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Are you feeling lucky?MYMACCA’S CLUB
TERMS AND CONDITIONS
IMPORTANT RULES
1. The mymacca’s club (Club), the mymacca’s mobile ordering application (Application), the McDelivery® platform (McDelivery Platform), 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. 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.
3. 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.
4. If you do not agree with these Terms and Conditions, you should not use the Service.
5. We can change, suspend or terminate the Service (or any part of it) at any time without prior notice.
6. 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
7. 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.
8. You cannot join the Club if you are under 14.
9. 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).
10. 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.
11. You can manage your Account via the Website, including changing any of the information provided and deleting your Account.
12. We can refuse membership and Account registration requests. This includes where you have previously been banned from the Website or another website.
13. 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.
14. 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.
15. 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.
16. The Club will continue for as long as we decide.
17. 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.
18. We also run other promotions and competitions outside the Club. They are run in accordance with their own terms and conditions.
BENEFITS
19. 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.
20. 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.
21. To redeem a Benefit, you must follow the instructions provided by McDonald’s and/or the Benefit Partner. 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.
22. 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.
23. Subject to 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
CONTRIBUTIONS
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
33. 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.
34. 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.
35. 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
36. 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.
37. 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.
38. When you place an order, you purchase the meal items you have selected and you will be given a unique order code.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
SIGN IN
44. In order to use the McDelivery Platform 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, you accept these Terms and Conditions in relation to the Club.
PAYMENT
45. 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.
46. 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
47. 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.
48. 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.
49. 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. 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
50. 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.
51. 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.
52. It is your responsibility to ensure that your food or beverage order is consistent with your dietary requirements including any intolerances or allergies.
USE OF THE SERVICE
53. You download, install, access and use the Service at your own risk and cost, including Internet service provider costs.
54. All material and logos on the Service remain our property.
55. You must not use the Service for commercial purposes.
56. You must not attempt to decompile, reverse engineer, disassemble or otherwise convert the Service.
57. The Service is only for use in Australia.
58. Use your own judgement when using the Service and take care of your personal safety. In particular, never use the Service when driving.
59. 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.
60. 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).
PRIVACY
61. 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.
62. 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.
63. 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.
64. 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.
65. 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.
GENERAL
66. 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.
67. 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.
68. 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.
69. 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.
70. 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.
71. 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.
72. The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
73. 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.
74. Our decision in relation to all aspects of the Club is final and no correspondence will be entered into.
GOVERNING LAW & AMENDMENTS
75. 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.
76. 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.
CONTACT DETAILS
77. You may contact McDonald’s vi
mail: McDonald’s Australia Limited 21 – 29 Central Avenue, Thornleigh NSW 2120;
telephone: 02 9875 7100; and
email: mcfeedback@au.mcd.com.