IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”). THEY CONTAIN LIMITATIONS ON McDONALD’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR RIGHTS.
By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with McDonald’s developmental licensee PROSPECT HOSPITALITY CO., LTD. (“McDonald’s”, “we” or “us”), which it controls and operates from its headquarters at 3F, No.1, LinSen S.Rd., Zhongzheng District, Taipei, Taiwan (R.O.C.).
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. You must be at least 18 years old to use the online services. If you are not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that McDonald’s close any online services account that you have created. Please refer to “1. About the online services > How to contact us” for requesting account deletion, please also include the email address of the account that you want deleted.
1. About the online services
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 authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You must keep your account information accurate at all times.
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 McDonald’s mobile app that you have installed on your device.
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. To close or delete your account, please refer to “1. About the online services > How to contact us” and include the email address of the account that you want deleted as well.
How to contact us. If you have any questions or comments regarding the online services, please contact us:
PROSPECT HOSPITALITY CO., LTD. (McDonald’s developmental licensee) Customer Services
E-mail: customerservice@tw.mcd.com
Phone: 0800-211321(for mobile: 02-8066-1056)
2. Our information practices and communicate with you.
McDonald’s Privacy Statement. The McDonald’s Privacy Statement (https://www.mcdonalds.com/tw/zh-tw/privacy-policy.html) describes our information practices, including how we collect, use and share information.
How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from McDonald’s. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from McDonald’s. McDonald’s may use the information you have provided to us to communicate with you in accordance with McDonald’s Privacy Statement.
Opting out of communications generally. You have a choice in 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 online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. 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.
3. McDonald’s Loyalty Program
Qualification and registration
The McDonald’s Loyalty Program is to show our gratitude to our customers. To access the offers and rewards under the McDonald’s Loyalty Program, you must be registered as a member of the McDonald’s APP (hereinafter referred to as the “McDonald’s member” or “Member”) and agree to the terms therein.
How do I become a McDonald’s member?
You can download the McDonald’s APP (titled as “McDonald’s”) via the App Store or Google Play and register for a membership account. After completion of registration, you will become a member. During the registration process, you need to provide the following information on the application page: email, mobile number, full name, gender, date of birth and account password.
Each email is allowed for the application of one membership account only, and multiple registration under one email account will not be granted. As a Member, you shall be responsible for prompt updates in case there is a change in names, email or any other information under your account. Should there be a loss of benefits due to failure of prompt data update, or incorrect information (for example, incorrect email address), we will not be held liable.
If you wish to delete the account, please select “Delete Account” under “My Account” in the APP anytime, and the account will be deleted afterward; all corresponding M Point, rewards and offers will also be deleted along with the account and cannot be refunded nor redeemed accordingly. The deletion will also include your relevant transaction records and personal data. Therefore, we advise cautious planning on the account deletion to avoid loss of accumulated rewards and benefits. Once the account is deleted, no recovery can be made. Should you wish to enjoy the membership benefits and access relevant functions within the APP, you will be required to register for a new account.
Benefits for McDonald’s members
Offers
You will receive offers from the McDonald’s APP. The applicable terms for offers are as follows:
(1). The offers are specified to certain online services and shall be redeemed prior to its expiry date. In addition, they are only applicable for items displayed, limited to use at designated participating restaurants and subject to availability.
(2). The availability of the offers is subject to restaurant serving time (e.g. offers for non-breakfast meals are not provided during breakfast hours).
(3). Unless separate terms of use are provided, each offer can only be redeemed once and becomes invalid after redemption.
(4). Unless separate terms of use are provided, each redemption is limited to one offer-designated meal. Exchange of items or upgrade with increased price is not allowed.
(5). The offers cannot be transferred, exchanged for cash or other alternatives, nor separated, sold or resold. The use of offers is only limited to McDonald’s restaurants that we operate.
(6). The offers can only be used by scanning the offer QR code or the offer code at the counter, Self-Order Kiosk in store or Drive Thru.
(7). In addition, there may possibly be other specific terms and conditions applicable to the offer, which will be notified and explained separately.
(8). Only the offers provided from the McDonald’s APP are valid and capable of redeeming the benefits contained. The offer only redeemable only by the registered member of the McDonald’s APP account and cannot be sold. McDonald’s does not warrant the authenticity of any offers obtained via other methods.
(9). We hold the right to delete all unused offers from the system.
(10). Whether in whole or in part, offers that are incomplete or mechanically duplicated, forged, generated with third-party software, or received via other automated or mechanical use of the McDonald’s APP will not be accepted.
(11). Should you delete the membership account of the McDonald’s APP, all unused offers under such account will be cleared and reset to zero simultaneously and cannot be converted into cash or other merchandise as a refund, nor will they be redistributed.
(12). The offers cannot be used in some of the McDonald’s restaurants. Please see McDonald’s website for more information.
How to use the offers?
You may use the offer via the methods below:
(1). Scan the offer QR code or present the offer code at the restaurant counter.
(2). Scan the offer QR code or type in the offer code at the Self-Order Kiosk.
(3). Read out the valid offer code to staff attending to your order at a Drive Thru.
M Point
Should you hold the membership account of the McDonald’s APP, when dining at participating McDonald’s restaurant in Taiwan, or using the same account username and password to log in to McDelivery Service to order, each NT$1 of spend may earn 1 M Point (i.e. NT$20 will earn 20 M Point, and so on). The system will distribute M Point earned into your membership account within 24 hours after transaction (excluding special factors such as network disconnection), which can be found under the membership records in the McDonald’s APP. All transaction records are subject to final records in the McDonald’s system.
You can earn M Point through the process below (If you do not follow this process at the time of purchase you will not earn M point or have any recourse to claim the point.):
(1). At the counter our self-ordering kiosk by scanning your membership QR code.
(2). At the Drive Thru by reading out the alphanumeric code to the crew member attending to your order.
(3). Via our McDelivery services and logging in with McDonald’s App account username and password.
(4). Not applicable for Some McDonald’s restaurants. Please see McDonald’s website for more information.
If you do not follow this process at the time of purchase, you will not earn points or have any recourse to claim the points.
M Point expire at the end of the month after the year earned. (e.g., for 20 M Point obtained on October 26, 2023, these 20 M Point will be valid till October 31, 2024, and so on). No extension can be made post the expiry date of M Point. Therefore, please be aware to redeem your rewards prior to expiry of the M Point.
From time to time, McDonald’s may offer bonus campaigns or M Point accelerators that allow you to earn M Point in new and different ways. Further information regarding any bonus campaign or promotions shall be made available in the context of such campaign or promotion. Your account holds a maximum of 50,000 M Point at any one time. Once you have reached the maximum M Point, no more M Point will be granted from subsequent transactions. McDonald’s is entitled to amend relevant constraints and terms on M Point. Such an amendment can be implemented with or without notification in advance.
Using your M Point to redeem reward items.
Your M Point earned from purchases or participating in member exclusive events through the McDonald’s APP can be used to redeem free products in the rewards menu, which may change from time to time. The applicable terms are as follows:
(1). The use of M Point to redeem reward items is only limited to rewards displayed in the APP. After completion of redemption, M Point cannot be returned to you, and the expired M Point may not be used to redeem reward items.
(2). The reward items shall be used prior to their expiration date specified. Its use is limited to participating restaurants and subject to availability.
(3). The availability of the reward item is subject to restaurant serving time (e.g., reward items for non-breakfast meals are not provided during breakfast hours).
(4). Each reward coupon is limited to one use only and will become invalid after use.
(5). Each redemption is limited to the item displayed and can use one reward item per transaction. Exchange of items, item upgrade with additional payment is not allowed.
(6). The meals redeemed from rewards are subject to availability. Please redeem at a McDonald’s restaurant according to instructions. In case any restaurant is unable to provide the meal (or any portion of the meal) displayed on the reward item due to any reason whatsoever, such restaurant is entitled to substitute one or multiple products at an equivalent or higher price.
(7). The rewards are neither transferable, nor can they be exchanged for cash or other alternatives. Neither can they be sold or resold separately. The use of the rewards is only limited to McDonald’s restaurants that we operate.
(8). The reward items can only be redeemed at the restaurant counter, Self-Order Kiosk or Drive Thru, and are not applicable for “McDelivery” service. In addition, there may possibly be other terms and conditions of specific events applicable to the reward coupons. For the particular terms, please refer to the description of relevant events for details. Only the reward provided from the McDonald’s APP is valid and capable of redemption. The reward items are only redeemable for use by the holder of the McDonald’s APP member account and not for resale. McDonald’s does not warrant the authenticity of any reward items obtained via other methods.
(9). We reserve the right to delete all unused reward items from the system.
(10). Whether in whole or in part, rewards within the app that are incomplete or mechanically duplicated, forged, generated with third-party software, or received via other automated or mechanical use of the McDonald’s APP will not be accepted.
(11). Should you delete the membership account of the McDonald’s APP, all unused reward items and M Point under such account will be cleared and reset to zero simultaneously, and cannot be converted into cash or other merchandise as a refund, nor will they be redistributed.
(12). The methods of using reward items are identical with offers, meaning they can be used by scanning the QR code or presenting the alpha-numeric code of the reward item at the counter, Self-Order Kiosk in store or Drive Thru.
(13). Rewards cannot be used in some of the McDonald’s restaurants. Please see McDonald’s website for more information.
Returns and membership deletion.
(1).McDonald’s is entitled to remove M Point at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products included in the loyalty scheme with an equivalent points value. The same applies to the exchange of purchased products, except for products of the same or higher value.
(2). Should you decide to delete the membership account of the McDonald’s APP and never use it again, the accumulated unused offers, reward items and M Point under such account will be cleared and reset to zero simultaneously and cannot be converted into cash or returned with other merchandises as refund, nor will they be redistributed. Also please note, neither offers, reward items, nor M Point can be transferred to different membership accounts.
Suspicious Activity
We are entitled to take any action we consider appropriate, including removing or suspending your account if we detect any suspicious activity concerning your account including but not limited to:
(i) engaging in illegal or fraudulent activities;
(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to McDonald’s or the participating restaurant; or
(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any benefit, offers, reward items, or M Point other than in accordance with these terms and conditions; or
(iv) excessive earning M Point (via fraud or other means).
General
We retain at all times ownership of all materials and advertising in connection with the of McDonald’s APP and its membership activities together with all intellectual property rights in and over the materials and advertising of the same.
You purchase products directly from restaurants. When you redeem the merchandise contained, you redeem them directly with a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order (and not with McDonald’s nor any other Members of the McDonald’s System). The restaurant where you collect your products is responsible for preparing the products and providing them to you. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE PURCHASING DIRECTLY FROM RESTAURANTS (AND NOT McDONALD’S OR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM) AND THAT NEITHER McDONALD’S NOR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM HAVE ANY RESPONSIBILITY ARISING OUT OF OR RELATED TO ANY PRODUCTS THAT YOU PURCHASE FROM RESTAURANTS USING ORDERING. McDonald’s Corporation (which is McDonald’s parent company), its subsidiaries, affiliates, their franchisees, agents, representatives, and agencies and their officers, directors, and employees are together, “Members of the McDonald’s System”.
About the products in the online services. All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due to your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country and the season of the year.
About the prices when ordering. In the event you discover an error in the price of the product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.
Refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.
4. 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, audio 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, 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 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.
Trademark information. 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 licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
5. Acceptable uses and restrictions for 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, 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 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; 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.
6. Limitations on liability and disclaimers.
Limitations on McDonald’s liability. NEITHER McDONALD’S NOR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM SHALL NOT 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.
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 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. 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 THE PARTIES.
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. 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 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.
7. Mobile Applications
These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at https://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”) and the Google Inc. (“Google”)/ Google Play terms and Conditions (available at https://play.google.com/about/play-terms.html). If you are using the online services through Apple application or Google application, you also acknowledge and agree:
- Apple/ Google has no obligation at all to provide any support or maintenance services in relation to the Apple/ Google Application. If you have any maintenance or support questions in relation to the Apple/ Google Apps, please contact McDonald’s, not Apple/ Google, using the above Support Services details;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple/ Google Application are between you and McDonald’s (and not between you, or anyone else, and Apple/ Google); and
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple/ Google Application infringes any intellectual property rights, Apple/ Google will not be responsible or liable to you in relation to that claim;
If the Apple/ Google Application that you have purchased does not conform to any warranty applying to it, you may notify Apple/ Google, which may refund the purchase price of the Apple/ Google Application to you subject to then-current Apple/ Google terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple/ Google does not give or enter into any warranty, condition or other term in relation to the Apple/ Google Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple/ Google Application or as a result of you or anyone else using the Apple/ Google Application or relying on any of its content.
8. Miscellaneous.
- McDonald's makes no representation that the online services are appropriate or available outside of the Taiwan (R.O.C.). 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 the laws of Taiwan (R.O.C.), notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction and venue in Taiwan Taipei District Court 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/ Google is not a party to, and no other Members of the McDonald’s System are parties to these terms, Apple/ Google and 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.
- These terms and conditions are written in Chinese. Any translation of these terms and conditions into another language is provided solely for your convenience, and in the event of any discrepancy between the two, the Chinese version will prevail.
- 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 of 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 all restrictions on use, all limitations on liability and disclaimers, and all about governing law and jurisdiction of this Section 8.
- 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.
