Birthday Parties Online
TERMS AND CONDITIONS
McDonald's Corporation (McDonald's) maintains this website[www.mcdonaldsparties.com.au] (the Website) for your information, education, and enjoyment and to enable you to book a McDonald's birthday party online. Please feel free to browse the Website.
WEBSITE TERMS AND CONDITIONS
The Website is for users aged 16 and over only. If you are under the age of 16, you should always have the consent and supervision of a parent or legal guardian before using the internet, including this Website.
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 McDonald's 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 name, trade indicia, trademark, logo, product or brand without McDonald's 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.
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 the www.mcdonaldsparties.com.au website and any other World Wide Web website owned, operated, licensed, or controlled by McDonald's Corporation or any of its related, affiliated, or subsidiary companies (together, "McDonald's") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of 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 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 McDonald's. Neither title nor intellectual property rights are transferred to you, but remain with 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 from McDonald's Australia Limited via the "contact us" link.
Restriction of Liability
Your use of the website is at your risk. McDonald's (and its employees, servants or agents) makes no warranties or representations as to its accuracy and, to the extent permitted by law, 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 McDonald's (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 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 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. 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 SITE 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 SITE 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.
Statutory warranties that are implied under Part V Division 2 Trade Practices Act 1974 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 liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at McDonald's 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.
McDonald's assumes 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. McDonald's also assumes 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.
Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, 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.
Except as described otherwise, all materials in the McDonald's website are made available only to provide information about McDonald's. McDonald's controls and operates 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.
McDonald's is 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 McDonald's may provide 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. To the extent permitted by law, McDonald's disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
Although McDonald's may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, McDonald's is 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, McDonald's 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 McDonald's 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.
McDonald's will fully cooperate with any law enforcement authorities or court order requesting or directing 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. 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.
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. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.
McDonald's or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all McDonald's sites, 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.
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.
McDonald's may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Terms & Conditions link.
McDonald's products and services are available in many parts of the world. However, the McDonald's website may describe products and services that are not available worldwide.. McDonald's 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.
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.
McDonald's and its affiliates make no representation of the availability of any product or service specified herein.
Only intended for Australian residents over the age of 16.
All other trademarks are the property of the respective trademark owners.
ONLINE BOOKING SYSTEM TERMS AND CONDITIONS
The online booking system is for users aged 16 and over only. McDonald's reserves the right to cancel any birthday party that has been booked online by a person under the age of 16 who does not have the consent of a parent or legal guardian.
1. We also act as the agent for restaurants operated by a franchisee of McDonald's, and your contract with the restaurant is directly with them. Bookings are subject to these terms and conditions and policies and you should read these before proceeding with your booking. Our role as agent is limited to facilitating bookings.
3. By making a booking through the Website you warrant that you are at least 16 years old.
4. We always try to settle any issues or complaints quickly and fairly. Any issues should be directed to Customer Service in the first instance. Click here for contact details.
5. Prices for birthday party packages and optional extras (such as party cakes) include all taxes, unless otherwise stated on the Website. Payment for the cost of the party is to be made at the restaurant at the time of the party by cash, EFTPOS or credit card. Not all payment methods may be available at all restaurants. Prices published on the Website are subject to change without notice.
6. The person making the party booking must be over 16 years. To eliminate booking fraud, the person making the booking will need to register as a user, providing a valid email address. An email will be sent to the email address provided and to finalise and complete the booking the user must click the link in that email. Failure to complete this step will result in the booking being incomplete and not entered into the system.
7. Changes and cancellations can be made by logging into the Website using the unique user identification and password created when the party is first booked. Changes or cancellations cannot be made later than forty-eight (48) hours prior to the party. Contact Customer Service should you need to modify or cancel your booking after this time.
8. A ten (10) guest mimimum applies to all party bookings. Adults attending in a supervisory capacity do not count as guests for the purpose of this condition. The maximum number of party guests allowed varies depending on the restaurant chosen. A miminum of one (1) supervising adult is required to remain in attendance for the entirety of the party, however McDonald's recommends that one (1) adult per ten (10) children in attendance be present to supervise. Birthday party packages do not incorporate food or beverages for supervising adults, however food and beverages in addition to the party packages may be purchased from the restaurant on the day.
9. McDonald's recommends that birthday parties be booked for and attended by children aged 3 years and above. Games, toys and accessories provided as part of each birthday party package have been safety tested and recommended only for children aged 3 years and above. Any parent, guardian, adult or other person booking a birthday party for a child under the age of 3 or which will be attended by a child or children under the age of 3 expressly acknowledges this information and indemnifies and holds harmless McDonald's for any loss, claim or damage as a result of the booking.
10. Customers may elect to bring their own birthday cake or may purchase a McDonald's birthday cake through the Website. Customers who bring their own birthday cake do so at their own risk, McDonald's accepts no liability for any loss or damage, however caused which may be directly or indirectly suffered in connection with food products introduced to a birthday party which are not supplied by McDonald's, including but not limited to birthday cakes.
11. Nutrition and allergen information in respect of McDonald's food and beverages (including the cakes available for birthday parties) is available to view on the McDonald's corporate website, please click here to access this information.
12. We make every effort to ensure all information displayed on the Website is accurate; however we reserve the right to change information published on the Website at any time. We are not liable to you or any other person for any loss in connection with any information on this Website. Any 'Special Offers' posted on the Find a Party Restaurant and Select a Restaurant pages have been inputted directly by the relevant restaurant. McDonald's accepts no liability for any loss in connection with these special offers as these offers are made by the individual restaurant and not by McDonald's. Any queries or concerns in relation to a special offer should be addressed to the particular restaurant making the offer.
13. Customers accept full liability for all persons, both children and adults, in attendance at a McDonald's birthday party.
14. To the maximum extent permitted by law we are not liable for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of or inability to access this Website or the purchase and use of any product and service supplied via this Website. This limitation of liability (whether arising under contract, tort (including negligence) or statute) applies to all damages of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased goods or services. These terms do not affect consumer's statutory rights.
15. We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party suppliers who we have no direct control over. We make no warranty or representation about the fitness or suitability of any product or service advertised on the Website.
16. These terms and conditions are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
17. We may change or modify all or any part of these terms and conditions by posting changes to the Website.
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