PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Welcome to ourlounge. ourlounge has been established to provide a forum for information and communication. These Terms and Conditions (“Terms”) apply to the use of websites www.ourlounge.ca or www.mcdoetmoi.ca, and any replacement website(s) (collectively referred to as the “Site”).
This Site may only be accessed and used by current employees of McDonald’s Restaurants of Canada Limited (“McDonald’s”) and independent franchisee organizations in Canada (“Franchisee”). The Site is to be used by McDonald’s employees and Franchisee organizations (collectively referred to as “Users”) for its intended purposes only. No other persons are authorized to access or use this Site.
McDonald’s is responsible for the manner in which its employees engage with the Site.
Franchisees are responsible for the manner in which its organization, including its employees, engage with the Site. In particular, each Franchisee will be responsible for the content, administration and moderation of its organization’s Site content, including establishing and enforcing any policies regarding use of the Site. The relationship that exists between a Franchisee and each of its employees is governed by law in the jurisdiction in which the employee is employed. Subject to applicable law, nothing in these Terms changes the nature of that relationship, nor does it create an employment relationship between McDonald's and Franchisee employees. Subject to applicable law, McDonald's reserves the right to determine how these Terms apply to any particular situation.
The purposes of the Site are as follows (the “Purposes”):
1. A source of information;
2. Electronic access to schedules; and
3. Communications with co-workers.
By using the Site, Users agree to be bound by these Terms, as they may be amended from time to time. McDonald’s reserves the right to update, change, revise or amend these Terms at any time without prior notice as it deems appropriate, and all such updates, changes, revisions and amendments shall be effective immediately upon the posting of such updates, changes, revisions and amendments on the Site. Users should review these Terms often to stay informed of changes. Any aspect of this Site can be changed, suspended, or discontinued at any time, including the availability of any Site content, without prior notice.
1. ACCESS TO THE SITE
a. Use and authorization to access this Site, including the materials and content available through this Site, is a privilege and not a right. The Site may only be accessed and used in a manner consistent with the Purposes. Access to the Site will be restricted and will be terminated if the User’s employment with McDonald’s, the User’s employment with a Franchisee, or the User’s franchise relationship with McDonald’s ends for any reason.
b. For employees of Franchisees, this Site does not change the fact that the User’s employer is solely responsible for establishing and enforcing rules regarding the User’s employment, so the User should check with his/her employer or review his/her employer’s policies regarding the confidentiality of information posted on or linked to through Franchisee home pages and Franchisee restaurant home pages available through the Site.
c. If the User is a Franchisee, as an independent employer, the Franchisee may choose to have his/her employees agree to a separate set of terms and conditions, however, in the event of conflict these Terms supersede any terms and conditions established by the Franchisee.
d. Any password or other piece of information that forms part of the security procedures must be treated as confidential and Users must not disclose it to anyone. Users must not access the Site using another User’s access details and each User is responsible for all activity that occurs under the User’s username.
e. Franchisees are responsible to train their employees on the importance of confidentiality and terms governing use of the Site.
f. Any breach of security or unauthorized use of the Site must be immediately reported. McDonald’s employees must immediately report any breach of security or unauthorized use of the Site to their Restaurant Manager. Franchisees must establish their own notification protocols. Users’ access to the Site may be suspended, denied and/or terminated for any reason, including without limitation for any violation of these Terms.
g. If a User is using a public computer or personal device to access the Site (or any electronic device on which unauthorized persons have potential access), it is the User’s responsibility to log off the Site to prevent unauthorized access and use.
h. McDonald’s employees may only access and use the Site during normally scheduled work time while clocked into the timekeeping system, except McDonald’s employees may access only schedule and payroll information while not clocked into the timekeeping system. For McDonald’s employees, any other access or use is strictly prohibited while off-the-clock. For employees of Franchisees, the User’s employer is solely responsible for establishing and enforcing rules regarding the User’s access and use of the Site, so the User should check with his/her employer or review his/her employer’s policies regarding the use of the Site.
a. Comments, remarks, suggestions, ideas, graphics, photographs, videos, materials or other information may be posted or communicated by Users through this Site (collectively, "Submissions") only as permitted by these Terms, policies published on this Site from time to time, and applicable law.
b. By making a Submission, each User (i) grants to McDonald’s the right to publish, display, reproduce or otherwise use the Submission (and/or any component thereof), in whole or in part, on this Site, for the advertising or promotion thereof or for any other reason; and (ii) waives all moral rights in and to his/her Submission (and each component thereof) in favour of McDonald’s. By making a Submission, a User represents that he/she has all requisite rights to, and is authorized to disclose, all of the information contained in the Submission (including, without limitation, permission from all persons appearing in a photograph or video posted on the Site).
c. McDonald’s does not and cannot review every Submission posted by Users and is not responsible for any content of Submissions. Users remain solely responsible for the content of Users’ Submissions. Each User acknowledges that Submissions hosted by this Site are public and not private. Further, each User acknowledges that Submissions not authored by an authorized representative of McDonald’s are not endorsed by McDonald’s, and such Submissions shall not be considered reviewed, screened, or approved by McDonald’s.
d. McDonald's reserves the right to restrict Submissions to those that are directly related to the specific subject matter of the Site. McDonald's reserves the right to monitor Submissions to ensure that they adhere to these Terms and all applicable policies. McDonald's reserves the right to edit, revise, modify, reject, delete, refuse to post or remove any Submission that it considers to violate these Terms or any other policies or for any other reason as determined in its sole discretion.
e. Franchisees are responsible to monitor their employee Submissions and to ensure compliance with these Terms.
f. McDonald's is not required to treat any Submission as confidential, so Users should never transmit or post any Submission on this Site that contains any confidential, proprietary or trade secret information, whether owned by a User or someone else. McDonald’s 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 McDonald’s products, advertising, and operations.
3. USER CONDUCT
a. Each User is responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions and each User agrees to comply with all applicable local rules regarding online conduct and acceptable content.
b. Specifically, this Site shall not be used to post or transmit:
i. any information or material which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others, including without limitation a person’s full name, address, telephone number, social insurance number, employee number, email address (whether business or personal) and restricted passwords or the solicitation of such personal information;
ii. any unlawful, infringing, fraudulent, libelous, defamatory, obscene, pornographic, indecent, sexually explicit, profane, threatening, abusive, violent, discriminatory (age, physical disability, mental disability, illness, ancestry, sex, criminal conviction, political belief, race, aboriginal origin, marital status, gender, social condition, family status, sexual orientation, language, creed, citizenship, religion, source of income, civil status, ethnicity, linguistic background, nationality, pregnancy, irrational fear of illness or disease, place of origin, or other protected category/ground), hateful, offensive, harassing, or otherwise objectionable information of any kind;
iii. any files that contain software or other material protected by intellectual property laws, including copyright and trademark law, unless a User owns or controls the rights thereto or has received all necessary consents;
iv. any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, federal or foreign law;
v. company trade secrets (e.g., supplier lists, future marketing calendars, specifications, product builds, etc.), proprietary or confidential company information (e.g., Operations Manual);
vi. comments, blogs, forum postings, etc. that are not directly related to the subject matter being offered on the Site;
vii. human resource issues;
viii. any advertisements, any offers to sell goods or services, any solicitation for any organization, association or charity, surveys, contests, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited communication for any commercial purpose;
ix. any transmissions engaging in spamming, flooding, or any denial of service attack;
x. any data or software that may not be exported without prior written government authorization, including, but not limited to, software containing encryption capability;
xi. any information or software which contains a virus, trojan horse, worm, adware, malware, pop-up, spider, bot, or other disabling device or harmful component; and
xii. work instructions to or work performance by Users. This prohibition includes any instruction to a User concerning work activity that the User performs for the benefit of the User’s employer, or any work activity by such User. Examples include work-related training, instructions or comments concerning attendance, work performance, operational improvements/changes (e.g., how to build a new sandwich or operate a new machine), and engaging in discussions concerning restaurant performance.
4. RESTRICTIONS ON USE
a. Each User acknowledges that the information, text, data, databases, graphics, images, photographs, audio and visual clips, logos, software, and other materials contained in the Site, and the compilation, collection, design, selection, and arrangement thereof on the Site (all of the foregoing, collectively, the “Content”), constitutes valuable proprietary information that belongs to McDonald’s or its licensors and Franchisees and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of Canada and other countries.
b. Content on the Site can be edited, modified or removed.
c. Users acquire no ownership interest by accessing and using the Site or the Content. Users are granted a limited license to access, use, and post Franchisee organization-based content on the Site solely for the stated Purposes.
d. Any other access to or use of the Site or the Content constitutes a violation of these Terms. Other than as necessary and required to facilitate use of the Site as provided above, Users may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site. Use of the Content or any portion thereof, on any other website or other networked computer environment is prohibited.
e. Accessing, using, or copying any portion of the Site or the Content through the use of bots, spiders, web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. Users agree not to remove or modify any copyright notice, trademark legend, author attribution, legal notice or other proprietary designations placed on or contained within any of the Content, or on any file which is uploaded. Users agree not to falsify the origin or source of software or other material contained in a file that is uploaded, or download any file that Users know, or reasonably should know, cannot be legally distributed via this Site. Except as expressly authorized in writing, in no event shall Users copy, reproduce, create derivative works from, redistribute, sell, resell, or exploit for any commercial purpose all or any portion of the Site or the Content or access to or use of the Site or the Content.
f. If Users download any software from the Site, that software, all files and images contained in or generated by the software, and any accompanying data (together, the “Software”) are deemed to be licensed to Users by McDonald’s for the purposes, and on the terms, stated in the applicable documentation included with or posted on the Site in connection with the Software. McDonald’s (or its third party licensor, as applicable) owns and retains title to and all rights in the Software and, except for the license described above, neither title nor any intellectual property or proprietary rights to any Software are transferred. Users may not resell, sublicense, assign, transfer, decompile, reverse engineer, or disassemble the Software, or otherwise convert the Software to a human or machine-readable form. Any sublicense, assignment, or transfer in contravention of the foregoing sentence shall be null and void.
g. Any Software that may be available for downloading on the Site may be subject to export controls imposed by Canada and/or the United States (as well as other countries) and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which Canada and/or the United States has placed any type of embargo, including without limitation, Cuba, Iran, Iraq, North Korea, Sudan, and Syria; (b) to any person or entity on the Foreign Affairs, Trade and Development Canada’s List; or (c) to any person or entity on the U.S. Commerce Department’s Denied Persons List. If Users download or use any Software, Users represent and warrant that Users are not located in, under the control of, or a national of any such country and that Users are not on any such list.
a. Submissions are not necessarily reviewed before they are posted on the Site.
b. Franchisees are responsible to moderate and review all Submissions posted on the Site at its organization and restaurant levels, including notifying McDonald’s to remove content on the Site that violates these Terms. Any disciplinary action of a User employed by a Franchisee, up to and including termination, is to be determined by the Franchisee.
c. Any offensive content should be immediately reported by contacting firstname.lastname@example.org or 1 (800) 668-9164.
6. THIRD PARTY WEBSITE LINKS
a. The Site may contain links to other websites. By clicking on one of these links, the User will be leaving the Site. McDonald’s does not endorse and is not responsible for the content of such third party websites, including any products or services referred to therein. Likewise, such third party websites do not necessarily endorse McDonald’s products or services, nor are they responsible for any of the Content of this Site. The terms of service and privacy policies applicable to external websites may be different from those applicable to this Site. If the User decides to access any external website through a link within the Site, the User does so entirely at his/her own risk, and McDonald’s is not liable for any loss or damage arising from the User’s access or use of any external website.
b. Users are not permitted to post links to the Site on any other websites. McDonald’s prohibits site caching, the use or posting of unauthorized links to the Site, and any “framing” of the Site or any Content that causes the Site or any Content to appear in a window with any other material that does not constitute Content.
7. RESTRICTION OF LIABILITY AND DISCLAIMER
a. McDonald’s is not responsible for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, internet service providers, websites, or other connection, availability, or accessibility problems arising in connection with the use of the Site or over the course of any online or offline activities associated with the Site. McDonald’s is not liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure.
b. In no event shall McDonald’s, its contractors, suppliers, content providers, Franchisees and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing, be liable to any User or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) use of or reliance on the Site or the Content; (b) participation in any online or offline activities associated with the Site or the Content; (c) McDonald’s performance of or failure to perform its obligations in connection with these Terms; (d) the defamatory, offensive, or illegal conduct of Users of the Site or of third parties; or (e) the purchase or use of any goods or services provided by third parties.
c. Under no circumstances shall McDonald’s, its contractors, suppliers, content providers, Franchisees and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing, be liable to any User, User company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, bodily injury, death, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms, use of the Site or the Content, participation in any online or offline activities associated with the Site, or the transmission of information to or from the Site over the Internet, even if McDonald’s was advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of McDonald’s, its contractors, suppliers, content providers, Franchisees and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing, shall be limited in accordance with these Terms to the fullest extent permitted by law. McDonald’s total liability to any User for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount a User paid to access this Site.
d. The Content may include technical inaccuracies or typographical errors. Users understand and agree that access to and use of the Site and the Content are at the User’s own initiative and risk. McDonald’s does not make any promise, covenant, representation, warranty, or guarantee that the User or any other User of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is the User’s responsibility to take appropriate precautions to ensure that any Content that the User or any User accesses, uses, downloads, or otherwise obtains on or through the Site and McDonald’s are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose that the User may desire to use them (subject to these Terms); and (b) free of viruses, worms, trojan horses, or other code or defects that manifest contaminating or destructive properties. Users understand and agree that McDonald’s cannot and does not guarantee or warrant that any Content, or any files or software from any source, available for downloading through this Site will be free of such code or defects.
e. The Site and the Content are provided “as is” and “as available,” without warranties of any kind, either expressed or implied. McDonald’s disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. McDonald’s does not warrant that the Site or the Content will be uninterrupted or error-free, that any defects in the Site or the Content will be corrected, or that the Site, the Content, or any servers that make the Site available are free of viruses or other harmful components. McDonald’s does not warrant or make any representations regarding the correctness, accuracy, or reliability of this Site or the Content. Users acknowledge that any reliance upon the Site or the Content shall be at the User’s sole risk. McDonald’s reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and in any Content.
a. In using the Site, each User agrees to defend and indemnify McDonald’s, Franchisees, and the officers, directors, employees, representatives, and agents of the foregoing, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable legal fees), made by any third party due to or arising out of: (a) any Submissions that Users submit and any other content, data, or information that Users submit, post to, or transmit through the Site; (b) Users access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and McDonald’s; (c) Users’ violation of these Terms; or (d) Users’ violation of any rights of any third party. McDonald’s reserves and the User grants to McDonald’s the right to assume the exclusive defense and control of any matter subject to indemnification by the User. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
9. INTELLECTUAL PROPERTY
a. The trademarks, logos and artwork displayed on the Site include the registered and unregistered trademarks and copyright of McDonald’s Corporation and its affiliates. The following trademarks used herein are owned by McDonald’s Corporation and its affiliates:
Aider les enfants. Soutenir les familles.; atoMc; atoMc design/conception atoMc; Bacon ‘n Egg McMuffin; Big Breakfast; Big Mac; Birdie; Birdie the Early Bird Design/conception de Zoiso, la lève tôt; c’est ça que j’m; ça c’est pour moi; CBO; Chicken McNuggets; Cinnamon Melts; Clinique mobile Ronald McDonald; Create Your Taste; Create Your Taste–Créez à votre goût Design/conception Create Your Taste–Créez à votre goût; Créez à votre goût; Egg McMuffin; Filet-O-Fish; Fondant à la cannelle; French Fry box Design/conception de la boîte à frites; Golden Arches; Golden Arches Hockey; Golden Arches Logo/logo des Arches d’or; Grand McDon; Grimace and Design/Grosse Douceur et conception; Hamburger University; Hamburglar and Design/Pique-Burger et conception; Happy Meal; Happy Meal Box Design/conception de la boîte à Joyeux festin; Helping kids. Supporting families.; Hockey des Arches d’or; i’m lovin’ it; Joyeux festin; Le 12; les Arches d’or; MacPoulet; Manoir Ronald McDonald; Manoir Ronald McDonald House and Design/Manoir Ronald McDonald House et conception; Max-matin; McCafé; McCafé Signature logo/logo signature McCafé; McChicken; McCôte; McCrêpes; McCroquettes; McD’s; McDo; mcdoetmoi; McDonald’s; McDonald’s Building Designs/conceptions des bâtiments McDonald’s; McDonald’s Internet Logo/logo Internet de McDonald’s; McDonaldland; McDouble; McFlurry; McGriddles; McHappy Day; McHappy Day and Design/McHappy Day et conception; McHomard; McLobster; McMuffin; McNuggets; McRib; McTasters; McValeur; McWrap; Mighty Angus; More-Ning; Nos aliments. Vos questions.; Œuvre des Manoirs Ronald McDonald; Œuvre des Manoirs Ronald McDonald House Charities and Design/Œuvre des Manoirs Ronald McDonald House Charities et conception; On est là pour nos employés; Our Food. Your Questions.; ourlounge; Parc Ronald; PlayPlace; Poulet McCroquettes; QPC; QPC BLT; Quart de livre; Quarter Pounder; Quarter Pounder with Cheese; RMHC; Ronald McDonald; Ronald McDonald and Design/Ronald McDonald et conception; Ronald McDonald Care Mobile; Ronald McDonald Family Room; Ronald McDonald House; Ronald McDonald House and Design/Ronald McDonald House et conception; Ronald McDonald House Charities; Ronald McDonald House Charities & Design/Ronald McDonald House Charities et conception; Salle familiale Ronald McDonald;
Sausage McMuffin; Shamrock Shake; Smile Design/conception du sourire; Snack Wrap; The 12; Triple Thick Milkshake; Université de hamburgerologie; Value Picks; We take care of our employees; Works for me; World Famous Fries; Wrap-éclair; Zoiso.
All other trademarks displayed on the Site are the properties of their respective owners.
“Minute Maid” ® The Coca-Cola Company, used under license.
ROLO trademark is owned by Société des Produits Nestlé S.A., Vevey, Switzerland and used under license.
OREO is a registered trademark of Mondelēz International, used under license.
QUAKER logo: †TM Trade-mark of PepsiCo Canada ULC Used under license.
Higgins & Burke trademark is owned by Higgins & Burke Ltd.
“Coca-Cola” ®, “Coca-Cola Zero” ®, “Diet Coke” ®, “Sprite” ® are registered trademarks of Coca-Cola Ltd., all used under license.
“Barq’s” ® The Coca-Cola Company, used under license.
“NESTEA” is a registered trademark of Société des Produits Nestlé S.A. licensed to Beverage Partners Worldwide (North America).
Danone is a trademark of GERVAIS DANONE SA used under license by DANONE Inc.
Milk 2 Go is a registered trademark owned by Saputo Dairy Products Canada G.P.
™Kraft and Calorie-Wise are trademarks of Kraft Foods Group Brands LLC.
®/TM/© Mars Canada Inc., 2016. Mars Canada Inc. has no affiliation with and has no participation in the production or distribution of this product.
10. PRIVACY AND ELECTRONIC COMMUNICATIONS
c. This Site may also use the services of third-party providers that deploy cookies in connection with their services. By using the Site, the User consents to the placement of cookies on any device used to access the Site.
d. By using this Site, Users consent to third-party vendors collecting, using, and transmitting technical data about the User’s usage, as well as data about the device, system, software and peripherals from which Users are accessing this Site, to facilitate the provision of software updates and support related to the Site. Users consent to their technical data being transmitted outside of Canada. McDonald’s may also use technical data to enforce these Terms.
e. By using this Site, Users consent to third-party vendors collecting, using, and transmitting information Users provide in using the Site, and other personally identifiable information (i.e., User’s first name, last name, email address, employer and restaurant affiliation, user name and ID) gathered from the Users’ use of the Site, for the purpose of facilitating the improvement and provision of the Site. Users consent to their personal information being transmitted outside of Canada.
f. By registering for and using this Site, Users consent to receive electronic communications.
11. JURISDICTION AND ENFORCEABILITY
a. These Terms will be governed and be interpreted pursuant to the laws of Canada, notwithstanding any principles of conflicts of law.
b. The Terms stored by McDonald’s, electronically or otherwise, shall be deemed to be the true, complete, valid, authentic, and enforceable Terms. The User understands and agrees that the User shall not contest the admissibility or enforceability of the Terms stored by McDonald’s and, in particular, the User shall not contest the admissibility and enforceability of such Terms in connection to any action or proceeding.
c. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than the User, and McDonald’s may assign its rights and duties under these Terms at any time to any third party without notice. The User may not assign these Terms without the prior written consent of McDonald’s. The waiver of any breach of these Terms by McDonald’s shall not be a waiver of any preceding or subsequent breach thereof.
d. If any part of these Terms is found by a court of competent jurisdiction to be 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 the Site may be disclosed, if required by law. These Terms constitute the entire agreement between the parties relating to the use of the Site.