These Terms constitute an agreement between Dunkin Brands, Inc. and its affiliates (collectively, “Dunkin’ Donuts” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
Certain services offered through the DD Online Services, including mobile applications, marketing communications, loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.
We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the DD Online Services. If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email. We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the DD Online Services. By continuing to use the DD Online Services after such notice and/or acceptance, you agree to be bound by these Terms as modified. All changes are effective when we post them and apply to your access and use of the DD Online services thereafter. Changes to the Dispute Resolution provisions (Section 17 below) do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
The DD Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE DD ONLINE SERVICES. By accessing, using and/or submitting information to or through the DD Online Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use the DD Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S ACCESS TO AND USE OF THE DD ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You may need to register an account in order to use certain DD Online Services. In creating an account, you agree to:
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorised use of your account.
You are responsible for providing the equipment and services that you need to access and use the DD Online Services. We do not guarantee that the DD Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the DD Online Services or any component of them and to block or prevent future access to and use of the DD Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the DD Online Services will survive such termination.
The DD Online Services are owned by Dunkin’ Donuts and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the DD Online Services. You may not save or archive a significant portion of the material appearing in or on the DD Online Services. All rights not expressly granted herein are reserved by Dunkin’ Donuts.
You may use the DD Online Services for lawful purposes and in accordance with these Terms. You may not use the DD Online Services:
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DUNKIN' DONUTS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY DD ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
We are constantly improving the DD Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the DD Online Services may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current DD Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the DD Online Services or stop (permanently or temporarily) providing the DD Online Services (or any feature, program or content within the DD Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the DD Online Services at any time. You do not need to specifically inform us when you stop using the DD Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the DD Online Services, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the DD Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:
YOUR ACCESS TO AND USE OF THE DD ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
All products and offers available through the DD Online Services will be delivered only within the United Kingdom. (As used in these Terms, unless otherwise required by context, “United Kingdom” means the United Kingdom of Great Britain and Northern Ireland but excluding British Overseas Territories, Crown Dependencies, possessions and military installations.) All prices displayed on the DD Online Services are quoted in Pounds Sterling and are valid and effective only in the United Kingdom. Dunkin' Donuts reserves the right without prior notice to discontinue or change pricing and other specifications on products offered through the DD Online Services.
To receive emails with the latest news and offers, you may enroll in the Dunkin' UpDDate program (“Program”).
The term "Member" as used in these Terms means an individual user of the DD Online Services who creates a Dunkin' UpDDate profile (“Profile”) by providing his/her name, username, password, valid email address, post code of his/her primary residence and date of birth. Groups, clubs or organisations cannot be Members.
When creating a Profile, you may choose not to receive Program emails but your email address and other contact information may be retained indefinitely in our Program database for administrative purposes. If you choose not to receive Program emails, you will not receive Program benefits. Members are responsible for keeping their Profiles up-to-date to ensure they receive Program news, offers, and coupons.
To become a Member you must reside in and have a valid post code in the the United Kingdom. The Program is void outside the United Kingdom and where otherwise prohibited, restricted or taxed.
We are not responsible for any Program news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete address if the Member’s address is not up-to-date in his/her Profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
From time to time, Dunkin' Donuts may make special offers available to Members. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions.
Creating a Profile does not guarantee receipt of Program news and offers or the availability to you of any promotional offer. The Program or any component of it is subject to change or termination without notice. Continued participation in the Program constitutes acceptance of its then-current terms and conditions.
If you opt-in through your Profile, we will use email and SMS text messaging to communicate Program offers and news. We also may use direct mail to communicate with you. Members who choose not to receive Program emails and/or SMS text messages may not receive all Program news and offers.
To opt-out of Dunkin' UpDDate email communications, update your Dunkin' UpDDate profile by un-checking the appropriate box OR click on the unsubscribe link within a Dunkin' UpDDate email communication.
To the fullest extent allowed by applicable law, Dunkin' Donuts is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the DD Online Services or any materials available in any DD Online Service.
Except as expressly otherwise stated, Dunkin' Donuts does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the DD Online Services. Without limiting the generality of the preceding sentence, Dunkin' Donuts specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the DD Online Services.
Dunkin' Donuts does not guarantee that the functions contained in any of the DD Online Services will be secure, uninterrupted or error-free, that each the DD Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Dunkin' Donuts is aware of them.
In no event will Dunkin' Donuts and its parent's or affiliates' total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the DD Online Services or £65, whichever is less.
Nothing in these Terms will exclude or limit Dunkin' Donuts' liability for death or personal injury caused by our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Unless otherwise noted, all materials published on any DD Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Dunkin' Donuts and/or its subsidiaries and affiliates or by other parties that have licensed their material to Dunkin' Donuts.
Dunkin' Donuts marks displayed in the DD Online Services represent some of the proprietary rights currently owned or controlled by Dunkin' Donuts in the United Kingdom and/or in other countries and are not intended to be a comprehensive compilation of all Dunkin' Donuts' worldwide proprietary ownership rights.
You may not remove or alter any copyright, trademark or other proprietary right notice in the DD Online Services. All rights not expressly granted are reserved.
Commercial use or publication of any item(s) displayed is strictly prohibited without prior authorisation from Dunkin’ Donuts and nothing contained in these Terms shall be construed as granting any such licence to use any item displayed. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
Dunkin' Donuts will investigate notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. Dunkin' Donuts also reserves the right to remove and disable access to any user-posted material which, in Dunkin' Donuts' sole judgment, may be infringing or violating another's intellectual property right, whether or not Dunkin' Donuts has been notified by the rights holder.
Links provided within the DD Online Services will allow you to connect to other websites and services that are not under Dunkin' Donuts' control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
The DD Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the DD Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
Unfortunately, Dunkin' Donuts is unable to accept unsolicited ideas. But thanks for thinking of us. By submitting any material to us through any of the DD Online Services, you expressly grant to Dunkin' Donuts and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Dunkin' Donuts and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise ("your identification"), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called "moral rights" have been waived.
You may use the DD Online Services solely for the purpose of learning about the Dunkin' Donuts franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via our franchising page.
Dunkin' Donuts controls and operates the DD Online Services from within the United States. Unless otherwise specified on any DD Online Services, the DD Online Services are intended to promote only those Dunkin' Donuts products that are sold by Dunkin' Donuts in the United Kingdom; Dunkin' Donuts makes no representation that the materials in the DD Online Services or the products described thereby are appropriate or available for use in other locations. If you access the DD Online Services from outside the United Kingdom, be advised the DD Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the DD Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the DD Online Services.
You may use the DD Online Services for the purpose of learning about the Dunkin' Donuts franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via our franchising page. The Dunkin' Donuts franchise system is not a trading scheme under the Fair Trading Act 1973 and the Trading Schemes Act 1996.
YOU AND DUNKIN’ DONUTS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute between you and Dunkin’ Donuts and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Dunkin’ Donuts”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in London, England administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof.
Nothing in these Terms shall prevent either you or us from seeking any provisional/preliminary relief (including, but not limited to, injunctions) from any court of competent jurisdiction, and any such application to a court for provisional/preliminary relief shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Dunkin’ Donuts will provide such notice by e-mail to your e-mail address on file with Dunkin’ Donuts and you must provide such notice by e-mail to firstname.lastname@example.org with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dunkin’ Donuts will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Dunkin’ Donuts for all fees associated with the arbitration that Dunkin’ Donuts paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Dunkin’ Donuts and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Dunkin’ Donuts nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.
If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).. For purposes of this section, these Terms and related transactions will be subject to and governed by the Arbitration Arbitration Act 1996.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the DD Online Services by any authority.
No delay or failure on the part of Dunkin' Donuts to enforce any part of these Terms will constitute a waiver of any of Dunkin' Donuts' rights under these terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Dunkin' Donuts nor the reliance of any person on Dunkin' Donuts' actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Dunkin' Donuts will have any legal effect whatsoever. If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Dunkin’ Donuts but you may not assign them without the prior express written consent of Dunkin’ Donuts. The headings and captions contained herein are for convenience only.
Contact Dunkin' Donuts
If you have questions regarding any of these Terms, you can email us at email@example.com.
© 2013 DD IP Holder LLC.
The Dunkin' Donuts name, design, logos and related marks are registered trademarks of DD IP Holder LLC. All rights reserved.
Last updated: November 2013