Agreement and Legal Capacity
You represent that you have read and understood these terms, and that you have the legal capacity to agree to be bound by these terms.
Use of the online services by any person under the age of 13 is prohibited.
Minors who are at least 13 years old may only use the online services under the supervision of an adult responsible for them. It is that adult’s sole responsibility to monitor the minor’s use of the online services to determine what services and content are appropriate for the minor. Please note that there are parental control products or services available that may assist in this task, none of which is endorsed by or affiliated with us.
Availability of Services
Although some or all the online services may be available in jurisdictions other than Puerto Rico, they are intended only for consumers in Puerto Rico. McDonald's makes no representation that the online services are appropriate or available outside of Puerto Rico. If you use the online services from other locations, you are responsible for compliance with applicable local laws. In addition, although the online services may be available throughout Puerto Rico, they may describe products or services that may not be available everywhere in Puerto Rico.
Technical Requirements and Costs
You are solely responsible for any devices, operating systems, software, and services needed to use the online services. McDonald’s does not guarantee that the online services will fully function on any particular device or with any particular operating system, software, or service. You are also solely responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means. You acknowledge that certain uses of the online services (such as using them on a mobile device) may result in higher costs to you than other uses of the online services.You may only use the online services with devices that you own or control and using only the authorized operating system (for example, iOS for Apple devices).
Changes to the Online Services
McDonald’s may update, modify, limit, or terminate the online services (or your access to them) from time to time and without prior notice, including (but not limited to) by pushing updates to any McDonald’s mobile app that you have installed on your device. Such changes may include (but are not limited to) imposing fees for use of the online services.
Changes to These Terms
McDonald's may amend or substitute these terms without prior notice at any time and at its sole discretion. If McDonald’s makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that your account be closed.
Accounts and Account Termination
If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
Independent Businesses and Restaurants
While we operate and control the online services, we may not be responsible for the operation of many or most restaurants. Many or most restaurants may instead be owned and operated by our independent franchisees or subsidiaries (such franchisees and subsidiaries are together, “restaurants”). Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products or services to you, and for any employment related matters in the restaurant.
Communications from Us
If you do not want to receive marketing communications from us, you can later opt out by following the opt-out instructions in the marketing communications we send you. You can also generally find your communication preferences with instructions on how to opt out in the profile section of the online services that you use. You may also be able to change your communications preferences using your device settings. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account.
If you do opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages.
You have the possibility of receiving deals through the online services. The following general terms apply to the deals: (1) the deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (for example, certain non-breakfast deals may not be available at breakfast serving times); (3) unless otherwise stated each deal expires on redemption; (4) only one deal can be used per restaurant visit; (5) deals are not transferable; and (6) there is no cash alternative. In addition, there may be specific terms that apply to the deal which are stated on the app next to the deal.
Rights to the Online Services and License
All rights in the online services are and shall remain the exclusive property of McDonald’s or its licensors. For purposes of clarity, “online services” includes all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, audio clips, video clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed to you as provided below, not sold to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with McDonald’s or its licensors’ rights.
Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. McDonald’s reserves all other rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of McDonald’s or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, audio, video, questions, complaints or other information posted or communicated to McDonald’s through the online services (together, “submissions”).
You understand and agree that by submitting any information to McDonald’s through the online services, you grant McDonald's a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, practice, disclose, reproduce, distribute, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, in any existing or yet to be developed medium, for any commercial or other purpose whatsoever, without approval from or compensation to you or any other person. This license includes (but is not limited to) the right to sublicense. To the full extent permitted by law and required to effectuate this license, you waive any and all moral rights of authorship related to the submissions. McDonald’s will not be required to treat any submissions as confidential.
We have the sole and absolute discretion to decide whether, in what way, and for how long to store and make available the submissions. We may make or modify such decisions at any time and without prior notice. Such decisions may include (but are not limited to) the decision to reject or remove the submissions provided by any particular user or class of users.
We do not endorse the content provided by other users of the website, and assume no responsibility for such content. This includes (but is not limited to) content that may be obscene, immoral, offensive, defamatory, threatening or intimidating, stalking, a violation of privacy, a violation of intellectual property rights, or related to criminal conduct.
You agree not to provide submissions that are illegal, contrary to these terms, or inappropriate. This includes (but not limited to) submissions that are obscene, immoral, offensive, defamatory, threatening or intimidating, stalking, a violation of privacy, a violation of intellectual property rights, or related to criminal conduct. As part of our right to decide whether, in what way, and for how long to store and make available submissions, we may at any time and without prior notice reject or remove any submissions that constitute a breach of this paragraph or other provisions of these terms. Nevertheless, we have no obligation to review the submissions provided by you or other users of the online services, nor to reject or remove such submissions if they constitute a breach of this paragraph.
You represent and warrant that you have exclusive and unrestricted ownership of all the intellectual property rights and other rights to your submissions, or that you have obtained and paid for all licenses or permissions that may be necessary for you to submit said submissions subject to these terms. You represent and warrant that your submissions subject to these terms will not (i) violate any law or regulation nor (ii) infringe any third party’s rights, including (but not limited to) any third party’s intellectual property rights, other tangible or intangible property rights, privacy rights, reputational rights, or contractual rights. You represent and warrant that there are no pending or potential legal actions or claims that may affect the other representations and warranties contained in this paragraph. We have no obligation to conduct an investigation as to whether the representations contained in this paragraph are correct, and the representations and warranties contained in this paragraph will be fully effective regardless of whether or not we conduct such an investigation.
Acceptable Uses and Restrictions
With respect to the online services (which includes content), you may not, and may not allow third parties, to:
a) Use the online services for any purpose or in any way that is unlawful or prohibited or not authorized by these terms, including but not limited to fraud, copyright infringement, unlawful or unauthorized access to systems or networks belonging to other persons, distribution of viruses through the Internet, or any activity that interrupts or interferes with the effective use of the app;
b) Delete or change any copyright, trademark or other proprietary notices;
c) Attempt to obtain ownership or title to the online services, including the content;
d) Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
e) Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
f) Disassemble, decompile, reverse engineer, copy in source or object code format, or create derivate works based on the online services;
g) Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
h) Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
i) Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, McDonald’s network or any user accounts associated with the online services.
If you breach the provisions of this section or any other provision of these terms, we may without prior notice prevent you from accessing the online services, and we may seek any other remedies available to us under the applicable laws and regulations.
Liability and Indemnification
NEITHER McDONALD’S NOR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT McDONALD’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY McDONALD’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.
McDonald’s reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
You agree to indemnify, defend and hold us harmless for and against all claims and liabilities (as defined below) to the extent caused by any of the following: (i) your breach of your obligations, your misrepresentations, your omissions, or your failures of warranty pursuant to these terms; (ii) your violation (or act or omission causing us to be in violation) of any law or regulation; (iii) your negligence or intentional misconduct or omission (whether or not within the scope of employment, agency or subcontract); (iv) any claim by a third party that pertains to or arises out of your obligations to such party; or (v) any service or product sold or provided by you. The term “claims and liabilities” as used in this paragraph includes (but is not limited to) all claims, demands, suits, complaints, accusations, indictments, causes of action, out-of-pocket expenses, losses, damages, judgments, resolutions, orders, settlements, penalties, fines, sanctions, debts, liabilities, costs and expenses, whether extra-judicial or judicial, whether administrative, civil or criminal, and whether in law or equity, including reasonable attorneys’ and consultants' fees, court costs and other expenses of litigation or administrative proceedings. You will notify us promptly if you become aware of any claims and liabilities. You agree to cooperate in the defense or settlement of all claims and liabilities, you agree that we may (but are not obligated to) appear at our expense through counsel of our own choice, and you agree not to settle (and that you lack the unilateral right to settle) any claims and liabilities without our prior written consent, which consent shall not be unreasonably delayed or withheld. This paragraph establishes your obligations to defend, indemnify and hold us harmless; it will not be construed to create any obligation on our part to defend, indemnify and hold you harmless, and you agree that we have no obligation whatsoever to defend, indemnify and hold you harmless.
Disclaimer of Warranties
The online services may include inaccuracies or errors. McDONALD’s PROVIDES THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. McDONALD'S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. McDONALD'S DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Third Party Services
The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. McDonald’s does not endorse and is not associated with any of these third party services. NEITHER McDONALD’S NOR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES. NEITHER McDONALD’S NOR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM HAVE ANY RESPONSIBILITY for McDONALD’S FAILURE TO PERFORM any of its obligations under these terms caused by or related to any event beyond McDonald’s reasonable control. If such an event occurs, then McDonald’s obligations under these terms will be suspended for the duration of the event; and McDonald’s may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
These terms will be governed and interpreted pursuant to the laws of the Commonwealth of Puerto Rico (including all applicable federal laws), without giving effect to principles of conflict of laws. In case of a dispute, BOTH YOU AND MCDONALD’S AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
Although these terms govern the online services as between you and McDonald’s only (and no other Members of the McDonald’s System are parties to these terms), all other Members of the McDonald’s System are third party beneficiaries under these terms and will have the right to enforce against you those rights that McDonald’s holds under these terms to the extent such terms may pertain to them; there are no other third party beneficiaries under these terms.
On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of McDonald’s and other Members of the McDonald’s System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and the waiver of the right to trial by jury.
The headings of these terms are to facilitate reference only. They are not a part of these terms, and shall not affect the interpretation hereof.
Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If McDonald’s fails to insist that you perform any of your obligations under these terms, or if McDonald’s does not enforce its rights against you, or delays in doing so, that will not mean that McDonald’s has waived its rights against you and will not mean that you do not have to comply with those obligations.
McDonald’s may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if McDonald’s agrees in writing.