Terms of Starbucks Mobile App

(For iOS Users)

USE OF THE STARBUCKS MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY STARBUCKS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND STARBUCKS (CHINA) COMPANY LIMITED (“STARBUCKS”) GOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING THE APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THE APPLICATION IMMEDIATELY.

Eligibility

If the User is under the age of eighteen (18) years, the User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand them.

Functionality

The functionality of the Application is subject to the availability and the operational limitations of the applicable requisite equipment and associated facilities. The User understands and agrees that temporary interruptions of the Application may occur as normal events during the use of the Application. Starbucks does not offer any guarantee that the functions of the Application will be uninterrupted or error-free, or that the websites or the servers related to the provision of the Application will be free of viruses or other harmful components.

Apple Terms and Conditions; Starbucks Policies

These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and other Starbucks policies, including but not limited to My Starbucks Rewards Program Terms and Conditions, posted at http://www.starbucks.com.cn (“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.

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 use only on an Apple iPhone, iPad or iPod Touch (each 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.

User Information

Some functionality of the Application, including but not limited to the location based services and functionality, may require the transmission of information provided by the User including user names and passwords, addresses, e-mail addresses, information related to My Starbucks Rewards Card or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to Starbucks, or its agents and authorizes Starbucks and its agents to record, process and store such User Information as necessary for the Application functionality and for purposes described in the Starbucks Privacy Policy.

The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application for all activities, including but not limited to those undertaken with any My Starbucks Rewards Card registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify Starbucks of any unauthorized activities associated with the Application or any other breach of security. Starbucks shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent activities associated with Application.

Acceptable Use

Use of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. In no event may the Application be used 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 Starbucks 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 Starbucks 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, remove Content or assert legal action with respect to Content or use of the Application, that Starbucks reasonably believes is or might be in violation of these terms of Acceptable Use or Starbucks Policies, but Starbucks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Indemnification

At Starbucks request, the User agrees to defend, indemnify, and hold harmless Starbucks and 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, 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.

No Warranties

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 OR FREE OF DEFECTS 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 OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability

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; 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.

Marks, Application and Content

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 People’s Republic of China, without regard to its conflict of laws rules. The User and Starbucks irrevocably consents that any dispute arising out of or related to the use of the Application or these Terms shall be resolved through arbitration before Shanghai Arbitration Commission according to the arbitration rules of Shanghai Arbitration Commission in effect at the time of arbitration.

Third Party Beneficiary

Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.

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 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.

Contact Starbucks

Any questions, complaints or claims regarding the Application should be directed to:

Starbucks (China) Company Limited, Customer Care, 24th floor, Xinyan Building B, 65 Guijing Road, Shanghai 200233, P.R. China

Phone: 86-21-24125888

E-mail: customercarecn@starbucks.cn


(For Android Users)

USE OF THIS STARBUCKS MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY STARBUCKS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER) AND STARBUCKS (CHINA) COMPANY LIMITED (“STARBUCKS”) GOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING 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.

Eligibility

If the User is under the age of eighteen (18) years, the User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand them.

Functionality

The functionality of the Application is subject to the availability and the operational limitations of the applicable requisite equipment and associated facilities. The User understands and agrees that temporary interruptions of the Application may occur as normal events during the use of the Application. Starbucks does not offer any guarantee that the functions of the Application will be uninterrupted or error-free, or that the websites or the servers related to the provision of the Application will be free of viruses or other harmful components.

Third Party Terms and Conditions; Starbucks Policies

These Terms supplement and incorporate (a) the terms and conditions of any site from which User downloads the Application, including but not limited to Google Play and the Android Market; (b) the terms and conditions of any agreement Starbucks signed or agreed to when developing the Application (together with (a), collectively “Third Party Terms”),and (c) other Starbucks policies, including but not limited to My Starbucks Rewards Program Terms and Conditions, posted at http://www.starbucks.com.cn (“Starbucks Website”). If any of the provisions of the Third Party Terms or the any applicable Starbucks policies conflict with these Terms, these Terms will control, solely to the extent such terms 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 use only on a mobile device operating on an Android platform (each a “Device”) owned or controlled by User as permitted by any usage rules contained in the Third Party 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.

User Information

Some functionality of the Application, including but not limited to the location based services and functionality, may require the transmission of information provided by the User including user names and passwords, addresses, e-mail addresses, information related to My Starbucks Rewards Card or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to Starbucks, or its agents and authorizes Starbucks and its agents to record, process and store such User Information as necessary for the Application functionality and for purposes described in the Starbucks Privacy Policy.

The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application for all activities, including but not limited to those undertaken with any My Starbucks Rewards Card registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify Starbucks of any unauthorized activities associated with the Application or any other breach of security. Starbucks shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent activities associated with Application.

Acceptable Use

Use of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. In no event may the Application be used 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 Starbucks 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 Starbucks 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, remove Content or assert legal action with respect to Content or use of the Application, that Starbucks reasonably believes is or might be in violation of these terms of Acceptable Use or Starbucks Policies, but Starbucks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Indemnification

At Starbucks request, the User agrees to defend, indemnify, and hold harmless Starbucks and 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, 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.

No Warranties

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 OR FREE OF DEFECTS 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 OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability

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; 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.

Marks, Application and Content

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 People’s Republic of China, without regard to its conflict of laws rules. The User and Starbucks irrevocably consents that any dispute arising out of or related to the use of the Application or these Terms shall be resolved through arbitration before Shanghai Arbitration Commission according to the arbitration rules of Shanghai Arbitration Commission in effect at the time of arbitration.

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 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.

Contact Starbucks

Any questions, complaints or claims regarding the Application should be directed to:

Starbucks (China) Company Limited, Customer Care 4th Floor, Innovation Building 1009 Yishan Road, Shanghai 200233, People’s Republic China

Phone: +86-400-820-6998

E-mail: customercarecn@starbucks.cn