Terms and Conditions for McDonald’s Online Services
Last updated May 2023
By installing, accessing or using any websites, apps, email newsletters and subscriptions, and other digital properties that reference these terms (together, “online services”), you are entering into a binding agreement in respect of your use of the online services with McDonald’s Restaurants Limited (“McDonald’s”, “we”, “us” or “our”), in the United Kingdom. If you do not agree to these terms, you must not use our online services.
You should also review our Privacy Statement which describes how we collect, use and share information.
The online services are not intended to be used by, or targeted to, anyone under the age of 18 years old. You must be at least 18 years old to use the online services.
If you are under the age of 18, then you must immediately stop using the online services and request that McDonald’s close any online services account that you have created. You can request account deletion through the McDonald’s app by heading to ‘More’ > ‘Profile’ and selecting ‘Delete Account’ or by contacting us using the Contact Us section on our website.
1. About us and the online services.
About McDonald’s. McDonald’s Restaurants Limited (company number 1002769, VAT number GB 371057172) controls and operates the online services from our headquarters at 11-59 High Road, East Finchley, London, N2 8AW, United Kingdom.
Availability of products and services. McDonald's products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.
Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. If you are the driver of a vehicle or other mode of transport, make sure you are lawfully parked before using the online services. You must not use the online services while you are the driver of a moving, or stationary but not lawfully parked, vehicle or other mode of transport. In the interest of safety, you should always only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts. You are responsible for any devices, 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 software. You are also 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 that you choose. You may only use the online services with devices that you own or control and using only the authorised operating systems (e.g., Apple iOS for Apple devices). If you create an online services account (where applicable), you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and you must always keep your account information accurate. If you download or stream our online services onto a mobile device or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the mobile device or other device.
Closing your account If you are a registered user of our mobile app, you can request account deletion by heading to ‘More’ > ‘Profile’ and selecting ‘Delete Account’. You can also request account deletion by contacting us using the Contact Us section on our website.
McDonald’s right to update or terminate the online services. You understand and consent that (with or without notice) McDonald’s may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any app that you have installed on your device.
Information set out on the online services. The information made available through the online services is not intended to be legally binding and you should not consider it as a representation on any matter. Some restaurants do not sell all products. Differences may be due to your device’s display of colours or factors such as the ingredients used, the supplier, and the region of the country and the season of the year. As a result, the products described through the online services may not be identical to the product served in a restaurant.
Updates to these terms. McDonald's may also update these terms 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 McDonald’s close any online services account that you have created (see ‘Closing your account’ above).
Independent businesses operate many restaurants. Whilst McDonald’s operates and controls the online services, it is not responsible for the operation of all restaurants. Many restaurants are instead operated by independent franchisees of McDonald’s. Each franchisee is independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment related matters in their restaurant. The full name and address of the restaurant operator can be found on your receipt.
Links to job opportunities from the online services. McDonald's and its franchisees are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by McDonald’s or by its franchisees. This means that the business that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. Neither McDonald’s nor its parent company control franchisees’ employment policies and practices. Neither McDonald’s nor its parent company employ independent franchisees. If you are hired by a restaurant operated by a franchisee, only that franchisee, and not McDonald’s or its parent company, will be your employer.
How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section on our website. You can also contact us through the McDonald’s app by going to the ‘More’ tab and selecting ‘Customer Service’. You can also write to us at: McDonald's Restaurants Limited, Customer Services, 11-59 High Road, East Finchley, London N2 8AW.
Prize Promotions. If you enter any prize promotions featured on the online services, separate terms and conditions will apply for that prize promotion.
2. Our information practices and communications with you.
McDonald’s Privacy Statement. Our Privacy Statement describes our information practices, including how we collect, use and share your personal information. It also sets out rights that you have in respect of your personal information, including the right of access to, and right to request erasure of, your personal information.
How we communicate with you. Through the online services, you may opt in to receive marketing communications from us. When you opt-in to any of these types of communications, you understand and consent that that you will receive marketing communications. McDonald’s may also send you transactional and other service-related messages using the information you have provided to us in accordance with our Privacy Statement.
Opting-out of communications generally. You have a choice as to how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the ‘profile’ section of the McDonald’s app. You may also be able to change your communication preferences using your device settings (for example by turning off push notifications through your device settings). In addition, our communications may include the opportunity to opt out of marketing communications. You understand and agree that you may need to separately manage your communication preferences for each communication method and type of communication. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. 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. Lastly, please note that if you are receiving communications from a McDonald’s franchisee, then you will need to opt out from them directly.
3. Sending Pickup orders to restaurants for collection by you.
This section applies to your use of the McDonald’s app to send Pickup orders to restaurants that accept such orders through the app (‘participating restaurants’).
This section does not apply to McDelivery. For the terms and conditions that apply to McDelivery, please see the separate Terms and Conditions of Sale for McDelivery set out at the end of this page.
The contract for your Pickup order.
Once you have placed your order through the McDonald’s app, you will need to go to the participating restaurant yourself to collect and pay for your order. No contract is made when you place your order through the app. The contract for your order is formed only when you collect and pay for your order at the participating restaurant. The contract for your purchase of the products will be between you and the business that operates the participating restaurant (which will be McDonald’s or one of its franchisees). The participating restaurant is responsible for preparing the products and providing them to you. The terms and conditions of sale that apply at the participating restaurant will apply to your order.
Please read this section before you send any orders to participating restaurants using the app. Please see the app FAQs for more information about ordering. At present this functionality is only available on the McDonald’s app. It is not available on our other online services (such as our website).
About the ordering functionality and eligibility.
- The ordering functionality on our app provides you with a convenient way of building orders for products that you can submit to a participating restaurant before you arrive at the participating restaurant.
- You must register an account in order to use the ordering functionality of our app. You may only purchase products using the app if you are at least 18 years old. Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) to use with your orders. You can only submit orders to participating restaurants - not all restaurants choose to make their products available via ordering. You will need to enable location services on your device for the ordering function to work properly.
Building your Pickup order. Use the ‘Order’ tab in the McDonald’s app to select menu items and build your order. When you’re finished, select ‘Choose Payment’ to tell us how you want to pay for your order (but note you do not make your purchase and are not charged until you confirm your order - see ‘Confirming your order at a participating restaurant’ below for further information). After you’ve confirmed your payment method, you can head to any restaurant (see ‘Travelling to a participating restaurant’ below). Pickup orders must be collected in person from a participating restaurant.
Travelling to a participating restaurant. When you are ready to collect your order, you can travel to any participating restaurant - it doesn’t need to be the same participating restaurant that you initially submitted your order to, but if you collect your order from a different participating restaurant, please be aware that product availability and prices may vary (see ‘Updated order totals at check in’ for further information).
Confirming your Pickup order at a participating restaurant. Once you are at a participating restaurant, you can collect your order from inside the restaurant, at the Drive-Thru, or through Click & Serve (subject to availability).
- Collecting from inside a participating restaurant: use the McDonald’s app to check in to the participating restaurant and select how you would like to receive your order (Eat In, Table Service or Takeaway, where available) and click the ‘Pay Now’ button.
- Collecting via Drive-Thru: there’s no need to use the McDonald’s app after you’ve placed your order – simply drive straight to the speaker post and confirming your order at the speaker post with the attendant (please take a note of your four digit order number before you start your journey).
- Click & Serve: drive to the restaurant and park your car in a parking bay. Once you’re parked and your engine is off, open the McDonald’s app and check in to the participating restaurant by selecting ‘Click & Serve’ when asked how you would like to receive your order. You’ll be asked to enter the bay number that our crew will bring your order to, and then click the ‘Pay Now’ button to complete your order.
Your order will then be prepared by the participating restaurant and made available to you for collection. Please note your order will not be placed, and you will not pay for your order, unless and until you have made your selection (as described above) or confirmed your order at Drive-Thru. For more information about payment, please see ‘Paying for your order’ below.
Registering your payment method and verifying transactions. McDonald’s and the participating restaurants use third party providers to securely store your payment card information and process your payments to participating restaurants. You understand and agree that, when you register a payment card, McDonald’s or its third-party providers may verify that the payment card you registered is valid. Participating restaurants may ask you for additional information in order to verify your purchase.
Prices when building your order. The business operating each restaurant independently determines its own prices and the offers that it participates in, so prices may vary between participating restaurants and certain offers may not be available at the participating restaurant you have chosen. Prices include VAT at the current UK rate. If, when building your order, you select a different participating restaurant to the one that you collect your order from, you may be charged a different price to the one displayed to you via our app.
Updated order totals at check in. Updated order totals at order confirmation at a participating restaurant can result from changes in products, pricing, taxes or other fees required by law due to your arrival at a different participating restaurant than the participating restaurant that you originally selected when you built your order (see ‘About the prices in ordering’ above). Updated order totals can also result from the unavailability of certain products, changes in price, or other reasons.
Cancelling your order, refunds and your consumer rights. You can update or abandon your order at any time until you confirm your order at a participating restaurant (see ‘Confirming your order at a participating restaurant’ above). However, once you confirm your order at a participating restaurant, you cannot cancel your order. If you wish to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact Customer Services (see ‘How to contact us’ above). Your legal rights are not affected by anything in these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau.
Food ingredients and allergens. Restaurants produce food in kitchens where allergens are handled by restaurant staff, and where equipment and utensils are used for multiple menu items, including those containing allergens. Although your meal is prepared with care, neither
we nor any restaurant can guarantee it will be allergen free, even after ingredients have been removed on request. You can view ingredients, including allergens and nutritional information, under the Nutritional Information section per product within our online services including the app and also on our website.
You may have the possibility of receiving offers through the online services. The following general terms apply to the offers: (1) the offer may only be available through that particular online service and for the product shown and subject to availability, in restaurants that participate in the offer only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) only one offer can be used per transaction; (5) offers are not transferable; and (6) there is no cash alternative. In addition, there may be specific terms that apply to the offer which are set out next to the offer.
5. Ownership and Licenses for the online services.
McDonald’s intellectual property ownership. Any and 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 any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, digital downloads, data compilations, software, trade marks, 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, 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.
Your license to use the online services. 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 solely in accordance with these terms. For purposes of clarity, “use” includes accessing, interacting with, and displaying. 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.
Trade mark information. Trade marks, service marks, trading names, logos, and all graphical elements, including the look and feel appearing on the online services, whether registered or unregistered, are distinctive and protected trade marks or trade dress of McDonald’s or licensors. The online services may also contain various third-party names, trade marks, and service marks that are the property of their respective owners. Nothing in these terms may be interpreted as granting any licence or right to use any of these trade marks or other types of right without our written permission beforehand, or the written permission of the third-party owner of such right.
6. User submissions and unsolicited ideas
User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to McDonald’s through the online services (together, “submissions”). You understand 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, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Unless required by law, McDonald’s will not be required to treat any submissions as confidential.
Unsolicited ideas. It is McDonald’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider McDonald’s, we’re unable to review new ideas from outside the McDonald’s system. You expressly waive any and all claims against McDonald’s and its licensees in connection with McDonald’s and/or its licensees’ consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.
7. Intellectual Property Rights
All intellectual property rights on or relating to our online services belong to McDonald’s or its licensors and the rights on our online services are licensed (not sold) to you. You have no intellectual property rights in, or to, the online services other than the rights to use them in accordance with these terms.
Third party intellectual property rights. KRAFT and PHILADELPHIA are registered trade marks of Kraft Foods used under licence. Where the Rainforest Alliance certification is shown, these products contain 100% Arabica coffee beans, grown on Rainforest Alliance Certified™ farms. Coca-Cola, Fanta and Sprite are registered trademarks of The Coca-Cola Company. Oasis is a registered trade mark of Atlantic Industries. Buxton® Reg. trademark. PG tips is a registered trademark of Unilever. Cadbury, Dairy Milk, and Oreo are registered trade marks of Mondelez International. Smarties is a registered trade mark of Nestlé S.A. Maltesers is a registered trade mark of Mars, Incorporated. The Apple logo and Apple Pay are trade marks of Apple Inc. Google Play and the Google Pay logo are trade marks of Google LLC.
8. Acceptable uses and restrictions for the online services.
Acceptable uses and other 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 that is unlawful or prohibited by these terms;
b) Delete or change any copyright, trade mark, 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 derivative 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;
h) Use or launch any unauthorised 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 unauthorised access to the online services, McDonald’s network or any user accounts associated with the online services.
9. Limitations on liability and disclaimers.
Nothing in these terms in any way excludes or limits our liability for:
· death or personal injury caused by our negligence
· fraud or fraudulent misrepresentation
· any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
· any breach of the terms implied by Part 1 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); or
· defective products under the Consumer Protection Act 1987.
Limitations on McDonald’s liability. MCDONALD’S SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR BUSINESS DAMAGE (INCLUDING LOSS OF OPPORTUNITY), SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY (EXCEPT WHERE CAUSED BY MCDONALD’S NEGLIGENCE), OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES. McDonald’s reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
If we are liable to you in relation to your use of our online services (whether in contract, tort (including negligence) or otherwise, our maximum liability to you will be £50. We shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time that you used our online services.
The online services are provided to you for domestic and private use only. You agree not to use the online services for any commercial, business or resale purposes, and we shall not have any liability to you for any loss that you suffer as a result of any such use.
McDonald’s provides the online services “AS-IS” and without any 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 SUITABILITY 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. NEITHER WE NOR ANY OTHER PERSON OR ORGANISATION INVOLVED IN PRODUCING OR DELIVERING THE ONLINE SERVICES ARE RESPONSIBLE FOR, NOR SHALL BE LIABLE (TO THE FULLEST EXTENT PERMITTED BY LAW) FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOU ACCESSING, USING OR BROWSING THE SITE OR DOWNLOADING ANY CONTENT FROM THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST McDONALD’S FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND US.
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 own 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. McDONALD’S HAS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD-PARTY SERVICES.
Events beyond our control. McDONALD’S HAS NO RESPONSIBILITY FOR McDONALD’S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS TO THE EXTENT 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 endeavours to find a solution by which its obligations under these terms may be performed despite the event.
For the avoidance of doubt, this Section 9 applies to your use of the McDonald’s app, including when placing McDelivery orders, as the McDonald’s app is part of our online services. However, it does not apply to the contract for purchases of McDelivery orders. Please see the Terms and Conditions of Sale for McDelivery set out at the end of this page for more information about how we limit our liability in relation to McDelivery orders.
10. Apple and Android (Google) Applications
If you are using an iOS app: These terms incorporate and supplement the Apple, Inc. (“Apple”) Media Services Terms and Conditions (available at http://www.apple.com/legal/internet-services/itunes/), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through one of our iOS apps (“Apple Application”), you also acknowledge and agree:
- Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Application, please contact McDonald’s, not Apple, using the Contact Us section on our website;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and McDonald’s (and not between you, or anyone else, and Apple); and
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim.
If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application (if applicable) to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
If you are using an Android (Google) app: These terms incorporate and supplement the Google Play Terms of Service (available at https://play.google.com/intl/en_uk/about/play-terms/index.html).
- McDonald's makes no representation that the online services are appropriate or available outside of the United Kingdom. If you use the online services from other locations, you are responsible for compliance with applicable local laws.
- These terms will be governed and interpreted pursuant to English law, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts in England and Wales for purposes of any legal action arising out of or related to these terms or the online services.
- Although these terms govern the online services as between McDonald’s and you only (and although Apple is not a party to these terms), Apple is a third party beneficiary 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 beneficiaries under these terms.
- The terms are written in English.
- On termination of these terms or of your permission to use the online services, all rights granted to you under these 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, 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.
- 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 organisation 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.
Terms and Conditions of Sale for McDelivery
Last updated: May 2023
These McDelivery terms and conditions of sale (“McDelivery Terms”) apply to you when you purchase McDonald’s food and beverages for delivery through our McDelivery service on the McDonald’s mobile app (“App”). When you place a McDelivery order through our App, you are entering into a binding agreement in respect of your order. In particular, please ensure you have read and understood Section 9 (Liability), which explains how we limit our liability to you.
Our Terms and Conditions for McDonald’s Online Services (above) also apply to your access to and use of our App and other online services. Please see Section 2, which explains how we collect, use and share your personal data and includes a link to our Privacy Statement.
Please read these McDelivery Terms, Our Terms and Conditions for McDonald’s Online Services and our Privacy Statement. carefully to make sure you understand them. If you do not agree to our terms, you must not use our McDelivery service or any of our other online services.
If there is a conflict or inconsistency between these McDelivery Terms and our Terms and Conditions for McDonald’s Online Services, these McDelivery Terms shall take priority to the extent necessary to resolve the conflict or inconsistency.
Our McDelivery service and our other online services are only available to those aged 18 and over. If you are under the age of 18, please stop using these services and request that McDonald’s closes any online services account that you have created. You can request account deletion through the App by heading to ‘More’ > ‘Profile’ and selecting ‘Delete Account’ or by contacting us using the Contact Us section on our website.
These McDelivery Terms do not apply to:
· Pickup orders placed on our App for collection by you from a McDonald’s restaurant. Please see Section 3 of our Terms and Conditions for McDonald’s Online Services for more information about Pickup orders.
· Delivery orders placed with Uber Eats and Just Eat on their own websites and mobile app. Please see the terms and conditions of Uber Eats and Just Eat for the applicable terms of sale that apply to delivery orders fulfilled by those delivery partners.
1 About us and the McDelivery Service
1.1 About McDonald’s. McDonald’s Restaurants Limited (company number 1002769, VAT number GB 371057172) (“McDonald’s”, “we”, “us” or “our”) controls and operates the McDelivery service from our headquarters at 11-59 High Road, East Finchley, London, N2 8AW, United Kingdom.
1.2 About McDelivery. McDelivery is our home delivery service and is available only on the App. McDelivery allows you to order your McDonald’s favourites for delivery straight to your door, for you to enjoy from the comfort of your own home. You can find answers to frequently asked questions about McDelivery here You can find answers to frequently asked questions about McDelivery here
1.3 About McDonald’s restaurants. McDonald’s restaurants located in the United Kingdom (England, Scotland, Wales and Northern Ireland only) are owned and operated either by us directly or by one of our franchise partners (“Franchisees”).
1.4 Responsibility for your order. When you place a McDelivery order, you are making an agreement (a contract) with the owner and operator of the McDonald’s restaurant that will fulfil your order. If we operate the McDonald’s restaurant, your contract will be with us, McDonald’s. If one of our Franchisees operates the McDonald’s restaurant, we will accept the order on their behalf (as agent) and your contract will be with the Franchisee. Our Franchisees operate under the trading name “McDonald’s”.
2 Eligibility And Registration
2.1 You must be 18. You must be at least 18 years old to use the McDelivery service and our other online services.
2.2 You must register. You must register an account on the App to place a McDelivery order. By registering an account on the App, you confirm that you are at least 18 years old and that you are legally able to enter into a contract to purchase McDonald’s products.
2.3 How to register. To register an account on the App, you must provide your name and email address. We will also ask for your post code to help us identify your nearest McDonald’s restaurant.
2.4 Register a payment card. Before you submit a McDelivery order, you must register the debit card or credit card that you wish to use to pay for your McDelivery orders. You must only register your own payment card. We use third-party providers to securely store your payment card information and process your payments for your McDelivery orders. You understand and agree that, when you register a payment card, McDonald’s or its third-party providers may verify that the payment card you registered is valid. You may be asked to provide additional verification information when you place a McDelivery order.
2.5 Account security. You will also be asked to set up a password to protect your account. Your password should not be used for any other online account and you must not share your password with anyone. You are responsible for all activity on your account, except where you can demonstrate that your account has been used fraudulently, so please keep your account details secure. If you have reason to believe that your account has been accessed without your permission, please let us know immediately using the contact details set out below. If we have reason to believe that your account has been compromised, we may suspend your account temporarily while we investigate.
2.6 Account verification. When you first register an account, we will send you a verification email to the email you used to create your account. Before you are able to start using your account, you must click on the link in the email to verify your account.
3. Placing a McDelivery order
3.1 Select McDelivery. To place a McDelivery order, open the App, select “Order” from the menu at the bottom of the screen. In the “Order” menu, select the “McDelivery” option at the top of the screen.
3.2 Set your delivery address. Insert your delivery address and the App will find the closest McDonald’s restaurant to you. In most cases, there will be a McDonald’s restaurant able to deliver to you. However, this will depend on the location of your delivery address. In some cases, you may find that there is no McDonald’s restaurant close enough to deliver to you. Sometimes, you may find that your closest McDonald’s restaurant is closed for a particular reason. Unfortunately, if there are no McDonald’s restaurants close enough to deliver to you, we will not be able to accept your McDelivery order. However, you may still be able to place a Pickup order for collection at a McDonald’s restaurant – for more information on placing a Pickup order, please see Section 3 of our Terms and Conditions for McDonald’s Online Services.
3.3 Build your McDelivery order. Build your McDelivery order by selecting the menu items you wish to order and adding them to your bag. If you wish to customise a menu item, simply select the “Customise?” option for that menu item where available and make your selections.
3.4 McDelivery prices. The price of menu items in each McDonald’s restaurant and the offers that it participates in may vary from one McDonald’s restaurant to another, and certain offers may not be available at some McDonald’s restaurants. The price of menu items available for McDelivery also differs to the price of menu items available in McDonald’s restaurants. All prices include VAT at the current UK rate.
3.5 Delivery fee. In addition to the price of the menu items, you will pay a delivery fee for your McDelivery order and this will be notified to you when you select your delivery address and will be confirmed in your order summary. All delivery fees include VAT at the current UK rate.
3.6 Service fee. Some McDonald’s restaurants charge a service fee on McDelivery orders. If the McDonald’s restaurant fulfilling your order charges a service fee, this will be notified to you when you select your delivery address and will be confirmed in your order summary. All service fees include VAT at the current UK rate.
3.7 Review your McDelivery order. When you have selected everything you wish to order, click on the “Checkout Now” option to go to the “Your Order” summary page. Here, you can review all the details of your McDelivery order, including your delivery address, the menu items selected, the prices of those menu items, the delivery fee, the service fee (if applicable) and the total cost of your order. We will also ask for your telephone number at this stage, so that we are able to reach you if we need to contact you about your McDelivery order. Please check all details carefully, as you cannot change your McDelivery order once it has been submitted.
3.8 Select your payment card. Once you have checked your McDelivery order details are correct, select the payment card you wish to use to pay for your McDelivery order. You are responsible for the payment of your McDelivery order, so please check your payment card details are correct and up-to-date and that there are sufficient funds available to you before submitting your order.
3.9 Pay for your McDelivery order. Once you have selected your payment card, press the “Pay” button to complete and pay for your McDelivery order. By pressing the “Pay” button you are authorising us to take immediate full payment for your McDelivery order, including the delivery fee. Payment for your menu items is taken by us on behalf of the operator of the McDonald’s restaurant that is responsible for your McDelivery order (which will be either us or one of our Franchisees).
3.10 Confirmation of your McDelivery order. Once you have submitted your McDelivery order, we will process the order and, if we accept it, we will send you confirmation of your order by email. Your order confirmation will include an order number and order summary. At this point, the contract for your McDelivery order will be made between you and the owner and operator of the McDonald’s restaurant responsible for your McDelivery order.
3.11 If we cannot accept your McDelivery order. In certain circumstances we may be unable to accept your McDelivery order. This may happen, for example, if we are unable to take full payment for your McDelivery order or if the McDonald’s restaurant responsible for your McDelivery order is unable to fulfil your order for whatever reason, including where it may be out of stock of certain items that you have ordered. If we are unable to accept your McDelivery order, we will notify you by email. If we have already taken payment for your McDelivery order, we will refund you as soon as possible but in any case, we aim to provide a refund within seven (7) days.
3.12 McDelivery orders are for your own consumption only. You must only place McDelivery orders for your own consumption and not for business reasons. Our menu items are not for sale to resellers or to intermediaries acting on behalf of resellers. You agree not to resell our menu items or to make them available for resale.
3.13 Tipping your delivery driver. From time to time, we may include functionality that allows you to add a discretionary tip for your delivery driver. Where we offer this functionality, you can add the tip to your basket when paying for your McDelivery order. Tipping is entirely voluntary and 100% of the tip will go to your delivery driver.
4 McDonald’s menu items
4.1 Menu items available for McDelivery orders. Almost the entire McDonald’s menu is available to your McDelivery order. Currently, the only exceptions are ice cream cones, drinks with cream on the top (such as Frappes) and promotional McCafé hot drinks.
4.2 Unavailability and substitution of menu items. We always do our best to ensure that McDonald’s restaurants are fully stocked and can fulfil all McDelivery orders. However, this may not always be possible and occasionally you may find that certain menu items are not available for McDelivery. This may be the case if the McDonald’s restaurant is out of stock or if certain food preparation machinery is out of service (such as the milkshake machine). If we are aware of the issue at the time you place your McDelivery order, we will notify you within the App and you will not be able to order the relevant menu item. If a menu item becomes unavailable after you have placed your McDelivery order, we may be unable to fulfil your order. In these circumstances, we reserve the right to cancel your McDelivery order (either in full or just in respect of the unavailable menu item), in which case we will notify you and refund you accordingly.
4.3 Description of menu items. The App includes detailed descriptions and images of menu items available for McDelivery. We do our best to keep all descriptions and images accurate and up to date. However, each menu item is prepared by hand in the kitchen and, while we always try to ensure consistency in the appearance and presentation of menu items, there may be slight variations from time to time.
4.4 Food ingredients and allergens. McDonald’s restaurants produce food in kitchens where allergens are handled by restaurant staff, and where equipment and utensils are used for multiple menu items, including those containing allergens. Although your meal is prepared with care, neither we nor any McDonald’s restaurant can guarantee that it will be allergen free, even after ingredients have been removed on request. You can view the list of ingredients as well as all applicable allergen and nutritional information under the “Nutritional Information” section for each menu item within the App and also on our website.
5 Tracking and delivery
5.1 Track your order. Once you place your McDelivery order, you will be able to track the progress of your McDelivery order on the App.
5.2 Delivery times. We aim to deliver to you as soon as we can and will do our best to do so within 45 to 60 minutes of the time that we accept your McDelivery order. However, the time it takes for your McDelivery order to reach you will depend on a number of factors, including how busy the McDonald’s restaurant is when you place your order, the availability of delivery drivers, traffic, weather and general driving conditions. Our App will give you an “estimated arrival” time and a “latest arrival” time, but please be aware that these times are targets only and are not guaranteed.
5.3 Early delivery. Your McDonald’s restaurant will be working to get your McDelivery order to you as soon as possible and, in some cases, it may be delivered earlier than estimated, so please ensure someone is available to take delivery as soon as you place your McDelivery order.
5.4 Delivery address. Your delivery driver will deliver to the address specified in your McDelivery order. This cannot be changed once your order has been placed, so please ensure you provide accurate information and contact us as soon as possible if you have made a mistake.
5.5 Access to your delivery address. Your delivery driver will deliver your McDelivery order to the main front door of your delivery address. Therefore, if your delivery address is an apartment, office building, hotel or other similar building, your delivery driver will only deliver to the main entrance or reception, so please ensure you are able to meet them there when they arrive.
5.6 Your order must be handed to you. You must take physical delivery of your McDelivery order. Your delivery driver will not leave your McDelivery order unattended and will not be able to leave it on your doorstop or in any other “safe” place.
5.7 Delivery attempts. Your delivery driver will only make one attempt to deliver your McDelivery order, so please track your order on our App and ensure that you are available to take delivery on arrival. If you fail to take delivery of your McDelivery order (and your failure is not caused by us, the McDonald’s restaurant or your delivery driver), you will still be charged for your order, including for any delivery fees. This may happen, for example, if you fail to answer your door or you have provided the incorrect delivery address.
5.8 Delays. From time to time, your McDelivery order may be delayed for reasons outside our control. We will keep you updated on the estimated delivery time of your McDelivery order through the App.
5.9 Be nice to your delivery driver. Your delivery driver will do their very best to get your McDelivery order to you as soon as possible, come rain or shine, so please be kind and treat them with the same courtesy they show you. We reserve the right to refuse or cancel your McDelivery order if we receive reports of aggressive, violent or abusive behaviour about you from delivery drivers. If we refuse to deliver a McDelivery order you have placed as a result of your conduct, you will still be required to pay for the order and no refund will be issued.
5.10 Delivery queries. If you have a query about your delivery, for example, if your delivery hasn’t arrived when you were expecting it to, please contact the customer support team of our delivery partner, Uber Eats, on 0800 088 5663.
6 Changes and cancellation
6.1 Changes and cancellation by you. You can update or leave your McDelivery order at any time up until you press the “Pay” button to complete and pay for your McDelivery order. However, you cannot change or cancel your McDelivery order after this time except in the limited circumstances described in Section 7 (Problems with your McDelivery Order). This is because once you have submitted the order and we have accepted it, your McDonald’s restaurant will start work on your McDelivery order straight away so that it is prepared and delivered to you as quickly as possible.
6.2 No right to change your mind. The legal right to change your mind and cancel a contract during the “cooling off” period does not apply to McDelivery orders. This is because the products that we sell are food and drink products that deteriorate or expire rapidly.
6.3 Cancellation by us. On rare occasions, your McDelivery order may need to be cancelled by us or the relevant McDonald’s restaurant. This may happen because of a problem at the McDonald’s restaurant, a serious delay or other problem with delivery or for some other reason beyond our reasonable control. In these cases, we will notify you and ensure that you receive a full refund as soon as possible.
7 Problems with your McDelivery order
7.1 Our legal duty. The operator of the McDonald’s restaurant that fulfils your McDelivery order (which will be either us or one of our Franchisees) has a legal duty to supply goods that are in conformity with the contract. Under the Consumer Rights Act 2015, goods must, among other things, be as described, of satisfactory quality and fit for any particular purpose that you tell us about at the time of your order (provided we have agreed to it). Where any aspect of your McDelivery order does not conform with the contract, then you may be entitled to a refund, replacement, or price reduction. This may be the case, for example, where the wrong menu items have been delivered, the menu items are not fit for consumption, or the delivery is significantly delayed and the delay has not been caused by you. You can find more detailed information about your legal rights through the Citizens Advice website at https://www.citizensadvice.org.uk/ or by calling them on 0808 223 1133.
7.2 If there is a problem. If you believe there is a problem with your McDelivery order, please contact us straight away so that we can investigate properly.
7.3 Issues with delivery. For delivery issues, please contact the customer support team of our delivery partner, Uber Eats, on 0800 088 5663.
7.4 Issues with menu items. For issues relating to menu items, please contact the customer support team of our delivery partner, Uber Eats, on 0800 088 5663.
7.5 We will investigate problems. When we investigate a problem with a McDelivery order, we work closely with our delivery partner, Uber Eats, to understand the problem and find a resolution. We may request more information or a photograph if appropriate. If we agree that your McDelivery order does not comply with your legal rights, and this was not caused by you, you may be entitled to a partial or full refund or replacement. Any refund or replacement will be limited to the affected menu items forming part of your McDelivery order. However, if the problem affects your entire McDelivery order, we will also issue a refund of the delivery fee.
7.6 How we investigate. When we investigate problems with McDelivery orders, we will speak to the relevant McDonald’s restaurant and delivery driver (if applicable) and we will take into account your order history and any other relevant factors. If we reasonably conclude that your McDelivery order did comply with your legal rights or that you have caused or contributed to the problem with your McDelivery order, we may refuse to refund you or reduce the amount of any refund.
7.7 Cooperation with us. If you do not contact us straight away about a problem with your McDelivery order, or you fail to provide any information requested by us, this may hinder our ability to investigate properly, in which case we may be unable to resolve the issue for you or provide a refund.
8 Complaints and dispute resolution
8.1 Complaints. If you have a complaint relating to your McDelivery order, we will do our best to resolve the problem for you. Please contact us using our contact details set out at the beginning of our Terms of Sale.
8.2 Alternative dispute resolution. If our complaints-handling procedure is exhausted and we have not been able to resolve your complaint, we will provide you with the name and website address of an alternative dispute resolution (“ADR”) provider that would be competent to deal with your complaint. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you make a request for the dispute to be settled by ADR, we will consider whether we wish to participate in ADR but we are not obliged by law to participate.
9.1 Our liability when you use our App. This Section 9 does not apply to your use of our App. Our liability to you relating to your use of our App is set out in Section 9 of our Terms and Conditions for McDonald’s Online Services.
9.2 Liability of McDonald’s restaurants. The operator of the McDonald’s restaurant that fulfils your McDelivery order (which will be either us or one of our Franchisees) is responsible to you for the menu items that make up your McDelivery order and for the delivery of your McDelivery order.
9.3 Where we do not limit or exclude liability. Nothing in these McDelivery Terms limits or excludes our liability or the liability of our Franchisees: (a) for death or personal injury caused by our or their negligence; (b) for fraud; (c) for breach of your legal rights described in Section 7.1 (Our Legal Duty); (d) for defective products under the Consumer Rights Act 1987; or (e) for any other liability that cannot be lawfully limited or excluded.
9.4 Responsibility to you for foreseeable loss and damage caused by us. If we or one of our Franchisees (as applicable) fail to comply with these McDelivery Terms, we or the relevant Franchisee is responsible for any loss you may suffer that is a foreseeable result of our or the relevant Franchisee’s breach of contract or failure to use reasonable care and skill. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.
9.5 No responsibility for unexpected loss. We and our Franchisees are not responsible for any loss or damage to the extent that it was not foreseeable, which means that it was not obvious when you placed your order that you would suffer that loss or damage and nothing you said to us before placing your order meant that we should have expected it (so, in the law, the loss was “unforeseeable”).
9.6 No responsibility for avoidable loss. We and our Franchisees are not responsible for any loss or damage you suffer to the extent that it could have been avoided by you by taking reasonable action.
9.7 No responsibility for loss or damage not caused by us. We and our Franchisees are not responsible to you for any loss or damage to the extent that it is not caused by us or that it is caused by any event or circumstance beyond our reasonable control or the reasonable control of our Franchisees.
9.8 No responsibility for business losses. The McDelivery service is intended for personal and private use only. If you place a McDelivery order for any commercial, business or re-sale purpose, we and our Franchisees will have no responsibility to you whatsoever for any: (a) loss of profit; (b) loss of business; (c) business interruption; (d) loss of business opportunity; (e) loss of goodwill or reputation; or (e) indirect or consequential loss or damage of any kind.
9.9 Your responsibility to us. You are responsible to us and our Franchisees (as applicable) for any loss or damage we and/or our Franchisees suffer that is a foreseeable result of your breach of these McDelivery Terms or your failure to use reasonable care and skill.
10 Data protection
10.1 We care about your personal data and do our best to look after it. Please see Section 3 of our Terms and Conditions for McDonald’s Online Services, which explains how your personal data is used and includes a link to our Privacy Statement.
11.1 Changes to these McDelivery Terms. We may change these McDelivery Terms at any time and for any reason. However, any changes will not affect any existing McDelivery order that was placed by you and accepted by us prior to the change coming into effect. Always check these McDelivery Terms before placing a McDelivery order to ensure you are aware of any changes that may have occurred since your last McDelivery order. The date of the current version of these McDelivery Terms is set out at the top of these McDelivery Terms.
11.2 Assignment and other dealings. The contract for your McDelivery order is personal to you. You may not assign, sub-license or otherwise transfer any of your rights under the contract. We may transfer, assign, charge, sub-contract and/or otherwise deal with a contract at any time.
11.3 Invalidity of these McDelivery Terms. If any provision of these McDelivery Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these McDelivery Terms, which will remain in full force and effect.
11.4 No waiver of rights. If we fail at any time to insist on strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this does not constitute a waiver of our rights or remedies and does not relieve you from compliance with your obligations. A waiver by us of any default does not constitute a waiver of any subsequent default. No waiver by us of any of these McDelivery Terms is effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12 Law and Jurisdiction
12.1 Applicable law. English law will apply to these McDelivery Terms and your McDelivery order, although if you are resident in a different part of the United Kingdom, you will retain the benefit of any mandatory protections given to you by the laws of that part of the United Kingdom.
12.2 Applicable courts. The English courts will have exclusive jurisdiction over any claim relating to these McDelivery Terms and/or your McDelivery order, except that residents of other parts of the United Kingdom may bring a claim in their local courts.