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Legal
Conditions governing your access to and use of this website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE WEBSITE / MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE/ MOBILE APPLICATION.
Use of the Sites by the user (“You”, “Your” “User and “Customers”) is subject to the terms and conditions contained herein.
By visiting our Sites and/ or purchasing something from the Company, You engage in our services and agree to be bound by the following terms and conditions (“Terms and Conditions”/ “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink These Terms and Conditions apply to your access to, and use of, all or part of this website www.burgerkingindia.in and/or mobile application (collectively, the “Sites”) of Restaurant Brands Asia Limited (herein after known as “the Company”, “RBAL”, “our”, “us” and “we”). These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services or otherwise.
These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
While we make reasonable efforts to provide accurate and timely information about the Company on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about the Company.
The Company reserves the right to change, alter and/or modify these Terms and Conditions or any policy or guideline of the Sites including the Privacy Policy and Promotional T & C, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and Conditions and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.
The information contained in the Sites is for general purposes only. It should be noted that the contents, products and services available are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind for any purpose, express or implied, about the completeness, accuracy, reliability or availability with respect to the website or the information, products, services or related graphics contained or depicted on the website. Any reliance you place on such information is, therefore, strictly at your own risk. RBAL does not warrant that any information obtained from or through the Sites is free from virus or other faults, defects or typographical error.
RBAL shall not be accountable for any losses incurred as a result of any failure of service, mistake, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. There is no intent for the Sites to be used in a court of law.
RBAL’s Privacy Policy and Promotional T & C is an integral component and is hereby incorporated by reference. This Privacy Policy explains in detail the data we gather, how we use it, and with whom we share it.
The Company reserves the right to refuse access to use the services offered at the Application to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
Accessibility of goods and services: You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. RBAL does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system. If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
The online services may be updated or discontinued at any time by RBAL. You agree that RBAL may at any time (with or without notice) update, modify, or terminate the online services (or your access to them), including by automatically updating (or removing functionality or access from) any Burger King’s mobile application you have installed on your device.
How we handle your data and how we communicate with you? Privacy Policy at RBAL. These terms include the RBAL producer of data collection, usage, and disclosure are all covered in detail in our Privacy Policy.
Methods of interaction between us: You may subscribe to RBAL’s email newsletter, text messages, RCS to the phone number you provide, or push notifications through the online services. When you sign up for any of these channels, you agree to receive marketing, transactional, and other messages from RBAL. In accordance with RBAL’s Privacy Statement, we may use the information you have provided to us to contact you.
With regards to the goods offered by the web services: There is no guarantee that the restaurant where you pick up your order will have the items you ordered in stock. You might not be able to find a particular product/ ingredients in the product at a certain restaurant due to unpredictable seasonal conditions and supply of products/ ingredients. Please note that the food and packaging images depicted on these online services are for illustrative purposes only and may differ from what you actually receive when ordering from a restaurant. Colours may look different on your screen than they actually are due to various factors.
Regarding the cost of your order: RBAL sets its own prices and is has the right to levy any applicable taxes or charges at any time at its sole discretion. Restaurant menu/ online menu listing for different regions may have different prices. It’s possible that some promotions and prices won’t apply to your order.
Unsolicited Ideas: According to our policy, RBAL does not review suggestions that were not specifically requested. Although we value your interest in RBAL, we are unable to evaluate suggestions submitted from outside our system at this time. You hereby release RBAL and employees from any and all claims arising out of their consideration, use, or development of any product, design, concept, or other materials similar to, or identical to, your submission, whether such consideration, use, or development occurs now or in the future.
Acceptable uses and restrictions for the online services: With respect to the online services (which includes content), you may not, and may not allow third parties, to:
Limitations on liability and disclaimers: NEITHER RBAL NOR ITS EMPLOYEES WILL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT RBAL’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY BURGER KING’S OWN NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAWS. RBAL RESERVES ALL LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS OR AS ALLOWED BY LAW.
Third Party Services: The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. RBAL does not endorse and is not associated with any of these third party services. RBAL AND ANY OF ITS EMPLOYEES HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.
Click Stream Data: RBAL may keep track of things like the number of hits, the length of visits, and the peak times of day for users to log in so they can better understand how the site is used. This data may be used by RBAL to determine how to better serve our users and evolve our online presence.
Cookies: For reference, “cookies” are bits of data that a website/ application stores on a user’s computer. When you visit our Site, cookies help the Site remember information that will make your next visit easier. When you visit RBAL, you’ll notice that we, like many other websites, use a standard technology called “cookies” to enhance your time spent browsing the Site. For instance, we keep anonymous, aggregate statistics on the total number of people who visit our website. In order to personalise your experience, we may use “cookies” to track the pages and products you’ve viewed on our site and to identify you when you return. For instance, after completing a purchase, you may be given the option to add some customizations to your order so that it can be saved for future use. In such cases, we may link your individual data with the data stored in a cookie. Most web browsers will allow you to delete cookies from your computer, block all cookies, or get a warning before a cookie is stored. To find out how to do this in your particular browser, please consult its documentation or on-screen help. It’s possible that some of our site’s features won’t work properly if you turn off cookies.
Every user of the Sites shall comply with all the applicable laws, including but not limited to the, Information Technology Act, 2000, Income Tax Act, 1961, and shall include any amendments, notifications under any acts and rules thereof under the aforesaid enactments applicable for using Sites or buying any product or service through Sites.
You may be required to register and set up an account (“Account”) for using Sites by entering User Name, Mobile number and OTP received on your mobile number ("Account Information"). The Company as its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide a valid information e.g. like mobile number etc. while creating an Account.
You can create one Account with one mobile number only and it is not advisable to transfer or interchange such Account to any unknown person. The list of information required to be provided by You, the manner of usage, protection and confidentiality of Your information and Account Information are more specifically dealt under the Website’s Privacy Policy and You are requested to read the Privacy Policy in detail before sharing Your information or creating an Account.
The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Company disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein.
You agree to indemnify and hold harmless the Company including affiliates, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of the Company’s service or Additional Terms or these Terms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.
Unless otherwise indicated, the Sites and all content and other materials therein including without limitation to all trademarks, logos, and service marks displayed on the Sites are registered and unregistered Trademarks of Burger King Company LLC (“BKC”) and/or third parties (including the Company) who have authorized their use (collectively the “Trademarks”). All trademarks, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary mark of the Company or its licensors or users and are protected by Indian and/ or international trademark and copyright laws. The IPR relating to RBAL, RBA, Restaurant Brands Asia Limited are owned by the Company.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of BKC’s Trademarks on any other website is strictly prohibited. All of the materials contained on the Sites are copyrighted except where explicitly noted otherwise. BKC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. BKC and or the Company neither warrants nor represents that your use of materials displayed on the Sites will not infringe rights of third parties not owned by or affiliated with BKC.
Use of any Site Materials is at your own risk. Further, the Site Materials will be used only for personal, informational and ordering purposes. Such license is subject to the Terms and Conditions and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites ("User Content"). By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
The Company does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the Company liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
Enforcement of these Terms and Conditions is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms and Conditions in other instances. In addition, these Terms and Conditions do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms and Conditions. Subject to applicable law, the Company has no obligation to screen, edit or monitor any of the User Content posted on the Sites, the Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized access to or uploading of User Content.
You agree that we shall not be responsible or liable in any way for any loss or damages of any sort incurred as the result of any such dealings with any third parties.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites. You may contact us at:
Restaurant Brands Asia Limited.
2nd Floor, ABR Emerald, Plot No. D8,
Street No. 16, MIDC Central Road,
Andheri (East), Mumbai – 400 093
Email Id: customercare@burgerking.in
These Terms and Conditions shall be governed by Indian law and the courts in Mumbai shall only have exclusive jurisdiction to resolve any disputes.