By ordering from McDelivery using BPI - i.Can Mobile Mall, you agree to these terms and conditions. If you do not agree, you should not use this mobile service.
1 RESTRICTIONS ON USE
The BPI - i.Can Mobile Mall is a service provided by Bank of the Philippine Islands hereafter referred to as, "BPI") and i.Can Worldwide Inc (hereafter referred to as, "i.Can"). This service allows a BPI account holder (hereafter referred to as, "Customer") to make transactions such as shopping and bills payment using his mobile phone. The service requires a deposit account from BPI, compatible mobile phones, mobile internet and certain software as required by hismobile phone. BPI and i.Can are responsible for the security and availability of this service. Its use is subject to the terms and conditions for BPI-i.Can Mobile Mall posted on www.bpiexpressonline.com.
BPI and i.Can, in partnership with McDonald's, are making the McDelivery service available on the mobile phone. Materials of McDonald's found in the BPI - i.Can Mobile Mall (hereafter referred to as, "applet") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of McDonald's. Modification or use of the materials for any other purpose violates McDonald's intellectual property rights. The materials in the applet installed in your mobile phone are provided for lawful purposes only. While you have downloaded the BPI - i.Can Mobile Mall containing the McDelivery menu on your mobile phone, all information contained in or generated by the applet, and accompanying data is deemed to be licensed to you by i.Can Worldwide Inc, Technology Partner of McDonald's for this service. Neither title nor intellectual property rights are transferred to you, but remain with i.Can Worldwide Inc who own full and complete title thereto, or remains the proper licensee thereof. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the applet to a human perceivable form.
2 TERMS OF USE
2.1 This service is an ordering and payment service only offered by BPI and i.Can. Neither BPI nor i.Can controls the quality and/or merchantability of the goods and service actually purchased.
2.2 McDonald's reserves the right, in its sole discretion, without limitations, conditions and/or qualifications, and without need of prior notification, to limit, change, modify or cancel any order, and/or to refuse any service to any customer for any reason attributable to the unavailability of the items ordered, or other circumstances and conditions beyond the control of McDonald's which would render impossible or delay the fulfillment of its obligations; Provided that such events shall not be caused by any negligence on the part of McDonald's.
2.3 You are solely responsible for the registration, maintenance, use and termination of your bank account with BPI-i.Can Mobile Mall. You agree to comply with your bank's terms and conditions in the use of this service.
2.4 You are solely responsible for the use of the BPI-i.Can Mobile Mall. Any information you provide in the applet will be deemed voluntarily and knowingly provided by you.
2.5 When making a payment, you understand that your nominated BPI bank account is debited real-time. Transaction via BPI - i.Can Mobile Mall will not work without sufficient funds in your nominated source account. BPI, i.Can and McDonald's assume no responsibility for Customer's inability to use the service due to insufficiency or absence of funds in Customer's nominated deposit account.
2.6 You authorize the BPI-i.Can Mobile Mall applet to debit your nominated bank account for the payment to McDonald's. Such payment will constitute full payment of all fees and charges incurred in connection with your order, including any and all applicable taxes, at the rate in effect when the charges were incurred.
2.7 Since payment has already been made via direct debit to your nominated bank account, it is understood by you that the delivery of your order by McDonald's shall constitute the final performance by McDonald's of its obligation under this service. Verification of any information may be required prior to the delivery of any order.
2.8 Once you have confirmed that the order made via this service is correct, you expressly agree that no change or cancellation can be made to your order. McDonald's reserves the right to refuse cancellation in case order has already been dispatched for delivery prior to receipt of any request to change or cancel your order.
2.9 You understand that the merchant may require identification, transaction confirmation number and other information on the customer's mobile phone to show proof of payment prior to releasing its goods or performing its services.
2.10 You agree to direct inquiries relating to goods and services purchased via BPI - i.Can Mobile Mall to McDonald's.
2.12 The service requires an internet connection through your mobile phone. You may use GPRS or WIFI. You understand that you are solely responsibie for ensuring that your mobile phone has enough network credits or load to be able to connect to the internet. Also, you understand that internet connection costs (GPRS or WIFI) shall be charged to your network credit or load.
2.13 You agree to direct all queries relating to GPRS and WIFI to your network service provider.
2.14 BPI nor i.Can shall not be liable for any failure to complete the transaction for reasons beyond its control, including but not limited to Network Error, Inability of Phone to Connect to the internet, Insufficient Mobile Credits, etc.
2.15 BPI and/or i.Can reserve the right to refuse transactions that it knows to be fraudulent and/or illegal.
2.16 You must never use or allow anyone to use your BPI - i.Can Mobile Mall Service for any illegal purposes. You shall not allow another person to make transactions for you via your mobile phone.
2.19 In case of lost or stolen phones, you agree to deregister your account in BPI-i.Can Mobile Mall to ensure that your applet is not used for unlawful purposes. You expressly agree that McDonald's will not be responsible or liable for any unauthorized or unlawful use of your applet.
2.20 You are solely responsible for GPRS/WIFI charges incurred when making transactions via BPI-i.Can Mobile Mall. McDonald's and its Technology Partner will not be liable for such charges.
3 RESTRICTION OF LIABILITY
McDonald's will not be responsible or liable for damages of any kind or nature or injury whatsoever caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure or any such or similar occurrences or events. McDonald's will not be responsible or liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this applet, even if there is negligence or McDonald's or an authorized McDonald representative has been advised of the possibility of such damages, or both. In all cases, McDonald's total liability to you for any and all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access applet, should any such liability be established.
4 SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to McDonald's through this applet (together, the "Submission") will forever be the property of McDonald's. 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, advertising ideas, etc.) and will not incur any liability as a result of any similarities that may appear in future McDonald's operations. Without limitation, McDonald's will have exclusive ownership of all present and future Submissions, as well as all rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, 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 through this applet is provided knowingly and voluntarily by a user of this applet. This information is for internal purposes only and is not sold or otherwise transferred to third parties of McDonald's or to other entities who are not involved in the operation of this applet. Information submitted via a number of areas of this applet, for instance, Write to Ronald, is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not McDonald's have full responsibility for the message, including its legality, reliability, accuracy, appropriateness, originality, copyright and validity.
5 JURISDICTION
Except as described otherwise, all materials in the McDonald's menu in the BPI-i.Can Mobile Mall are made available only to provide information about McDonald's. McDonald's controls this information from its headquarters in Metro Manila, Philippines and makes no representation that these materials are appropriate or available for use in other locations. If you use this applet from other locations you are responsible for compliance with applicable local laws. Some software from this applet may be subject to export controls imposed by the proper jurisdictions and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
6 DISCLAIMER
The material in this applet could include technical inaccuracies or typographical errors. McDonald's may make changes or improvements at any time. The Materials in this applet are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. McDonald's disclaims all warranties or merchantability and fitness for a particular purpose. McDonald's does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this applet or the server that makes it available are free of viruses or other harmful components. McDonald's does not warrant or make any representations regarding the use of or the result of the use of the material in this applet in terms of their correctness, accuracy, reliability, or otherwise. You (and not McDonald's) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. McDonald's is an equal opportunity employer committed to a diverse workforce. McDonald's franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
7 TERMINATION
McDonald's or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from this applet, and (b) all related documentation and all copies and installations (together, the "Materials"). McDonald's may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
8 MISCELLANEOUS
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the Republic of the Philippines, 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 applet for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this applet. McDonald's can revise these Terms and Conditions at any time by updating this posting. McDonald's products and services are available in many parts of the world. However, the McDonald's applet may describe products and services that are not available worldwide. This applet may be linked to other services which are not maintained by McDonald's. McDonald's is not responsible for the content of those services. The inclusion of any link to such services does not imply endorsement by McDonald's of the services.
9 TRADEMARK INFORMATION
All intellectual property, including but not limited to trademarks, service marks, trade names (collectively the "Marks") are in this applet are proprietary to McDonald's, its licensors or to other respective owners. They may not be used, in any form or manner, or for any purpose without the prior written consent of McDonald's