McDonald’s Hong Kong App

Terms and Conditions
Last Updated: May 2024

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”); ANDFOR 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 AND CONDITIONS”) 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 AND CONDITIONS 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 AND CONDITIONS, 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 and Conditions. 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 and Conditions 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 and Conditions. 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. PRODUCT INFORMATION

Product information, pricing and images available at the Application 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. Please refer to prices and products quoted at the time of order.

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$1.5 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 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 orders.

4. ORDERS

4.1 Ordering
You will be liable for every order made under your username (email address) via this Application 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.

4.2 Payment
McDonald’s reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. McDonald’s does not store your credit card or payment information. You must ensure that you have sufficient funds to fulfil payment of your order.

4.3 Mobile order Pick-up
In the event of unreasonable delays in picking up an order attributable to you, you bear the risk of any damage or loss of products or any deterioration in quality or change in condition of the products (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the products. You alone are responsible for inspecting the product/order when you pick-up your order and shall report any issues and/or defects to McDonald’s before leaving the relevant McDonald’s restaurant.

4.4 Promotions
From time to time, McDonald’s may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers. These promotional materials and offers are subject to validity periods, redemption periods, and in certain cases, may only be used once. Individual Terms and Conditions apply. McDonald’s reserves the right to void, discontinue or reject the use of any promotional offers without prior notice.

5. 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 and Conditions 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.

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 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 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 the mobile app ordering system; or (vii) use 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.

6. 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.

7. 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 mobile app 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 the mobile app, or for the reliability, operability, security or availability of the mobile app . 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, the mobile app, including (i) any errors, mistakes, or inaccuracies of contents of mobile app(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 mobile app; (iii) any unauthorized access to or use of mobile app and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the mobile app ordering system; or (v) any bugs, viruses or the like which may be transmitted to or through 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.

8. 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.

9. 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.

10. 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.

11. 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 ordering from us through the mobile app. 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 .
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.

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 (https://mcdonalds.com.hk/privacy-policy/) for the most up-to-date version of our Privacy Policy.

12. 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.

13. 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.

14. 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.

15. SOCIAL NETWORKING SERVICE LOGIN

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.

16. INTELLECTUAL PROPERTY RIGHTS

The trademarks used within the Application are owned or licensed by McDonald’s Corporation and its affiliates. All third party trademarks are the property of the respective trademark owner. All contents of the mobile app, 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 the mobile app 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 the mobile app for any purpose without our prior written permission. All concepts and systems relating to the mobile app shall at all times remain the property of McDonald’s.

17. TERMINATION

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

18. CHANGES

McDonald’s reserves the right to change the information, services and resources available on the Application and to revise these Terms and Conditions 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 and Conditions 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.

19. 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 and Conditions 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 and Conditions including any supplements and updates is the entire Terms between the parties relating to the use of the Application.

In the case of discrepancies between the English and Chinese versions, the English version shall prevail.

We reserve the right to change the information, services, and resources available and to revise these Terms and Conditions by updating this posting at any time.

The applicability of these Terms and Conditions shall survive any termination of your registration for the mobile app ordering system.

20. SUPPORT SERVICES

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