Terms and Conditions for McDonald’s APP Malta.
Last Updated: 10th August 2022
IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS). THEY CONTAIN LIMITATIONS ON PREMIER RESTAURANT’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL 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 Premier Restaurants Malta Limited (C 18843) (“McDonald’s Malta”, “we” or “us”),which controls and operates the McDonald’s restaurants in Malta from its headquarters at Nineteen Twenty-Three, Valletta Road, Marsa MRS 3000, Malta.
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 14. You must be at least 14 years old to use the online services. If you are at least 14 but not yet 18 years old, 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 Malta close any online services account that you have created. You can request account deletion by sending an email to [email protected], please include the email address of the account that you want deleted.
1 - About the online services.
Availability of products and services.
McDonald’s Malta products and services may be 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. YOU MUST NOT USE THE ONLINE SERVICES WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should 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 Malta 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 can only use one online services account and must keep your account information accurate at all times.
McDonald’s Malta’s right to update or terminate the online services.
You understand and consent that (with or without notice) McDonald’s Malta 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 Malta mobile app that you have installed on your device.
Updates to these terms.
McDonald’s Malta may also update these terms at any time and at its sole discretion. If McDonald’s Malta 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 Malta close any online services account that you have created. To close your account, you can visit mcdonalds.com/contact or email us at [email protected].
Links to job opportunities from the online services.
McDonald’s Malta is an equal opportunity employer committed to diverse workforces. The online services may provide links to job opportunities posted by McDonald’s Malta. These opportunities are with McDonald’s Malta alone (in other words, with Premier Restaurants Malta Limited) and not with McDonald’s Corporation. This means that McDonald’s Malta is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. McDonald’s Corporation does not receive a copy of any application you submit, neither controls whether you receive an interview or are hired, and neither controls McDonald’s Malta employment policies and practices.
How to contact us.
If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit mcdonalds.com/contact or email us at [email protected].
2 - Our information practices and communications with you.
McDonald’s Malta Privacy Statement.
The McDonald’s Malta Privacy Statement 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 Malta. 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 Malta. McDonald’s Malta may use the information you have provided to us to communicate with you in accordance with McDonald’s Malta’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 - Sending orders to restaurants.
Sending orders to restaurants.
This section applies to any orders you place using the online services. Please read this section before you send any orders to restaurants using the online services. Please note that ordering may not be available in all online services. Please see the FAQs for more information on ordering.
The purpose of ordering is to provide customers with a convenient way of building orders for products in advance and submitting their orders at a participating restaurant.
In order to place an order using the online services you need to have a registered online services account. The following information is required for registration: first and family name, and email-address.
Registering your payment method.
Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) to use with your orders.
McDonald’s Malta uses third party providers to securely store your payment card information and process your payments. You understand and agree that, when you register a payment card, McDonald’s Malta or its third party providers may verify that the payment card you registered is valid. Restaurants may require information other than your order code to verify your purchase. You represent and warrant that you are of sufficient age and have all legal rights to use all payment cards you register.
Building, paying and sending your order to a restaurant.
You can use ordering to build your order and send it to a participating restaurant that you select. You make your purchase and your payment card is charged when you press “Pay Now” on the online service. You will receive an order code. Orders made must be collected in person from the selected restaurant.
Your Order Options
You can select the following options to pick up your online order: curbside (only available at McDonald’s in Naxxar and at Malta International Airport (‘MIA’)), counter, table service or Drive-Thru.
Preparing your Order
All products are subject to availability at the restaurant where you collect your order. When you select your restaurant, you will see the breakfast or main menu serving time for that restaurant. When you select your pick up option for counter or Drive-Thru, you will see the serving time for each option (For example 6am – midnight). If you arrive after the restaurant has closed, then you will not be able to collect your order and the payment will not be refunded. Please ensure you can arrive in time before you confirm and make payment.
When placing your order for pick up at the counter you will see a message informing you of the approximate number of minutes to prepare your order. Once you confirm and pay your order will be prepared. If you have location services activated and you are far from the restaurant you may see a message for you to confirm you are ready to pay and for the order to be prepared. If you do not have location services activated your order will be prepared immediately after payment. Please ensure that you can arrive in good time.
When placing your order for pick up at the Drive-Thru, you confirm and pay but your order will not be prepared until after you arrive at the Drive-Thru and provided your order code. If you select pick up at Drive-Thru and you arrive after the menu change over or if any of your selected products are no longer available, then you will need to speak to a crew member.
When placing your order for pick up at curbside or for table service, once you arrive, you need to enter your curbside or table number into the App before you can pay. Once you confirm and make payment your order will be prepared. Once the order is ready, a crew member will greet you at your curbside or table and deliver 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 your device’s display of colours or factors such as the ingredients used, the supplier, the region, and the season of the year.
About the prices in ordering.
Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.
You may need to enable location services on your device to benefit from the automatic selection of your nearest restaurant and a location check if you are far away when you submit and pay for your order. If you do not have location services enabled, or if you do not wish to order from your nearest restaurant you will have selection the restaurant manually.
Paying for your order.
When you submit “Pay Now” you authorize the restaurant to process your order. The restaurant’s payment service provider will process your payment and charge the payment card you selected when you built your order. You may receive a notification within the ordering feature that the restaurant has accepted your order and is preparing it. You own the products after you have collected them.
What if I have an issue with a payment or want a refund?
Please contact your bank if you have any questions about charges reflected on your payment card statement or to dispute a restaurant transaction for a charge on your payment card. Your bank can advise you on your bank policy and can tell you their policy on when they release pending charges.
What should I do if I suspect fraudulent activity on my account?
If you believe incorrect or unauthorized charges appear on your account, you should immediately contact your bank. You should also immediately update your password. Security experts recommend that individuals use good password complexity and different username and password combinations for each account.
Cancelling your order, refunds and your consumer rights.
You have the ability to update or abandon your order at any time until you confirm and pay for your order. However, once you confirm and pay for your order you cannot cancel it. If you desire to seek a refund, including if the products are unsatisfactory or for any other reason, 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 - MyMcDonald’s RewardsTM
These terms describe the MyMcDonald’s Rewards program (also referred to as the Loyalty Program).
Eligibility and enrolment.
In order to enroll in MyMcDonald’s Rewards program, you must register an account to use the online services. Customers who registered an account to use the online services prior to the launch of MyMcDonald’s Rewards program can enroll by continuing to use the online services on or after the launch date of MyMcDonald’s Rewards program.
You have the possibility of receiving offers through the online services. The following general terms apply to the offers:
- the offer may only be available through that particular service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date;
- serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times);
- unless otherwise stated each offer expires on redemption;
- multiple offers can be redeemed at once however each offer can only be redeemed once per transaction;
- offers are not transferable;
- there is no cash alternative;
- offers are only redeemable instore at the counter, kiosk or McDrive and not when using a delivery service; and
- only one account-holder shall be accepted per transaction, and it shall not be permissible for more than one account-holder to redeem offers or earn points in a single transaction.
- At McDrive, offers and/or points may be claimed by one account-holder per car. In addition, there may be specific terms that apply to the offer which are stated on the App next to the offer.
How to redeem an offer
You redeem an offer when you place your order at the counter or kiosk by scanning the offer QR code. When redeeming your offer at Naxxar McDrive, make the order of the offer at the customer ordering point, just as you would do with any other order, and scan the QR code at the payment window. When redeeming your offer at MIA McDrive, please scan the QR code at the customer ordering point. The offer can be verified on the active order screen on the digital menu board before proceeding to the McDrive window. If you do not follow this process at the time of purchase you will not be eligible to claim the offer. McDonald’s Malta shall not be responsible for any attempts to claim offers at any time other than the time of purchase.
How to earn points
You will earn points based upon the value of your qualifying purchase at the rate of 10 points for each €1. You earn points from a qualifying purchase at a participating restaurant when you place your order at the counter or kiosk by scanning your digital loyalty card; or at a Drive Thru by scanning the QR code at the ordering point or payment window, or by reading out the alphanumeric code to the crew member taking your order. 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. McDonald’s Malta shall not be responsible for any attempts to earn points at any time other than the time of purchase. There might be a delay before the points that you earn are added to your account.
How to calculate the number of points you earn
The Program Details explain how to calculate the value of a qualifying purchase. Customers earn points based on their total spend. 10 Points are earned for every €1 spent at McDonald’s restaurants, for example, €15.00 = 150 points. The points are earned on the gross amount spent. In the event where the amount is not a whole number, it will be rounded up to the nearest point after €0.50, for example, €15.61 = 156 points. Remember that the Program Details can change, so make sure to review them before you make a purchase.
Bonus campaigns or promotions
From time to time, we may offer bonus campaigns or points accelerators that allow you to earn points in new and different ways. Please check the Program Details for the latest ways to earn points.
Maximum points you can earn
Your account holds a maximum of 10,000 points (“Rewards Ceiling”) at any one time. If making a qualifying purchase will cause you to exceed the Rewards ceiling, you will not earn points above the Rewards Ceiling. The Program Details also explain other limits like how many times you can earn points in a particular day from qualifying purchases.
Redeeming your points
You can redeem your points at participating restaurants for free products or a discount on a product from the Rewards Menu (“Redeemable Product(s)”). You must use the App to convert your points to an offer selected from the Rewards Menu.
You redeem an offer when you place your order at the counter or kiosk by scanning the offer QR code or at a McDrive by reading by scanning the QR code at the ordering point or payment window, or by reading out the alphanumeric code to the crew member taking your order.
The Program Details indicate which Redeemable Products are on the Rewards Menu and how many points are required for each Redeemable Product. The Rewards Menu has multiple Rewards Levels and multiple Redeemable Products on each Rewards Level, which can change from time to time. Be sure to check the Program Details for the latest Rewards Menu.
Points which have not been utilised shall expire twelve months after they are earned. Points shall expire on the last day of the twelfth month from being earned.
Refunds – Points
We shall be entitled to remove points 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 with an equivalent points value.
Suspicious Activity – Points
We shall be entitled to take any action we consider appropriate, including removing or suspending your account and points accrued if we detect any suspicious activity concerning your account including but not limited to
- engaging in illegal or fraudulent activities;
- supplying or attempting to supply false or misleading information, or making a misrepresentation to us or the participating restaurant; or
- selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward, benefit or points other than in accordance with these terms and conditions; or
- excessive earning (via fraud or other means).
Miscellaneous. Points have no cash value. Points are not transferable, redeemable or assignable.
You may only have one MyMcDonald’s Rewards account at any one time.
You are responsible for updating any change of name, email or any other details as soon as practicable after the change. McDonald’s Malta is not responsible for any failure by the customer to update any details in accordance with this clause.
McDonald’s Malta reserves the right to terminate the Loyalty Program if events beyond its reasonable control mean that it can no longer operate it.
McDonald’s Malta reserves the right not to accept points if in its reasonable opinion the App has been tampered with.
An account will terminate automatically on the death of the account holder. Points earned but not yet redeemed will be cancelled. McDonald’s Malta will close the MyMcDonald’s Rewards account on notification of the account holder’s death. McDonald’s Malta will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.
McDonald’s Malta retains at all times ownership of all materials and advertising in connection with the Loyalty Program together with all intellectual property rights in and over the materials and advertising for Loyalty Program.
Taking part in the Loyalty Program amounts to acceptance of these terms and to their respective interpretation under Maltese law and subject to the jurisdiction of the courts of Malta.
You agree that the following shall not be considered to be proper participation in Loyalty Program:
- any purchase (including via a third party), sale, offer to sell, giving away or other dealing with the App or Loyalty points save for as expressly permitted in these terms,
- any use for any purpose whatsoever, save as expressly permitted in these terms, of McDonald’s Malta advertising, feature taken from such advertising, and/or of the intellectual property rights in or over such advertising, and
- any breach by you of these terms.
Nothing in these terms shall affect your statutory rights. McDonald’s Malta may (in its sole discretion) decline to enter into any correspondence save as otherwise stated in these terms.
All instructions, terms and conditions on any advertising or promotional materials relating to this Promotion form part of these terms although, in the event of conflict, these provisions shall prevail over all such other instructions, terms and conditions. Expressions which have been defined above shall have the same meanings when used in such other instructions, terms and conditions wherever the context admits.
Promoter: Premier Restaurants Malta Ltd, Nineteen Twenty Three, Valletta Road, Marsa MRS 3000 Malta.
You may, at any time, cancel your account by selecting ‘Delete Account’ in the Profile section of the App. Upon confirmation of cancellation, all accumulated points in your account will immediately expire. Accordingly, McDonald’s Malta recommends that customers members carefully plan all cancellations to avoid unintentional loss of accumulated points. Once expired, the points cannot be reimbursed.
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 your device’s display of colours or factors such as the ingredients used, the supplier, the region of the country and the season of the year.
About the prices in ordering.
Certain offers and pricing may not be available for all orders at all locations. 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.
5 - Ownership and Licenses for the online services.
McDonald’s Malta intellectual property ownership.
Any and all rights in the online services are and shall remain the exclusive property of McDonald’s Malta 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 Malta 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 Malta reserves all other rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of McDonald’s Malta or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
6 - User submissions and unsolicited ideas
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 Malta through the online services (together, “submissions”). You understand that by submitting any information to McDonald’s Malta through the online services, you grant McDonald’s Malta 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, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. McDonald’s Malta will not be required to treat any submissions as confidential.
It is McDonald’s Malta’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider McDonald’s Malta, we’re unable to review new ideas from outside the McDonald’s Malta system. You expressly waive any and all claims against McDonald’s Malta and Members of the McDonald’s System in connection with McDonald’s Malta’s consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future. Please see McDonald’s Malta’s FAQs for more information.
7 - 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:
- Use the online services for any purpose that is unlawful or prohibited by these terms;
- Delete or change any copyright, trademark, or other proprietary notices;
- Attempt to obtain ownership or title to the online services, including the content;
- Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
- 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;
- Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
- 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;
- 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;
- Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, McDonald’s Malta’s network or any user accounts associated with the online services.
8 - Limitations on liability and disclaimers.
Limitations on McDonald’s Malta’s liability.
McDONALD’S MALTA 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 MALTA’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY McDONALD’S MALTA’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 Malta reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
McDonald’s Malta provides the online services “AS-IS” and without any warranties.
The online services may include inaccuracies or errors. McDONALD’s MALTA PROVIDES THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. McDONALD’S MALTA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. McDONALD’S MALTA 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 MALTA 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 Malta does not endorse and is not associated with any of these third party services. McDONALD’S MALTA HAS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.
Events beyond our control.
McDONALD’S MALTA HAS NO RESPONSIBILITY for McDONALD’S MALTA’S FAILURE TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond McDonald’s MALTA’S reasonable control. If such an event occurs, then McDonald’s Malta’s obligations under these terms will be suspended for the duration of the event; and McDonald’s Malta 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.
How we settle disputes.
You agree that: (1) any claim or dispute (whether in contract, tort, or otherwise) you may have with McDonald’s Malta arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act 1996 and the Arbitration Rules of the Malta Arbitration Centre as at present in force. The number of arbitrators shall be one. The place of arbitration shall be Malta. The applicable substantive law shall be the law of Malta.
9 - Apple Applications
These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“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 Apps, please contact McDonald’s Malta, not Apple, 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 Application are between you and McDonald’s Malta (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 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.
10 - Miscellaneous.
- McDonald’s Malta makes no representation that the online services are appropriate or available outside of Malta. 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 Malta, notwithstanding any principles of conflicts of law.
- Although these terms govern the online services as between McDonald’s Malta 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 Malta 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. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English version controls.
- 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 Malta and other Members of the McDonald’s System, including all intellectual property rights, proprietary rights, and