENSORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS.

10. EXTERNAL LINKS

The Application may contain downloadable materials as well as links to external third party sites. McDonald's is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that McDonald's cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this Application, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

11. SOCIAL NETWORKING SERVICE LOGIN

The Application may also permit you to login to the Application using your existing login information from a social networking service, such as Facebook or other social networking platforms (as the case may be) in place of creating a new login account specifically for the Application (“Third Party Services”). McDonald’s has no control over, makes no representations or warranties whatsoever about any of the Third Party Services that you may access, is not responsible for the availability of such Third Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, from those third parties.

12. TRADEMARK INFORMATION

McDonald's may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by decommissioning the Application. You may terminate these Terms at any time for any reason without notice to McDonald’s by removing the Application from your device.

14. CHANGES

McDonald’s reserves the right to change the information, services and resources available on the Application and to revise these Terms at any time and at its sole discretion by changing these Terms with proper notice within the Application or by posting revisions on a McDonald’s website, as the case may be. It is your responsibility to check the terms and conditions periodically for changes. By continuing to access or use of the Application following such changes to the Terms will constitute acceptance of such changes. McDonald’s reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if McDonald’s so chooses. If you do not agree to the new terms, please stop using the Application.

15. MISCELLANEOUS

These Terms and Conditions will be governed by and construed in accordance with the laws of Hong Kong notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Application for illegal purposes will be provided to law enforcement authorities and is otherwise subject to production as required by law. These Terms including any supplements and updates is the entire Terms between the parties relating to the use of the Application. McDonald’s may amend this provision at any time.
In the case of discrepancies between the English and Chinese versions, the English version shall prevail.

16. SUPPORT SERVICES

If you have any questions or comments regarding the Application, please contact us at
MHK Restaurants Limited (a McDonald’s Franchised Business)
36/F., Dorset House, Taikoo Place,
979 King’s Road,
Quarry Bay,
Hong Kong
Telephone: ‪852-2880 7300‬‬‬‬‬‬‬‬‬‬

24 Hours McDelivery

Terms and Conditions

By using this website, and submitting any order via, our iPhone app and Android app ("mobile app") or telephone ordering service through 2338 2338 of 24Hours McDelivery® of McDonald’s Hong Kong (“McDonald’s”) , you signify your consent to these Terms and Conditions, namely, the Order Terms, Terms of Use and Privacy Policy (collectively, "Terms and Conditions").

This website is directed solely at persons accessing the website from the Hong Kong Special Administrative Region ("Hong Kong").

ORDER TERMS

  • No delivery fee will be levied for any McDelivery® order made via mobile app or telephone ordering service over HK$70 to the same delivery address. Delivery fee of HK$20 will be levied on any order below HK$70.

  • The payment choices are either cash or debit/credit card (VISA/MasterCard/JCB) for orders via mobile app.

    • Where payment is made by debit/credit card (VISA/MasterCard/JCB), you acknowledge agree and consent that your personal data such as your name and debit/credit card number may be collected by third parties (located within and outside of Hong Kong) processing such debit/credit card transactions, including debit/credit card companies, banks and payment gateways, and, subject to their respective personal data privacy policies and applicable laws, may be used, processed and stored by such third parties to facilitate payments that you now or subsequently make for orders placed.

    • For the Privacy Policy for Payment Gateway Services (VISA/MasterCard/JCB), please refer towww.mastercard.com/gateway/privacy/privacy.html

  • For McDelivery® telephone orders, only cash payment is allowed when you order from telephone ordering service.。

  • Cash payment shall be made at point of delivery of food. Cash payment shall be made in Hong Kong dollars only and do not accept HK$1,000 banknote at the time of delivery.

  • Delivery service is only available in selected areas of Hong Kong. Please call our McDelivery® hotline at 2338 2338 for details.

    • Delivery service by McDelivery® may be delayed in the event of bad weather, traffic and/or uncontrollable conditions. Delivery service will be suspended during black rainstorm warning, or the hoisting of typhoon signal no. 8 or above.

  • Product information pricing and images available at mobile app or telephone ordering service are for reference only. Availability of products may vary at individual restaurants. Prices and products listed herein are subject to change by McDonald's from time to time without prior notice. Customers should refer to prices and products quoted at the time of order.

  • Mobile app ordering or telephone ordering cannot be made in conjunction with other discounts, special or promotional offer unless otherwise specified. Food Coupons and Gift Certificates of McDonald's® and McCafé® will not be accepted unless otherwise specified.

  • Different food and beverage items are available at different times. Breakfast menu orders made via mobile app or telephone ordering service are taken from 3:45am until 10:45am and regular menu orders are taken from 10:45am until 3:45am via mobile app or telephone ordering.

  • McDelivery® service is available for the food and beverage items listed in the mobile app McDelivery® service is only available for selected McCafé® drinks.

  • McDelivery® service is not available for Create Your Taste™ food.

  • For any purchase of Happy Meal(s)® and/or Happy Meal toy(s), McDonald's reserves the right to select the type of toy(s) to be delivered.

  • For any Chicken McNuggets® purchase, Chicken McNuggets® sauce will be provided free of charge - one free sauce unit for the purchase of 4 pcs. or 6 pcs. of Chicken McNuggets®, two free sauce units for the purchase of 9 pcs, and four free sauce units for the purchase of 18 pcs. For the purchase of other non-Chicken McNuggets® related food and/or a request of additional Chicken McNuggets® sauce unit, HK$1 will be charged each sauce unit.

  • For any Hotcakes purchase, 2 packs of margarine will be provided free of charge.

  • Burger Lovers Combo and themed sharing combo are only available for mobile app ordering or telephone ordering with no dine-in.

    • Enjoy an extra treat with standard price food order of each All-new Meal Combo or Sharing Combo by mobile app or Telephone Ordering orders.

TERMS OF USE

Registration

You should provide true, accurate and complete registration and ordering information.

As part of the registration process for mobile app ordering you will be asked to select a password and you will be responsible for all activities occurring under your username (email address) and for keeping your password secure. You can use the same registration login for the mobile app ordering. You shall be responsible for updating your registration information. McDonald's reserves the right to refuse the registration of a potential customer, or to terminate the registration of any customer, for any reason whatsoever.

Product Information

Product information, pricing and images available at mobile app or telephone ordering service are for reference only. McDonald's will make every effort to ensure that the prices and product information contained therein are correct. McDonald's reserves the right to vary prices and other product information without prior notice. Availability of products may vary at individual restaurants. Customers should refer to prices and products quoted at the time of McDelivery® order.

Ordering

You will be liable for every order made under your username (email address), whether via mobile app or telephone ordering service and agree to indemnify McDonald's for all claims arising from the actions of a person submitting any order using your username (including the unauthorized use of your email address by a third party).

McDonald's reserves the right to decline to accept any order we may, in our opinion, consider unreliable upon checking the user's history for that particular order.

Deliveries

Deliveries for mobile app or telephone ordering service are available 24 hours in selected areas of Hong Kong which are subject to change from time to time. You must notify McDonald's of a change to your delivery address before placing an order and if you fail to do so we will not be responsible for deliveries to an incorrect or outdated address.

McDelivery® service may be delayed in the event of bad weather, traffic and/or uncontrollable conditions. McDelivery® service will be suspended during black rainstorm warning, or the hoisting of typhoon signal no. 8 or above.

Whilst McDonald's will use our best efforts to ensure that your order submitted through the mobile app or telephone ordering service is correctly and satisfactorily fulfilled, McDonald's reserves the right to decline to fulfill an order in whole or in part if we are unable to supply some or all items of an order because of unavailability or any unforeseen change of the products, or in the event of bad weather, traffic and/or any uncontrollable conditions.

Payment

Payment for products ordered through the mobile app ordering (if cash payment is selected) and telephone ordering service shall be made on delivery by cash in Hong Kong dollars only and do not accept HK$1,000 banknote. McDonald's may change at any time the method by which payments for telephone orders may be made and McDonald's will revise these Terms and Conditions to this effect by updating this posting.

Online Payment
For all McDelivery® online payments (applicable to mobile app ordering), you represent and warrant that you have obtained your credit card legally and have the capacity to enter into an online payment transaction. Your order cannot be revised or cancelled after completion of your McDelivery® online payment. For all payment enquiries, please contact your credit card issuing bank.

Collection of Data and Privacy Policy

McDonald's Privacy Policy will apply to any personal information, including but not limited to, first and last names, phone numbers, addresses and email addresses, which are voluntarily submitted by you when using this website and when ordering from us through the mobile app or telephone ordering service. Such personal information collected from you will be used for processing and following up your orders and payments and for other directly related purposes. You may view and/or correct your personal information by updating "My Personal Information" in your account.

We would also like to send you direct marketing communications with respect to offers or promotions in relation to McDonald's food and beverages and related products, catering and delivery services and events, games and activities ("Marketing Materials") but we cannot do so unless you indicate your consent to receive Marketing Materials from McDonald's by checking the relevant tick box when you register for use of our mobile app or telephone ordering service.

You will also receive oral notification of our intention to send you Marketing Materials when placing your order through our McDelivery® telephone ordering service. Your consent to such use of your personal information will be sought by our telephone operator at the time of your order and subsequently confirmed by us in writing within 14 days of your telephone order.

If at any time you decide you no longer wish to receive direct marketing communications from us, you may withdraw your consent by updating "My Personal Information" in your account or indicating your opt-out to our telephone operator when you place an order with our telephone ordering service.

Please refer to our Privacy Policy (which forms part of these Terms and Conditions) to see how we collect, use or disclose personal information that we may collect from you. Please check our official website (www.mcdonalds.com.hk) for the most up-to-date version of our Privacy Policy.

Intellectual Property Rights

All contents of this website and the mobile app or telephone ordering system, including, without limitation, audios, text, photos, graphics, icons, images and trademarks, are protected by copyright, trademark and other intellectual property rights owned or controlled by McDonald's and/or our affiliated companies or by third parties. All contents of this website and the mobile app or telephone ordering system are intended only for personal use. You may not copy, reproduce, upload, download, transmit, modify, alter, decompile, reverse engineer, decode, resell or distribute in any way the contents or any part of this website or the r telephone ordering system for any purpose without our prior written permission. All concepts and systems relating to the telephone ordering service shall at all times remain the property of McDonald's.

Use of McDonald’sApp Ordering System

You agree to abide by all applicable laws and regulations and are solely responsible for your acts or omissions in the course of your use of this website and/or the mobile app ordering system. You agree not to (i) create a false or misleading identity of a user of the mobile app ordering service; (ii) interfere with another user's use and enjoyment of this website or mobile app ordering service; (iii) attempt to gain unauthorized access to the mobile app ordering service or other accounts, computer systems or networks connected to that service; (iv) collect email addresses, passwords or other personal information of other users of the mobile app ordering service; (v) transmit, email or post any material that contains software, viruses or such programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or devices; (vi) reformat or frame any portion of this website or the mobile app ordering system; or (vii) use this website or the mobile app ordering service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the mobile app ordering system or our services.

Limitation of Liability

To the extent permitted by law, McDonald's disclaims any warranty of any kind, whether express or implied, in connection with the web, mobile app or telephone ordering system and your use thereof. To the extent permitted by law, McDonald's disclaims any liability for the accuracy, content or completeness of the information on this website, or for the reliability, operability, security or availability of the website mobile app or telephone ordering service. For the purpose of this section, "McDonald's" means McDonald's and each of our affiliated companies, franchisees, licensors, officers, employees, consultants and agents.

To the extent permitted by law, McDonald's shall not be liable for any direct, indirect, special, incidental, or consequential damages (including damages for loss of revenue, profits, goodwill or data) arising in contract, tort or otherwise (including negligence) out of any use of, or inability to use, this website or the mobile app or telephone ordering service, including (i) any errors, mistakes, or inaccuracies of contents of this website; or mobile app or telephone ordering service (ii) any personal injury or property damage (including damage to computer or mobile device) of any nature whatsoever resulting from your access to and use of this website or mobile app or telephone ordering service; (iii) any unauthorized access to or use of this website or mobile app or telephone ordering service and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from this website or the mobile app ordering system; or (v) any bugs, viruses or the like which may be transmitted to or through this website or the mobile app ordering system.

In no event shall McDonald's be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or causes beyond our reasonable control including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, shortages of labor or materials, fires, floods, storms, explosions, acts of God or delays or non-performance by third parties.

Miscellaneous

These Terms and Conditions will be governed by and construed in accordance with the laws of Hong Kong, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.

We reserve the right to change the information, services and resources available on this website and to revise these Terms and Conditions by updating this posting at any time. If for any reason a court finds any provision of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. The applicability of these Terms and Conditions shall survive any termination of your registration for the mobile app ordering system and/or telephone ordering service.

These Terms and Conditions are updated as of February 2021. In the case of discrepancies between the English and Chinese versions, the English version shall prevail.

How to Contact Us

If you have any questions regarding these Terms and Conditions, please contact us at
McDonald’s Hong Kong
36/F, Dorset House, Taikoo Place,
979 King's Road,
Quarry Bay, Hong Kong
Telephone: 852-2880 7300