Effective as of 10/10/2016.
This Application End User License Agreement (“Agreement”) sets forth a legally binding agreement between you and Burger King Corporation. (“BK”). Please read this Agreement carefully before using this application (the “Application”). By downloading or installing this application you acknowledge and agree to be bound by these terms. If you do not agree to the terms contained in this Agreement, then you may not use the Application and should uninstall the Application immediately. Your use of the Application constitutes your acknowledgement that you have the legal authority to bind yourself and any party you represent (collectively “you”), and constitutes your acceptance of this Agreement (on behalf of yourself and anyone you represent). You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Application.
BK or its third-party vendors may, in its/their sole discretion, and at any time, discontinue this Application or any part thereof, with or without notice, or may prevent your use of this Application with or without notice to you. You agree that you do not have any rights in this Application and BK and its third-party vendors will have no liability to you if this Application is discontinued or your ability to access the Application is terminated.
YOU MAY NOT USE THE APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE APPLICATION MAY BE TERMINATED IMMEDIATELY IN BK’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
App users will have access to in-app coupons, redeemable at select BURGER KING® restaurants. These coupons are assigned to users based on their registered mobile telephone number or such other criteria as may be determined by BK and its third-party vendors in its/their sole discretion, and may not be redeemable at all participating restaurants. Such coupons can be presented for redemption via the Application. Coupons are subject to the terms, conditions and restrictions set forth on the face of the Coupon or as otherwise disclosed by BK in connection with the coupon. Lost, stolen or expired coupons will not be replaced. For consumers who are part of the BURGER KING® Rewards program, additional coupons may be available through the BK® website.
Product and Service Availability
BK may permit you, through the Application, to order menu items or other products or services (collectively “Products or Services”) from a BURGER KING® location. All descriptions, images, features, specifications, products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on the Site does not imply or warrant that these Products or Services will be available. BK and its third-party vendors reserve the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service.
Links to Third-Party Applications and Services
The Application may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Application may allow you to add/configure certain Third-Party Services to your device. The Application may also permit you to login to the Application through a Facebook or other social media account. BK and its third-party vendors have no control over and make no representations or warranties whatsoever about any of the Third-Party Services that you may access, are not responsible for the availability of such Third-Party Services, and do not endorse nor are responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on BK servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree BK and its third-party vendors are not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
User Information, Accounts, Passwords, and Security
Certain areas of the Application may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Application or any features at all.
If the Application requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. You may also be prompted to grant BK access to your location. While sharing location information with BK is not required to download and use the Application, some Application features may not be available. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify BK immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Application.
You agree that BK and BK’s third-party vendors may collect and use all information provided by you, including but not limited to technical and usage data and related information, technical information about your device, geolocation, date and time of Application access, system and application software, and peripherals, and any data that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. You grant BK and its third-party vendors the permission to use this information to improve BK products or to provide services or technologies to you.
The following requirements apply to your use of the Application:
Mobile Service, Internet, and Service Fees
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from BK, your mobile carrier or third party service providers. IF YOU DO NOT HAVE AN UNLIMITED WIRELESS MOBILE DATA PLAN, YOU MAY INCUR ADDITIONAL CHARGES FROM YOUR WIRELESS SERVICE PROVIDER IN CONNECTION WITH YOUR USE OF THE APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY ADDITIONAL SUBSCRIPTION OR CONNECTIVITY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE APPLICATION, INCLUDING BUT NOT LIMITED TO PAYMENT OF ALL THIRD PARTY FEES ASSOCIATED THEREWITH, INCLUDING FEES FOR INFORMATION SENT TO OR THROUGH THE APPLICATION.
The Application may not work with all devices or all mobile carriers. BK and its third-party vendors make no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Users of the Apple Application
If you download and/or use our iPhone or iPad Application: You, the end-user of this Application, acknowledge that this Agreement is entered into by and between BK and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Application and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Application. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Application is considered the “Licensed Application” as defined in the LAEULA and BK is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Application (including, without limitation, a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Application.
BK may make available for download certain Application updates or upgrades to the Application to update, enhance, or further develop the Application (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update the Application on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by BK.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of BK, its third-party vendors, and its licensors of the Application and Application Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Application and Application Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
BK and its third-party vendors may, at its/their discretion, automatically upload Application Updates to your device. You agree to accept these Application Updates, and to pay for any costs associated with receiving them. The Application and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application and Application Updates. These laws include restrictions on destinations, end users, and end use.
Grant of License
The Application, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code, and other embedded software), Application Updates (as defined below), documentation, and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by BK, subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with BK, who owns full and complete title, and BK and its licensors reserve all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to BK’s intellectual property rights in the Application and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Application on one device at a time. You may not make the Application available over a network where it could be used on multiple devices at the same time. This Agreement does not grant you any rights to use BK proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Application. Any use of the Application in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Application or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Application is prohibited. This Agreement does not entitle you to receive and does not obligate BK to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Application. This Agreement is effective until terminated.
Your rights under this Agreement will terminate automatically without notice from BK if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Application.
BK provides the Application to you, subject to this Agreement. The Application, and any services performed, provided or enabled by or through the Application and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, and other materials provided to you via the Application (collectively “Content”), are intended for the lawful use by registered users of the Application. You represent and warrant that you will use the Application and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify BK if any of your information changes. BK and its third-party vendors make no representation that the Application or Content is appropriate or available for use in particular locations.
You agree not to download, display, or use any Content for use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of BK, in any other manner that is likely to cause confusion among consumers, that disparages or discredits BK and/or its licensors, that dilutes the strength of BK and/or its licensors’ property, or that otherwise infringes BK and/or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content.
If you are a trademark or copyright owner and you believe that your copyright or trademark rights have been violated, please follow the complaint process referenced in our website BK.com (the “Website”) terms and conditions.
Intellectual Property Ownership
There are a number of trademarks, logos, service marks, slogans, product names and designations, and other proprietary indicia (collectively “Trademarks”) used in the Application and in the Content. By making these Trademarks available through the Application and in the Content, BK is not granting you a license to use them in any fashion, and you are not granted any license under any of BK’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No BK Trademarks may be used as a username, icon, identifier, hyperlink, or in any other manner without BK’s prior written permission.
The Application, Content, and the selection, coordination, and arrangement thereof, is owned either by BK, or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Application is a violation of the law. You acknowledge having been advised by BK that the Content and Application is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws.
Representations, Disclaimer of Warranties, and Limitations of Liability
BK and its parents, subsidiaries, officers, employees, and website/third-party contractors and each of their officers, employees, and agents (collectively, “BK Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Application. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by BK or the BK Affiliates.
The Internet may be subject to breaches of security. BK and the BK Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bug, tampering, unauthorized intervention, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing BK or the BK Affiliates any information or posting information to the Application. BK and the BK Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Application. This Application may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE APPLICATION (INCLUDING ALL APPLICATION UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. BK AND THE BK AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION AND THE CONTENT. BK AND THE BK AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION, (INCLUDING ANY APPLICATION UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL BE CORRECTED. No oral or written information or advice given by BK or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Application prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT BK AND THE BK AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE APPLICATION OR THE CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE APPLICATION; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BK, BK AFFILIATES, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE APPLICATION OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS, OR INACTIONS OF APPLICATION USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH APPLICATION USERS, EVEN IF BK OR THE BK AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE APPLICATION OR ITS RELATED INFORMATION OR PROGRAMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS CONTRACT AFFECTS YOUR STATUTORY RIGHTS.
BK may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Application. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Application by others using the device.
This Agreement constitutes the entire agreement between you, BK, and the BK Affiliates governing your use of the Application, superseding any prior agreements between you, BK, and the BK Affiliates relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Application. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. The failure of BK or the BK Affiliates to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Kuwait, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and/or your use of the Application resides in the courts located in Kuwait, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims, and causes of action arising out of or connected with the Application and/or this Agreement, will be resolved individually, without resort to any form of class action. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You acknowledge and agree that your use of the Application may involve you providing an “electronic signature” indicating your desire to use the Application. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact us email@example.com.
The Application is provided pursuant to this Agreement. In the event of a complaint or concern regarding this Agreement or the Application, or for more information, please contact BK at firstname.lastname@example.org or at the following address: Kout Food, PO Box 26671 Safat 13127
Both you and BK acknowledge and agree that no partnership is formed and neither of you nor BK has the power or the authority to obligate or bind the other.
The failure of BK to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of BK, shall not be deemed a breach of this Agreement.
This Agreement constitutes a binding agreement between you and BK.
Agreement to Terms
By registering for the Program, you agree to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using the Program.
BKC may change, modify and/or eliminate these Terms and Conditions and/or the Program or any policy, FAQ, or guidelines pertaining to the Program at any time and in its sole discretion. The modified Terms and Conditions and/or the Program, as applicable, will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Program. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the Program.
The Program is not targeted towards, nor intended for use by, anyone under the age of 14. If you are between the ages of 14 and 18, you may only use the Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
Governing Law and Severability