STARBUCKS® PH APPLICATION TERMS OF USE AND AGREEMENT

Last modified 3 April 2018.

IMPORTANT -- PLEASE READ: DOWNLOAD, INSTALLATION OR USE OF THIS STARBUCKS PHILIPPINES MOBILE APPLICATION (THIS “APPLICATION”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AND ANY REVISION OR AMENDMENT THEREOF AS RUSTAN COFFEE CORPORATION ("STARBUCKS") MAY FROM TIME TO TIME MAKE, AND CONSTITUTES A BINDING AGREEMENT BETWEEN YOU (“USER”) AND STARBUCKS, GOVERNING THIS APPLICATION AND ITS USE. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THIS APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY. THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT STARBUCK’S LIABILITY TO USER.

Eligibility

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. Should User’s parent or guardian not agree to these Terms, User must immediately uninstall the Application and discontinue its use. The use or continued installation of the Application by such user under the age of eighteen (18) shall signify that he has complied with such obligation to review and that the parent or guardian agreed with these Terms and Starbucks may rely on such representation as to compliance and agreement.
In order to use certain functions of the Application, User will need to register for an account (the “account”). User agrees to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating the account; (c) maintain and promptly update account information; (d) maintain the security of the account by not sharing the password thereto with others and restricting access to the account; (e) promptly notify Starbucks if User discovers or otherwise suspect any security breaches relating to the Application, and (f) take responsibility for all activities that occur in the account and accept all risks of unauthorized 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 (currently 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 http://play.google.com/about/play-terms.html) (“Google Terms”); and (c) other Starbucks policies, including the terms of use for the Starbucks Website and the Starbucks Card, posted at www.starbucks.ph/card (“Starbucks Website”), collectively, the “Starbucks Policies”. 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 terms apply to the Application, provided that to the extent possible the provisions should be harmonized.

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 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, videos, 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, User. Users are only entitled to the limited use of the Application granted to Users under these Terms and Starbucks Policies. 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.

Mobile 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 load value or to purchase Starbucks products in the same manner as is possible with a Starbucks Card (“Mobile Payment”). Mobile Payment is accepted at all Starbucks stores in the Philippines. Starbucks reserves the right at any time to discontinue Mobile Payment or change the location of stores accepting Mobile Payment Starbucks reserves the right at any time to discontinue Mobile Payment or change the location of stores accepting Mobile Payment.

Email Communications, Text Communications, Push Notifications and In-App Messages

If 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 from Starbucks by adjusting the User’s profile settings in the User’s Starbucks account via www.starbucks.ph/card.
Similarly, upon download of this Application, the User is provided the option to opt-in to receive push notifications from Starbucks on his or her Device. This may include promotional communications, 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.
Finally, by using this Application, in-app messages will automatically be displayed to the User via the Application’s display tiles and/or sent to the User via the Application’s inbox, including promotional communications and offers. If the User does not wish to see or receive such messages, the User must cease use of the Application.

User Information

Some functionality of the Application, including Mobile Payment, push notification and location-based services and functionality, may require the transmission of information provided by the User including but not limited to user names 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 location-based services and technology, 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 the Starbucks Privacy Policy (located at www.starbucks.ph/card). Please see the Privacy Policy for more information about how we may use and store such User Information, and how to 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, for all transactions and other activities undertaken with any Starbucks Card registered in the User’s name. The User agrees to immediately notify Starbucks of any unauthorized transactions associated with the Application including Online Payment 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.

Acceptable 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 in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate 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) use or launch 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; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). Starbucks reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Mobile Payment, remove Content or assert legal action with respect to Content or use of the Application, including Mobile Payment, that Starbucks reasonably believes is or might be in violation of these terms of Acceptable Use or Starbucks Policies including the Starbucks Card and My Starbucks Rewards Terms and Conditions, but Starbucks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. Users shall not use the Application while driving and all use of the Application must be in accordance with these Terms and comply with all applicable rules and regulations.

Indemnification

The User agrees to defend, indemnify, and hold harmless Starbucks, and their affiliated companies, and their employees, contractors, officers, and directors (“Starbucks Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) (“Claims”) that arise from or relate to the User’s use or misuse of the Application (including Mobile Payment), 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, officers, and directors, 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 “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, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, 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 ORDERS TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF MOBILE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION IN THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL STARBUCKS AND THEIR AFFILIATED COMPANIES (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN MOBILE PAYMENT; AND (B) BE LIABLE TO THE USER FOR ANY DIRECT, 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 ONLINE PAYMENT OR ONLINE RELOAD. 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.

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. Starbucks does not control, endorse or adopt any Third-Party Content, and inclusion of any link does not imply affiliation, endorsement or adoption by Starbucks of any application or any information contained therein, and Starbucks makes no guarantee as to its accuracy or completeness. User acknowledges and agrees 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. User agrees to use such Third-Party Content contained therein at your own risk. When User uses other applications via Third-Party Content, or participates in promotions or business dealings with third parties, user understands that Starbucks terms and policies may no longer govern, and that the terms and policies of those third-party applications shall also be applicable. User should review the applicable terms and policies, including privacy and data gathering practices, of any application to which the user navigates from Starbucks’ Application. User agrees to comply with any applicable third-party terms when using the Application.

Modifications to the Application

Starbucks reserves the right to modify or discontinue, temporarily or permanently, the Application or any features or portions thereof without prior notice. You agree that Starbucks will not be liable for any modification, suspension or discontinuance of the Application or any part thereof.

Marks, Application and Content

“Starbucks”, “Starbucks Coffee Company”, 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.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Philippines, 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 exclusive jurisdiction of the courts of the Philippines for purposes of any legal action arising out of or related to the use of the Application or these Terms. Venue is exclusively vested with the proper courts of Makati City, to the exclusion of other courts.

Changes

Starbucks reserves the right to change, modify, revise or amend these Terms or any other Starbucks Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Starbucks Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Starbucks

For any questions, complaints or claims regarding the Application, please call our Customer Care Hotline at (02) 462-6262 (Metro Manila) or 1-800-10-462-6262 (domestic toll-free via PLDT) Mondays to Sundays,9:00 am to 9:00 pm or send us an email through our online Customer Feedback page at www.starbucks.ph/card Rustan Coffee Corporation 14 Jupiter Street corner Asteroid Street, Bel-Air 1, Makati City 1200