Terms of Use
These Terms of Use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (the “Terms”) govern your use of the burgerking.com.sg website, mobile application, social media platforms, digital in-restaurant kiosk, or other related services or platforms provided by Burger King Singapore Pte. Ltd. (“BKS”, “we” or “us”) (collectively the “Platform”). The “Services” we provide or make available include (a) the Platform, and (b) the services provided by the Platform and/or by BKS and made available through the Platform. Any new features added to the Services are also subject to these Terms. These Terms govern your use of the Services provided by BKS. Please read these Terms carefully before using the Platform.
Agreement to Terms
By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy (https://burgerking.com.sg/privacy). If you do not agree with the Terms, please do not access or use the Platform, or the Services.
The Platform may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g. companies. Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.
BKS reserves the right to change these Terms (including any additional terms and conditions or policies, which are published on the Platform and incorporated into these Terms) at any time and in its sole discretion. The modified Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Platform. You are responsible for reviewing the Terms regularly and you are strongly recommended to do so. You will be deemed to have agreed to the amended Terms (whether or not reviewed by you) by your continued use of the Platform following the date on which the amended Terms are posted.
Accounts
You may be required to create an account and specify a password to use certain features on the Platform. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe.
We may restrict, suspend or terminate your BKS account and/or use of the Platform, if we reasonably believe that:
BKS shall not be liable for any orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of such orders, including your delivery address and contact information.
Content Posted or Submitted by You
Certain pages on the Platform may allow you to post videos, audio, photographs, text, or other content (“Content”). Unless otherwise specified on a particular Site, you may only post Content to the Platform if you are eighteen (18) years of age or older. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to BKS. You may not post or distribute Content that is illegal or that violates these Terms. By posting or distributing Content to the Platform, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Platform and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By submitting or posting Content to the Platform, you grant BKS the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Platform, BKS does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. BKS owns all right, title, and interest in any compilation, collective work, or other derivative work created by BKS using or incorporating Content posted to the Platform. You irrevocably waive and agree not to assert any and all moral rights (and equivalent rights) in relation to any Content.
You are solely responsible for anything you may post on the Platform and the consequences of posting anything on the Platform.
All information, ideas, suggestions, or other communications you submit to BKS, including, but not limited to, Content posted on the Platform or communications sent via e-mail, will be on a non-confidential basis. BKS will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation.
Content Posted by Other Users
BKS is not responsible for, and does not endorse, Content in any posting made by other users on the Platform. Under no circumstances shall BKS be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Platform. If you become aware of misuse of the Platform by any person, please contact BKS by mail at: Burger King Singapore, 750B, Chai Chee Road, #03-02, Singapore 469002 or phone at 6214 3360 or email at atyourservice@burgerking.com.sg.
If you feel threatened or believe someone else is in danger, you should contact the local law enforcement agency immediately.
Activities Prohibited on the Platform
The following is a non-exhaustive list of the kinds of conduct that are illegal or prohibited on the Platform. BKS reserves the right to investigate and take appropriate legal action against anyone who, in BKS’ sole discretion, engages in any of the prohibited activities. Prohibited activities include but are not limited to the following:
BKS reserves the right but is not obligated to do any or all of the following:
Intellectual Property
All content, code, software, and any other materials that are part of the Services other than any content you may submit (collectively, the “BKS Content”) is the property of BKS. You may use the Services and print copies of BKS Content only for non-commercial, informational, personal use, without modification, and only so long as you comply with these Terms.
Copyright and Other Intellectual Property Rights. BKS Content is protected under applicable intellectual property laws. You acknowledge that all intellectual property rights related to the Platform are owned by BKS and/or its third-party licensors. Unless expressly permitted by us in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, use hyperlinks to connect or transmit, use method of mirror images to load to any other server, store to an information retrieval system, or in any way use or exploit any part of the BKS Content.
Trade and Service Marks. You acknowledge and agree that all BKS logos and marks as well as other proprietary materials depicted in connection with the Services and the BKS Content are the property of BKS and/or its affiliates and may not be used commercially without the prior written consent of BKS and/or its affiliates. Marks used in connection with BURGER KING® restaurants, including without limitation, BURGER KING, BK, WHOPPER, HOME OF THE WHOPPER, HAVE IT YOUR WAY, Crescent Logo, Hamburger Logo, Heritage Grilling Man, Value Platform, BURGER KING & Crescent Logo YOUR WAY, KING JR, KING DEALS, BIG KING, BACON KING, CROISSAN’WICH, WHOPPER, and WHOPPER JR., are owned by Burger King Company, LLC and may not be used without its written consent.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these BKS logos and marks in any way. The use of BKS logos and marks on any other platform is strictly prohibited. All of the materials contained on the Platform are copyrighted except where explicitly noted otherwise. BKS and/or its affiliates will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. BKS and/or its affiliates neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with BKS and/or its affiliates. Use of any materials on the Platform is at your own risk.
All photos and images of the products shown on the Platform or other marketing or promotional material are also for illustrative purposes only and may differ from the actual products.
Links and Third-party Content
The Platform may contain links to other websites or online services that are not under the control of BKS. Such links do not constitute an endorsement by BKS of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.
We may incorporate third-party links, services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your access or use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third-party providers, as applicable. These third-party links, software, technology, data, and/or other content are not owned or controlled by us. We do not control or endorse these third-party links, software, technology, data, and/or other content and shall not be responsible for the content, functionality, security, services, privacy policies, or other practices of these third-party linked pages. We accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
You may link to our Platform provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Representations, Warranties and Limitation of Liabilities
The Platform and the Content are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. TO THE FULLEST EXTENT PERMITTED BY LAW, BKS, LICENSORS AND ITS RESPECTIVE AFFILIATES, AND EACH OF THEIR OFFICERS, EMPLOYEES, AGENTS, RESPRESENTATIVES AND SERVICE PROVIDERS (THE “BKS ENTITIES”), DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARISING BY LAW, IN CONTRACT, CIVIL LIABILITY OR IN TORT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM WITH RESPECT TO YOUR USE OF THE PLATFORM IS TO DISCONTINUE YOUR USE OF THE PLATFORM. THE BKS ENTITIES, EXCLUDE ALL LIABILITY FOR LOSS OR DAMAGE WHICH YOU OR ANY THIRD PARTY MAY INCUR IN CONNECTION WITH THE PLATFORM, THE SERVICES, AND ANY WEBSITE LINKED TO THE PLATFORM AND ANY CONTENT POSTED ON IT. THE BKS ENTITIES, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR REVENUE OR BUSINESS, LOST OR DAMAGED DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER ECONOMIC OR COMMERCIAL DAMAGES OR LOSSES OR ANTICIPATED SAVINGS FROM YOUR USE OF THE PLATFORM, SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM, EVEN IF THE BKS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
While BKS makes reasonable efforts to ensure the provision of the Platform and the Services we offer, are available at all times, the BKS Entities do not warrant or represent that : (a) the Platform will be reliable, accurate, complete, or updated on a timely basis; (b) the Platform will be secure, free of human and machine errors, free of technical difficulties, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Platform will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post on the Platform will remain on the Platform; or (e) the functions or services performed on the Platform will be uninterrupted or error-free or that defects in the Platform will be corrected. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
You acknowledge and agree that it is your sole responsibility to ensure that you are using the most updated version of the BKS mobile application. BKS may periodically release updates that include important improvements, features, and accurate deal displays. You understand that any deals, offers, or information presented on older versions of the mobile application may be incorrect, outdated, or unavailable, and BKS shall not be held liable for any discrepancies or issues arising from the use of such older versions.
Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract. Nothing in these Terms shall exclude liability for death or personal injury arising from gross negligence or wilful misconduct by the BKS Entities.
Mobile Payment and Mobile Ordering
You may be permitted to participate in certain functionalities of the Services (“Mobile Services”) which allow you to use a mobile device to order (“Mobile Ordering”) and pay for certain products from BKS ordered prior to arrival at the participating restaurant locations or through the digital in-restaurant kiosks (“Mobile Payment”).
Mobile Ordering and Mobile Payment may not be available for all Burger King® restaurant locations. Some restaurants may not sell all menu items, and certain menu items may be subject to limited availability, or availability that is limited to certain times of the day. Images of menu items on the Mobile Services may not be identical to what you receive. No changes can be made to the order after the payment is completed. Do note, your payment is processed by a Third-Party provider Ayden.
When you use the Mobile Services for Mobile Ordering, you must select the participating Burger King® restaurant, and the approximate time of pick-up or delivery. Please select your location and pick-up/delivery time carefully, as once you have confirmed your order, it cannot be canceled. You must also select whether you are placing an order for pick-up or delivery. To use the Mobile Services, you will need to enter your address, name, and phone number, and BKS will share the information you enter with the restaurant or the delivery provider (as applicable) assigned to your order, and such information will be subject to our Privacy Policy and/or the third party delivery partner’s privacy policy, if applicable. Not all Burger King® restaurant locations offer both pick-up and delivery, and the availability of in-restaurant dining may vary. Delivery is not available in all locations and, if delivery is available, it may be available only to a limited geographic area and only for a limited time. Prices may be higher than in restaurant for delivery. Delivery fees, service fees, surge fees, small order fees, supplemental fees and charges, driver benefit fees, and other fees and charges associated with orders placed for delivery may apply and vary by location and are subject to change at any time. Delivery in the BK® app is governed by the Burger King® Delivery Terms, which are incorporated herein by this reference.
If your order is not picked up at the selected time, or if we attempt but are unable to deliver your order at the selected time, your order will be discarded, and no refund will be issued.
Deliveries will only be made to a valid address (as determined by BKS in its sole discretion). However, please note that delivery may not be available to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your order. In the event we are not able to deliver to the address you provide, we will notify you, your order will be cancelled, and you will receive a refund. You acknowledge and agree that delivery times may vary, and BKS makes no warranty or guarantee with respect to when your order will be delivered. Time estimates for deliveries are provided for convenience only and are subject to change. BKS is not responsible for inaccurate delivery time estimates.
You have a legal obligation to pay for any orders that you make through the Mobile Services using the payment option we make available through the Mobile Services at the time of ordering. You also have a legal obligation to pay for any orders you place in restaurant when using Mobile Payment. If you use Mobile Ordering, you must provide a valid form of accepted payment before submitting your order.
For both Mobile Ordering and Mobile Payment, applicable taxes and fees will be charged at the time you are billed. By completing an order, you agree to pay, in full, the prices and all applicable taxes and fees in relation to your order, either by credit card or other permitted payment method. The total amount due may be charged in a single or more transactions.
Fees
Minimum order amounts may apply for orders placed through the Mobile Services. Home Delivery minimum orders will be subjected to a flat surcharge of S$4.50, or such other charge as determined by BKS from time to time. A minimum order of S$12 applies to all delivery orders, unless otherwise stated.
Pricing and other terms and conditions relating to a purchase may be changed, in whole or in part, by BKS at any time without notice (unless required by applicable law). Prices for Mobile Ordering may differ from those for purchases made through other channels (e.g., in-restaurant or through third parties). We reserve the right to change the prices offered through the Mobile Services at any time. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards and/or other modes of payment we are able to accept, from time to time.
Charges paid for completed orders may not be cancelled, returned, or refunded. You may be entitled to a refund, at the sole discretion of BKS or its agents, based on the individual circumstances underlying each request. However, for the avoidance of doubt, BKS has no obligation to provide refunds or credits, but may grant them, in our sole discretion. BKS takes fraudulent behaviour seriously and has filters in place to monitor your orders and, where applicable, at BKS’s sole discretion, refund requests. All disputes and refund requests are determined on a case-by-case basis in BKS’s sole and absolute discretion. Submission of false, misleading, or otherwise unjustified refund requests will result in the termination or suspension of your ability to use the Mobile Services, as set forth in Section below.
Without limiting the generality of any other section of the Terms, we reserve the right to limit or refuse any order, or any item or items within an order, you place through the Mobile Services. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering, and/or any other violation of the Terms. We may, in our sole and absolute discretion, limit, or cancel quantities purchased per person, per household, per period of time, or per order. These restrictions may include orders placed by or under the same account, or using the same payment method, credit card, and/or billing information. If we are unable to or choose not to accept an order or item, you will be notified accordingly and the amount for that order or item will be refunded accordingly.
All orders are subject to verification at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order, delivery, pick-up, and/or other information; and/or (ii) for any other reason we deem necessary for the purposes of fulfilling an order in accordance with our interpretation of the Terms.
If you are dissatisfied with the products or services you received from the selected restaurant, please contact us at atyourservice@burgerking.com.sg.
In addition to the above, you hereby agree to the following terms if you access or use Mobile Ordering or Mobile Payment on the Platform:
Suspension and Termination; Modification of Platform Content
You agree that we may do any of the following, at any time, without notice:
We shall not be required to compensate you for any modification, suspension or termination.
Without prejudice to any other provisions, we may vary, modify or remove any content on the Platform without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product delivery charges and transit time). In the event any any content on the Platform contains any typographical errors, inaccuracies, omissions or otherwise, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as BKS deems appropriate including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, cancelling the affected orders at any time without prior notice (including without limitation after an order has been submitted).
Indemnification
By agreeing to the Terms upon using the Services or accessing the Platform, you agree that you shall indemnify and hold BKS, its licensors and service provides, and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your access or use of the Services, the Platform and/or any part thereof, or (b) your violation or breach of any of these Terms, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, or (c) where applicable, your provision of any Content via the Platform.
No Third Party Rights
A person who is not a party to these Terms shall have no right under the Contracts (Right of Third Parties) Act 2001 to enforce any of its terms.
Severability; No Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
Entire Agreement
These Terms comprise the entire agreement between you and BKS in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to conflict of laws rules. Each party submits to the exclusive jurisdiction of the Singapore Courts all disputes, actions, claims or causes of action arising out of or in connection with these Terms, including any question relating to its existence, validity or termination.
Contact Us
Questions? Comments? Please send an email to us at atyourservice@burgerking.com.sg.
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