McHappy Day : Terms and Conditions

Terms and Conditions

Terms and Conditions

McDonald’s Australia Limited (“McDonald’s) and Ronald McDonald House Charities maintain this website for your information, education, enjoyment and use. Please feel free to browse the website.

Please read these Terms & Conditions carefully. By accessing and browsing the website, you agree to accept, without limitation or qualification, the Privacy Policy (available by clicking the Privacy Policy link) and the Age Requirement, Legal Notices, Anti-Spam Notice and Website Terms and Conditions stated below.

AGE REQUIREMENT

YOU MAY ONLY ENTER AND USE THE WEBSITE IF YOU ARE AGED 16 OR OLDER. If you are under 16 years of age, you must have the express consent of a parent or legal guardian before using this website.

LEGAL NOTICES

If you are browsing this website as a non-commercial consumer, you may access material displayed on the website for your non-commercial, personal use only and subject to the Website Terms and Conditions stated below.

If you are browsing this website as an employee/agent/member of any business or organisation, you may access or download material displayed on the website only in accordance with the Website Terms and Conditions stated below. This permission is specifically conditioned on you maintaining all copyright, trademark and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the website. Additionally, you may not:

a. distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the website for public or commercial purposes, including the text, images, audio, and video without either McDonald’s or Ronald McDonald House Charities’ prior written permission; or

b. use any meta tags or any other “hidden text” or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to any McDonald’s or Ronald McDonald House Charities name, trade indicia, trademark, logo, product or brand without McDonald’s or Ronald McDonald House Charities’ prior written permission.

Your access to and use of the website is also subject to the Website Terms and Conditions stated below and all applicable laws. The material on this website resides on a server in the state of New South Wales, Australia. The law applicable to use of the material and to disputes arising out of the material is the state of New South Wales, Australia.

ANTI-SPAM NOTICE

Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

WEBSITE TERMS AND CONDITIONS

All material on the website is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Website Terms and Conditions or in the text on the website.

RESTRICTIONS ON USE

Material from this website may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Ronald McDonald House Charities or McDonald’s EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates McDonald’s and Ronald McDonald House Charities’ intellectual property rights. The material in this website is provided for lawful purposes only. If you download software from our website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Ronald McDonald House Charities and McDonald’s. Neither title nor intellectual property rights are transferred to you, but remain with Ronald McDonald House Charities and McDonald’s, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

The information contained in this website is intended for use by persons resident in Australia. Any promotion, competition, product or service identified or contained in this website is subject to the applicable terms and conditions, which are available for download at the relevant page of this website promoting the applicable promotion, competition, product or service, or alternatively such terms and conditions are available upon request via the “contact us” link.

RESTRICTION OF LIABILITY

Your use of the website is at your risk. Ronald McDonald House Charities (and its employees, servants or agents) and McDonald’s (and its employees, servants or agents) makes no warranties or representations as to its accuracy and, to the extent permitted by law, Ronald McDonald House Charities (and its employees, servants or agents) and McDonald’s (and its employees, servants or agents) specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Ronald McDonald House Charities (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Ronald McDonald House Charities or McDonald’s has been notified or advised of the possibility of such damages. Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website and all Ronald McDonald House Charities or McDonald’s products displayed on the website are provided to you “AS IS” and, to the extent permitted by law, is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RONALD MCDONALD HOUSE CHARITIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RONALD MCDONALD HOUSE CHARITIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RONALD MCDONALD HOUSE CHARITIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Statutory warranties that are implied under Schedule 1 of the Competition and Consumer Act 2010 are not excluded if goods are of a kind ordinarily acquired for personal, domestic or household use.

To the fullest extent permitted by law, McDonald’s and Ronald McDonald House Charities’ liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at McDonald’s or Ronald McDonald House Charities’ option, to: in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

Features and information of third party suppliers, third party products and/or services described or depicted on the website, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the website and via website hyperlinks are subject to change at any time without notice.

Ronald McDonald House Charities and McDonald’s assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. Ronald McDonald House Charities and McDonald’s also assume no responsibility, and shall not be liable for any interruptions or errors in access to the website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Ronald McDonald House Charities and McDonald’s through this website (together, the “Submission”) will forever be the property of Ronald McDonald House Charities and McDonald’s jointly. Ronald McDonald House Charities and McDonald’s will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Ronald McDonald House Charities or McDonald’s operations. Without limitation, Ronald McDonald House Charities and McDonald’s will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Ronald McDonald House Charities or McDonald’s will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this website is provided voluntarily by a visitor to this website.

For full details regarding the treatment of your personal information, please see the Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Ronald McDonald House Charities or McDonald’s have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, Ronald McDonald House Charities or McDonald’s. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Website Terms and Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorized use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statues.

JURISDICTION

Except as described otherwise, all materials in this website are made available only to provide information about McHappy Day and Ronald McDonald House Charities. Ronald McDonald House Charities and McDonald’s control and operate this website from Sydney, Australia and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws.

DISCLAIMER

Ronald McDonald House Charities and McDonald’s are not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk. While there might be links on this website to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website (e.g. Funraisin). To the extent permitted by law, Ronald McDonald House Charities and McDonald’s disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

Although Ronald McDonald House Charities and McDonald’s may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Ronald McDonald House Charities and McDonald’s are under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the website, you agree that you shall indemnify, and keep indemnified, Ronald McDonald House Charities and McDonald’s jointly and severally from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Ronald McDonald House Charities and McDonald’s jointly or severally arising out of any claim or action that results from your accessing and use of the website or in connection with any breach by you of these Website Terms and Conditions.

Ronald McDonald House Charities and McDonald’s will fully cooperate with any law enforcement authorities or court order requesting or directing Ronald McDonald House Charities and McDonald’s to disclose the identity of anyone posting such materials. In addition, you will not:

a. Restrict or inhibit any other user from using or enjoying the website;

b. Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or

c. Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.

Any order placed by you on the website or on a linked website is an offer by you to purchase the particular product or service specified. Ronald McDonald House Charities, McDonald’s and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service.

TERMINATION

Ronald McDonald House Charities and McDonald’s may terminate or suspend your access to this website if Ronald McDonald House Charities or McDonald’s believe you are breaking the rules of these terms.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New South Wales, Australia, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this website.

Ronald McDonald House Charities or McDonald’s may at any time revise these Terms and Conditions by updating this posting without notification to you. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Terms & Conditions link.

McDonald’s and Ronald McDonald House Charities products and services are available in many parts of the world. However, this website may describe products and services that are not available worldwide. McDonald’s and Ronald McDonald House Charities reserves the right to change any price, product, service or new item without notice. All promotional items are subject to availability. Prices may vary between restaurants.

TRADEMARK INFORMATION

The following trademarks used herein are owned by the McDonald’s Corporation (USA) and its affiliates: McDonald’s, Golden Arches, Golden Arches Logo, Single Arch Logo, McDonaldland and the McDonaldland character names and designs, Filet-O-Fish, Big Mac, Quarter Pounder, Chicken McNuggets, Ronald McDonald House, Ronald McDonald House Charities, RMHC, McFamily, McNuggets, Twoallbeefpattiesspecialsaucelettucecheesepicklesonionsonasesameseedbun, Happy Meal Box Design, French Fry Box Design, Speedee Logo, Ronald McDonald House Charities Logo, Ronald McDonald House Design, World Famous Fries, The House That Love Built Design, Mac Attack, Super Size, Lift Kids To A Better Tomorrow, Sausage McMuffin, McDonald’s Means Opportunity, McDonald’s Means Opportunities, McDonald’s Camp Quality Puppets, McHappy Day, Reduce, Reuse, Recycle, Only McDonald’s, McValue Meal, Happy Meal, McMuffin, Ronald McDonald, McChicken, MacZone, Hamburglar, Birdie, The Early Bird, Grimace, Fry Kids, McNugget Buddies, Cheeseburger Chorus, Amisconde.

Ronald McDonald House Charities and its affiliates make no representation of the availability of any product or service specified herein.

DONATIONS

By donating to Ronald McDonald House Charities Australia (RMHC), you are also agreeing to the following terms and conditions and refund policy. (Terms). Please review the following Terms prior to donations:

1. Donation

Online donations made through this website are securely processed via Stripe. However, you should be aware that there are inherent risks in transferring information across the internet. Ronald McDonald House Charities and McDonald’s are not responsible for any technical errors, service interruptions, or data breaches that may occur as a result of or originate from a third party.
By completing your details for a donation payment, you are authorising Ronald McDonald House Charities and McDonald’s to process the specific donation amount from your nominated card.
It is your responsibility to ensure that there are sufficient clear funds available in your account or bank card.
You should check your account statement to verify that the amounts deducted from your account are correct.
Donations of $2 and over may be tax deductible. This will appear on your tax receipt.
This website is powered by Funraisin, a third-party fundraising platform that facilitates secure donation processing on behalf of Ronald McDonald House Charities and McDonald’s. During the donation process, you may be offered the option to contribute an additional amount to cover platform costs during your transaction. This contribution is entirely optional and helps offset transaction and technology fees incurred by the platform. Please note that platform cost contributions and purchases of donation items such as Helping Hands, Big Mac, Silly socks and bucket hats are not tax deductible.

2. Changes and cancellations

If you wish to cancel or change your donation payment you must notify us by calling 1300 307 642 or by email to supporter@rmhc.org.au.
When notifying us please provide details of your donation agreement, such as name, address, and supporter number, etc. for ease of processing.

3. Third party services will be used to facilitate credit card transactions

Stripe will be used to facilitate credit card transactions.
If you experience technical issues during the donation process, please notify us by calling 1300 307 642 or by email to supporter@rmhc.org.au.

4. Refunds

If you wish to seek a refund of your donation payment you must notify us by calling 1300 307 642 or by email to supporter@rmhc.org.au.
Any donation made using a credit card or direct debut fraudulently will be refunded.
Refunds are returned using the original method of payment. If you made your donation by credit card, your refund will be credited to that same credit card.

5. Dispute process and response

Disputes and refunds will be treated seriously, quickly and in a timely manner, having due regard to procedural fairness and confidentiality.
If you believe that there has been an error with your donation, you should notify us by calling 1300 307 642 or by email to supporter@rmhc.org.au within 30 days of the disputed issue.
Any disputes should be directed to RMHC and McDonald’s in the first instance so that we can attempt to resolve the matter.
If you are not satisfied with the outcome you can still refer it to your financial institution which will obtain details of the disputed transaction and may lodge a claim on your behalf.