DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THIS STARBUCKS HONG KONG MOBILE APPLICATION (THIS "APPLICATION") CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE ("TERMS"), WHICH SUCH TERMS MAY BE REVISED BY COFFEE CONCEPTS (HONG KONG) LIMITED, AUTHORIZED LICENSEE OF STARBUCKS CORPORATION IN HONG KONG ("STARBUCKS", "WE", "US", OR "OUR") FROM TIME TO TIME UPON NOTICE TO YOU, AND IS A BINDING AGREEMENT BETWEEN THE USER ("USER", "YOU", "YOUR") AND STARBUCKS GOVERNING THE USE OF THIS APPLICATION. IF THE USER DOES NOT AGREE TO THESE TERMS, THE USER SHOULD NOT USE AND SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY. THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO THE USER.

Eligibility

The Application may only be used by individuals aged eighteen (18) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, the User should review these Terms with the User’s parent or guardian to make sure the User and the User’s parent or guardian understand and agree to them. Should the User’s parent or guardian not agree to these Terms, the User must immediately uninstall the Application and discontinue its use.

In order to use certain functions of our Application, you will need to register for an account unless otherwise specified. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) to follow the guidance provided by us from time to time (including, but not limited to, through the Starbucks website and/or the Application) in designating a password (the "Password") when creating your account (you may change the Password at any time, but any change shall be effective only if accepted by us); (e) maintain the security of your account by not sharing your Password with others and restricting access to your account and your Device (as defined below) on which the Application is installed; (e) promptly notify Starbucks if you discover or otherwise suspect any security breaches relating to the Application; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

The Application is available to handheld mobile devices running Apple iOS and Android Operating Systems. In order to use the Application, you are required to have a compatible Device and Internet access.

Apple and Google Terms and Conditions; Starbucks Policies

These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s ("Apple") system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein ("Apple Terms"); (b) in case the Application is distributed through Google Inc.’s ("Google") system, Google Play Terms of Service (located at https://play.google.com/about/play-terms.html) ("Google Terms"); and (c) other Starbucks policies ("Starbucks Policies"), including, but not limited to, the terms of use for the Starbucks Website (as defined below), the Starbucks stored value card ("Starbucks Card") and the Starbucks Reward Program, the Starbucks Privacy Policy, and any other policies which Starbucks may issue from time to time, posted at www.starbucks.com.hk ("Starbucks Website"). If any of the provisions of the Apple Terms, Google Terms or any applicable Starbucks Policies conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.

User License

Subject to these Terms, Starbucks grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a "Device") owned or controlled by the User as permitted by the Apple Terms or the Google 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") including these Terms is prohibited. These Terms and User License also governs 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.

Any and all rights in the Application are and shall remain the exclusive property of Starbucks. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, the User. Users are only entitled to the limited use of the Application granted to Users under these Terms. Starbucks reserves all rights not expressly granted under these Terms.

The User is responsible for any costs associated with downloading, installing, accessing and/or using the Application which may depend and vary on the terms and conditions of the User’s own mobile device service provider.

Starbucks may, at any time and without giving notice to you, make changes, corrections and/or improvements to the Application, stop providing the Application or features of the Application to you or to Users generally, or create usage limits for the Application.

These Terms are effective until terminated. You may terminate these Terms at any time by uninstalling the Application and destroying all copies of the Application in your possession.

We may suspend or terminate these Terms at any time by giving you reasonable prior notice. We need not, however, give you notice where we have serious grounds for considering that immediate termination is required (e.g. if we reasonably suspect fraudulent or unauthorized use of the Application). In the event that these Terms are terminated, the provisions of these Terms shall continue to apply as between us in respect of anything either of us did whilst these Terms were in force.

Upon any termination, you agree to uninstall the Application immediately and destroy all copies of the Application, any accompanying documentation, and all other associated materials. Starbucks reserves the right to terminate these Terms at any time if you are in breach of any of the terms of these Terms.

Online Payment

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 a virtual Starbucks Card, or load value to or make payment by a Starbucks Card or a virtual Starbucks Card (collectively, “Starbucks Card”) or to transfer any or all of the outstanding balance from one Starbucks Card to another Starbucks Card in accordance with these Terms and the Starbucks Policies including, but not limited to, the Starbucks Card Account Terms of Use and Agreement (located at Starbucks.com.hk/Card) or which will allow the User to use a Device to make payment by credit card in accordance with these Terms and the Starbucks Policies ("Online Payment"). Starbucks reserves the right at any time to discontinue any or all of the functions of Online Payment.

If the User elects to use the Online Payment functionality of the Application, the User may also elect to use the functionality of the Application to allow the User to automatically reload a Starbucks Card that is registered with the User’s Starbucks account by using the Application and/or the User’s Starbucks account online via the Starbucks Website. The User may simply set the reload amount at which the User wants to reload the Starbucks Card each time the Starbucks Card balance is below a certain selected amount and register the auto-reload function with the User’s designated credit card, and such auto-reload amount shall be paid via the registered credit card and loaded onto the Starbucks Card. Each auto-reload transaction will be displayed under the account transaction history in the Application or by logging into the User’s Starbucks account online via the Starbucks Website. Users can change their auto-reload preferences and details (including but not limited to the auto-reload amount, the amount of the balance which triggers an auto-reload and the credit card to be charged for auto-reload), or turn off the auto-reload function, at any time via the Application and/or the User’s Starbucks account online via the Starbucks Website. Changes may require at least 24 hours to take effect. Only one auto-reload transaction can be carried out per day and 12:00 midnight is the cut-off time for each day. Once any dollar value is loaded onto a Starbucks Card, the transaction cannot in any event be cancelled and/or reversed.

Mobile Order and Pay (MO&P) and Mobile Order To Table

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 participating Starbucks stores in Hong Kong and Macau to (a) use the Application to order and pay for certain Starbucks products using a Starbucks Card prior to arrival at the store ("MO&P"); (b) use the Application to order, pay for certain Starbucks products; (c) if you make your order with MO&P (“First Order”) and stay in a participating Starbucks store, an alert will be sent through the Application after certain time of the First order on whether a subsequent order for certain Starbucks products is required, which alert you may click for ordering and paying for certain Starbucks products using a Starbucks Card (“Nudge Service”); or (d) use the Application to pay for certain Starbucks products using a Starbucks Card and enjoy delivery of such products to the table in a participating Starbucks store where you locate by scanning the QR code on the table (“Mobile Order To Table”).  MO&P, [Nudge Service and Mobile Order To Table] is accepted at all the participating Starbucks stores in Hong Kong and Macau except the stores located at the Hong Kong Baptist University, HKUST, Hong Kong University Student Union, Hong Kong University Library, Eastern Hospital, Pacific Place Level 1, Asia World-Expo, Wynn Macau and Hotel Wynn Palace (Back of House). Starbucks reserves the right at any time to discontinue MO&P, Nudge Service or Mobile Order To Table or change the location of the participating stores accepting MO&P, Nudge Service or Mobile Order To Table.

Email Communications, Text Communications and Push Notifications

If a User signs up for a Starbucks account using the Application, the User will be given the opportunity to opt-in or opt-out to receive promotional email communications from Starbucks ("Email Communications"). Thereafter, the User may opt-in or opt-out of receiving Email Communications at any time by adjusting the User’s profile settings in the User’s Starbucks account via www.starbucks.com.hk.

Similarly, upon download of this Application, the User is, provided the option to opt-in or to opt-out of receiving push notifications from Starbucks on their Device and within the Application. This may include Nudge Service notifications, 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-in or 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.

The sending of Email Communications and Push Notifications is described further in, and will be governed by, the Starbucks Privacy Policy (for details of the Starbucks Privacy Policy, please check the Starbucks website at www.starbucks.com.hk).

User Information

Some functionality of the Application, including Online Payment and MO&P, purchase of virtual Starbucks Card, Nudge Service, Mobile Order To Table, Starbucks eGift and location based services and functionality, may require the transmission of information provided by the User including but not limited to usernames and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to a Starbucks Card or GPS location ("User Information"). In order to use certain Application functionality, such as and location-based services and technology, the User must either: (a) enable "location services" in the Application; and/or (b) set the permissions in his or her mobile device to allow communication of this information. If the User uses such Application functionality, the User consents to the transmission of User Information to Starbucks, its agents and/or service providers and authorizes Starbucks, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality, and for purposes described in, and in accordance with, the Starbucks Privacy Policy (for details of the Starbucks Privacy Policy, please check the Starbucks website at www.starbucks.com.hk). Please see the Privacy Policy for more information about how we may use and store such User Information, and how to opt-in and opt-out of sharing User Information, including GPS location.

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 Online Payment, MO&P, Nudge Service and Mobile Order To Table,  for all transactions and other activities undertaken with any Starbucks Card registered in the User’s name or in relation to purchase of Starbucks eGift, whether authorized or unauthorized. The User agrees to immediately notify Starbucks of any unauthorized transactions associated with the Application including Online Payment, MO&P, Nudge Service and Mobile Order To Table,   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 the Application.

Unacceptable Use

Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the Starbucks Policies. In no event may the Application be used (whether by the User or a third party allowed by the User) in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, Starbucks Website or Content that is not authorized by Starbucks; (d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, Starbucks Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Starbucks computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Starbucks servers or networks; (j) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; (k) fails to comply with applicable third party terms; (l) makes and/or distribute copies of the Application; (m) attempts to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (n) create derivative works of the Application of any kind whatsoever (collectively "Unacceptable Use"). Starbucks reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Online Payment, MO&P, Nudge Service and/or Mobile Order To Table remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, MO&P, Nudge Service and Mobile Order To Table that Starbucks reasonably believes is or might be in violation of these terms of Unacceptable Use or Starbucks Policies including the Starbucks Card Account Terms of Use and Agreement. Starbucks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. Users agree not to use the Application including, but not limited to, that they not place orders through MO&P, while driving.

Indemnification

At Starbucks’s request, the User agrees to defend, indemnify, and hold harmless Starbucks, Starbucks Corporation and their affiliated companies, independent contractors, service providers and consultants and their respective employees, contractors, agents, officers, directors, representatives, and/or advisers fully from and against any and all claims, suits, losses, damages, costs, lawsuits, fines, penalties, liabilities, and/or expenses (direct and/or indirect, and including legal fees and expenses on a full indemnity basis) that arise from or relate to the User’s use or misuse of the Application (including Online Payment, MO&P , Nudge Service and Mobile Order To Table), 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, Starbucks Corporation and their affiliated companies, and their employees, contractors, agents, officers, directors, representatives, and/or advisers, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Warranties; Disclaimers

STARBUCKS IS PROVIDING THE APPLICATION TO THE USER ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, STARBUCKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, OR OTHERWISE, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, AVAILABLE ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED OR SATISFACTORY QUALITY, NON-INFRINGING OR FREE OF DEFECTS OR VIRUSES OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER THAT USER INFORMATION OR MO&P TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT, MO&P, Nudge Service and Mobile Order To Table WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED OR RECEIVED, THAT MO&P, Nudge Service and Mobile Order To Table

WILL BE AS PLACED OR READY AT THE SUGGESTED TIME,OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE.

Starbucks reserves the right to amend or withdraw the Application, or charge for the Application (but we will give you the opportunity to decide whether or not to continue to use the Application and accept such charge) or service provided to you in accordance with this Agreement, at any time and for any reason.

Starbucks will use reasonable efforts to make the Application available at all times. However you acknowledge that the Application is provided over the Internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Starbucks’ reasonable control. Starbucks does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL STARBUCKS, STARBUCKS CORPORATION AND THEIR AFFILIATED COMPANIES (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN ONLINE PAYMENT, MO&P, Nudge Service and Mobile Order To Table; AND (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, 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 ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN ONLINE PAYMENT, MO&P, Nudge Service and Mobile Order To Table. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT (BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) SHALL THE AGGREGATE LIABILITY OF STARBUCKS, STARBUCKS CORPORATION AND THEIR AFFILIATED COMPANIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ANY COMPENSATION THE USER PAYS, IF ANY, TO STARBUCKS FOR ACCESS TO OR USE OF THE APPLICATION DURING THE SIX MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS SHALL EXCLUDE OR RESTRICT STARBUCKS, STARBUCKS CORPORATION AND THEIR AFFILIATED COMPANIES’ LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THEIR NEGLIGENCE.

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 and intellectual property rights, and also may have security components that protect digital information only as authorized by Starbucks or the owner of the Content.

Third Party Content, Applications, Products and Services (including Advertising and Promotions)

Starbucks may provide third party content in the Application (including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Starbucks of any application or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Starbucks is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you use other applications via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party applications will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any application to which you navigate from our Application.

Governing Law and Jurisdiction

These Terms and use of the Application are governed by the laws of Hong Kong, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the non-exclusive jurisdiction of the courts of Hong Kong for purposes of any legal action arising out of or related to the use of the Application or these Terms.

Changes

Starbucks reserves the right to change or modify these Terms or any other Starbucks Policies related to use of the Application at any time and at its sole discretion, changing these Terms within the Application or by posting revisions on the Starbucks Website. Subject to the remainder of this clause, any change, addition or deletion will become effective at the time we post the revised Agreement to our web site, on the Application, in our stores, or as otherwise stated in our notice to you. We will use our reasonable endeavours to notify you of such changes (including, but not limited to, by email at the email address you provided to us when you registered your account). The amended Terms will apply to you if (1) you do not notify us in writing to the contrary within twenty (20) days of the date of our notice (or such other reasonable period of time as specified in our notice to you), or (2) you continued to use the Application following the posting and/or notification to you of these changes or modifications. If you do not accept the changes, you will not be able to use the Application.

Assignment

We may transfer all or part of these Terms without such transfer being considered a change to these Terms, by giving notice to you. The company or other entity to whom we transfer these Terms will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of these Terms so that your rights under these Terms are not detrimentally affected and we will then be released from all liability.

Entire Agreement; Construction

These Terms will be in the English language and the Chinese language. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail. These Terms are the complete and exclusive statement of agreement between you and Starbucks, an authorized licensee of Starbucks Corporation in Hong Kong, and supersedes all prior proposals and all other agreements in respect of the subject matter of this Agreement. If any provision of these Terms is illegal or unenforceable, that provision will be deleted from these Terms, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of these Terms. Our failure to exercise or to enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and any waiver of any provision of these Terms will be effective only if in writing and signed by us.

Third Party Rights

These Terms do not create any right enforceable by any person who is not a party to this Agreement under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) (the "Ordinance"), but this provision does not affect a right or remedy of a third party that exists or is available apart from this Ordinanc

COMPANY INFORMATION

Coffee Concepts (Hong Kong) Limited
18/F, Maxim’s Centre, No. 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong

Customer Call Centre
Hong Kong Toll-Free Number: (852) 2101-1399
Mondays to Fridays, 9:00 a.m. - 6:00 p.m.
Closed on Saturdays, Sundays and public holidays.

Coffee Concepts (Macau) Limited
Rua Dos Clerigos Nos 89-95, Taipa, Macau

Customer Call Centre
Macau Toll-Free Number: (853) 0800933
Mondays to Fridays, 9:00 a.m. – 6:00 p.m.
Closed on Saturdays, Sundays and public holidays.