The Application may only be used by individuals aged thirteen (13) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand them. User represent and warrants that (a) he/she is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.
Apple Terms and Conditions; Starbucks Policies
These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other Starbucks policies, including My Starbucks Rewards™, posted at www.starbucks.com (“Starbucks Website”). If any of the provisions of the Apple Terms and Conditions or the any applicable Starbucks policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
Subject to these Terms, Starbucks grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only on an iOS product (a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. These Terms and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to purchase Starbucks products in the same manner as is possible with a Starbucks stored value card (“Starbucks Card”) in accordance with the Starbucks Card Terms and Conditions (located at www.starbucks.com/card/card-terms-and-conditions) (“Mobile Payment”). Mobile Payment is accepted at all company operated Starbucks retail locations and some Starbucks licensed stores. Starbucks reserves the right at any time to discontinue Mobile Payment or change the location of stores accepting Mobile Payment.
Mobile Order and Pay (MOP)
Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User in certain Starbucks retail locations in certain markets to use the Application to order and pay for certain Starbucks products using a Starbucks Card prior to arrival at the store (“MOP”). Starbucks reserves the right at any time to discontinue MOP or change the location of stores accepting MOP.
The User is solely responsible for maintenance of the confidentiality and security of any User Information which the User transmitted from or stored on a Device for purposes of the Application, including Mobile Payment and MOP, for all transactions and other activities undertaken with any Starbucks Card registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify Starbucks of any unauthorized transactions associated with the Application including Mobile Payment and MOP or any other breach of security. Starbucks shall not be responsible for any losses arising out of the loss or theft of User Information which the User transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with Application.
Email Communications and Push Notifications
If a User signs up for a Starbucks account using the Application, the User is, by default, opted in to receive promotional email communications from Starbucks (“Email Communications”). The User may, at the time of sign up, opt out of receiving Email Communications from Starbucks. Thereafter, the User may opt out of receiving Email Communications solely by adjusting the User’s profile settings in the User’s Starbucks account via www.starbucks.com.
Similarly, upon download of this Application, the User is, provided the option to opt into receive push notifications from Starbucks on their Device and within the Application. This may include promotional communications, Pick of the Week offers, and system messages pushed to the Device or within the Application mailbox (“Push Notifications”). The User may, at any time following download of this Application, opt out of receiving Push Notifications by type by adjusting the “Starbucks Notifications” switch within the Application settings to “off", or within the Device’s settings application under "Notifications" to completely opt out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to Email Communications.
At Starbucks request, the User agrees to defend, indemnify, and hold harmless Starbucks, its parent and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User’s use or misuse of the Application (including Mobile Payment or MOP), violation of these Terms, or violation of any rights of a third party. Starbucks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, Starbucks, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
STARBUCKS IS PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, STARBUCKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION OR MOP ORDERS TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF MOBILE PAYMENT AND MOP) WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, THAT MOP ORDERS WILL BE AS PLACED OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE.
In the event of any failure of the Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Starbucks sole responsibility. Additionally, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Starbucks, not Apple, is responsible for addressing any claims of the User or any third party relating to this Application.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL STARBUCKS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN MOBILE PAYMENT OR MOP; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN MOBILE PAYMENT OR MOP.
Marks, Application and Content
Starbucks Coffee Company, Starbucks, the Starbucks logo, and other Starbucks trademarks, service marks, graphics, and logos used in connection with the Application are trademarks or registered trademarks of Starbucks Corporation (collectively “Starbucks Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Starbucks Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Starbucks or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Starbucks or the owner of the Content.